CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 59

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Rex

V.

Chung Tan hwong, Leung Yan,

Lau Kwong,

Tsang Sung,

Tsang Hing,

Li Hing,

Yau Hing,

Wong San, Wong Tim,

Li Shun Lee,

Lui Sui, and

Tsang Kau.

JUDGMENT.

This matter arises before us as a question

of law reserved for the consideration of the full

court under section 78 sub-sec. (1) of the Criminal

Procedure Ordinance, 1899, (Ordinance No. 9 of 1899).

This question was reserved by myself during the

Criminal Sessions held in February last.

The

twelve prisoners were convicted by the jury on an

indictment for piracy. The facts established in

the case by uncontradicted evidence were these:-

On the 4th January, in the present year, on the high

seas, the prisoners were cruising in two junks.

The

prisoners are subjects of China and the junks were

Chinese vessels. One or more of the prisoners

were in possession of firearms.

The prisoners

pursued and attacked a cargo junk which was also a

Chinese vessel. The master of the cargo junk was

alarmed and attempted to escape. A chase ensued

during which the prisoners came within two hundred

yards of the cargo junk. The chase continued for

over half an hour, the vessels preserving this

distance.

Shots were fired by the attacking party.

While the chase was still proceeding, the s.s.

Hang