CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 68

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diction of the Admiralty which had been given to

commissioners by the Offences at Sea Act, 1536,

(28 Hen. VIII, c.15). It is from this latter statute

that the courts in England trace their jurisdiction

to proceed in the trial of piracy jure gentium.

By section 1 of this statute "all treasons, felonies,

robberies, murders and confederacies hereafter to

we committed in or upon the sea etc. shall be.

inquired........in like form and condition as if

any such offence......had been committed........ upon

the land.

after the common course of the laws

• •

of this realm used for treasons, felonies, murders,

robberies and confederacies of the same done and

committed upon the land within this realm."

It

is under this act that indictments in England for

piracy have been laid and criminal proceedings have

been conducted. This act is not concerned only

with piracy but includes the other crimes set out

in its terms. It is now definitely recognised that

the act conferred a jurisdiction over foreigners in

foreign ships in respect of piracy but that in

respect of other crimes the jurisdiction granted

is confined to British subjects and/or to British

ships.

At the trial I refused an application to

quash the indictment. The application was made

on the ground that no robbery was disclosed.

The

matter was not then argued very fully. When I

allowed the trial to proceed, my decision was

influenced by the idea that the Admiralty Offences

"Colonial) Act, 1849, (12 & 13 Vict., c.96), on which