CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 25

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entitled to, and should, convict.

Before convicting in such circumstances, however,

the Court should have clear evidence of the

attack being made with intention to rob,

or in other words, made piratically.

Under

the present law homdoide by a foreigner

when not in a British ship and outside

Hong Kong territorial waters (and a fortiori

lesser offences, such as assaults

assaults)

not cognisable by Imperial Courts.

are

It

is of obvious importance that the scope

of judicial treatment by any State of

piracy jure gentium should not be extended

so as to trespass unduly upon the municipal

jurisdiction which every State is assume d

to exercise over its subjects and in the

interests of international amity, any

unwarranted extension of Imperial jurisdiction

over the high seas is øincerely to be

A foreigner when not in a British ship & outside the 3-mile zone, be proceeded against under 1 Vict. c. 88,

can not

or

in the Colonial Courts

by virtue of 12 and 13

•Vict.c.q6.

avoided.

3. Having regard to the importance

of