CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 73

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with intent to commit piracy" and the particulars

of the offence corresponded with this statement.

It would thus appear that at the time when these

two indictments were drafted, the draftsman gave

effect to the opinion that the stealing of the ship

constituted an essential element in the crime of

piracy.

Leaving the records of the courts, I now

come to the consideration of the tera piracy as it

has been used in the statutes dealing with piracy

(other than municipal piracy). It was not necessary

for the learned Atto mey General to argue, nor did

he do so, that cruising with a piratical object by

itself rendered a pirate liable to be punished by

international law in national courts. Still less

that the status and reputation of a pirate was such

as to render him amenable to this court. It has

been agreed by the learned Attorney General, in

presenting the view of the crown, that in order to

constitute the crime of piracy for the purpose of

these proceedings, there must have been present not

only a piratical mind, but also a piratical act.

The enquiry necessitated here will seek, in the

language of the statutes, to ascertain the nature

of the requisite act; and for the purpose of the

question of law here under consideration, the issue

has been narrowed down to discussion whether viɔlence

for the purpose of robbery is by itself enough or

whether further a completed robbery is required. This enquiry may be usefully prosecuted by study of statutes passed in England to supplement the

common law relating to piracy. That not every