CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 74

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piratical act brings the offender within reach of

the common law may be inferred from the language of

"An Act for the more effectual suppression of

Piracy" 11 William III, c.7, s.9, which provides

•

"If any commander or master of any ship.

shall in any place where the Admiral hath juris-

diction..... turn pirate.......and piratic ally and

feloniously run away with his

• •

.

ship.

• •

• •

he

shall be adjudged deemed and taken to be a pirate

felon and robber and being convicted there of according

to the directions of this act shall have and suffer

pains of death...

•

as pirates felons and

robbers upon the seas ought to have and suffer."

By the same section it was provided that "If any

person shall lay violent hands on his commander

whereby to hinder him from fighting in defence of

his ship and goods committed to his trust or that

shall confine his master or make or endeavour to

make a revolt in the ship, he shall be "similarly

punished. The legislature here declared certain

acts to be piratical in character and yet at the

same time found it necessary to provide by statute

for their punishment. It is even more interesting

to note that in the Piracy Act, 1721, 8 George I,

;

c.24, s.1 it was enacted that "In case any pers on

or persons belonging to any ship or vessel whatsoever

upon meeting any merchant ship or vessel upon the

high seas or in any port haven or creek whatsoever,

shall forcibly board or enter into such ship or vessel

and though they do not seize and carry off such

ship or vessel shall throw overboard or destroy any