71
:
statute of Henry VIII was at no time enlarged by
the subsequent statutory additions in England to
the list of felonies.
Apart from the distinction drawn in the law
of England between felony and misdemeanour it is also
necessary in interpreting the Aami ralty Offences
(Colonial) Act, 1849, to inquire what meaning has
been given in England both in statutes and in
indictments to the word "piracy".
It has been
agreed that so far as recorded cases have been
investigated in connection with the present matter
no case has been found in which a conviction for
piracy has been entered in circumstances where no
stealing has occurred. The authoritative statement
for the courts of British Colonies is contained in
the judgment of the Privy Council in "The Attorney
General for the Colony of Hong Kong v. Kwok A Sing"
*((supra) at p.199,) from which judgment I quote the
following opinion of the Judicial Committee
"They see no reason to doubt that the charge of
Sir Charles Hedges, Judge of the High Court of
Admiralty, to the grand jury, as reported in the
case of "Rex v. Dawson" (13 State Trials, 454) and
which was made in the presence and with the appro val
of Holt C.J. and several other common law judges,
contains a correct exposition of the law as to what
constitutes piracy jure gentium. He there says
piracy is only a sea term for robbery, piracy being
a robbery within the jurisdiction of the Amiralty...
.If the mariners of any ship shall
•
violently dispossess the master and afterwards
carry away the ship itself or any of the goods, with
No comments yet.
Private notes are available after approval.