CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 75

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Part of the goods or merchandises belonging to

such ship or vessel, the person or persons guilty

thereof shall in all respects be deemed and punished

as pirates aforesai d". It would thus appear to have

been necessary in the opinion of the legislation to

reinforce the common law by statute in order to punish

as pirates persons who had accomplished considerably

more by their violent acts than is alleged in the

present indictment. A distinction must be noted

between statutes providing for the punishment of

piracy and other statutes, e.g., the Piracy Act,

1850, 13 and 14 Vict., c.26, which provides for an

inquiry by the High Court of Admiralty in England

and other courts of Admiralty in His Majesty's

dominions beyond the seas, held to determine whether

persons attached or engaged with by His Majesty's

ships were pirates and to ascertain the number of

pirates captured or engaged. It is not only from

the language of English statutes that assistance is

obtainable in this matter. As appears in the report

of an American case "The United States of America

v. Smith" (5 Wheaton, 153) (and also from reference

to Kent's "Commentaries on American Law" vol. 1,

p.185) that Congress taking action under a constit u-

tional power given "to define and punish felonies

on the high seas and offences against the law of

nations" had passed an act providing "that if any

shall upon the high seas commit the crime

person.

of piracy as defined by the law of nations.....such

offender.....shall......be punished with death."