CO129-534-9 Law of Piracy- case of Rex v. Chung Tam Kwong 1-4-1931 - 20-4-1932 — Page 82

"Hang Sang" approached and subsequently also the

The officers in command of the se

#.#. "huí Chow".

*Shui

merchant vessels interfered and through their agency

the prisoners were eventually taken in charge by the

commander of H.1.8. "Sorme", which arrived in conse-

quence of a report made by wireless. The prisoners

were then brought to this Colony and indicted for

the crime of dracy. The count contained in the

indictment on which evidence was offered was as follows

-- "Statement of offence, Piracy.

offence, that you

Particulars of

on the 4th day of

January, 1931, upon the high seas with force and arms

assaulted and put in fear of their lives.

meriners in cargo junk do. 2061

with

intent to take away the said junk her tackle and cargo

from the owners thereof and to steal the some

After the verdict of the jury, I reserved

the following question of law "whether an accused

person may be convicted of piracy in circumstances

where no robbery has occurred.

The learned Attorney General, in his

argument before us on behalf of the Grom, has

submitted that the decision of this question depends

wholly upon international low The piracy charged

is piracy jure gentium. By international law this

crime is justiciable everywhere. A conviction for

this crime may be recorded by a competent court in

sny country. The Supreme Court of any community

in its criminal jurisdiction will, he submitted,

sccept a power from international law to punish

prisoners guilty of piracy jure gentima. If I

have