CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 37

PIMACY IN THS LAINA MBAS

whether acts of violence committed on the

high seas by foreigners are justiciable in

H.A. Courts without proof of actual robbery

on hoard.

38

GASK FOR THE LAK VPPIGARS OF THR

The following papers are sent i-

(1) Copy Judgment of the Pull Court at Hong Kong,

kex v. Chung Tam Kwong *nd others.

(2) Gopy

Gopy Despatches and Departmental correspondence.

(3) Copy Memorandum by the 3rd Legal Adviser to the

Foreign office.

The opinion of the Law Officers is desired on certain

questions arising out of a decision of the Full Court at long

Kong in the case of hex V. Chung Tam Kwong and others who had

been indicted for the crime of piracy, to the effect that sotuml

robbery is necessary to support a conviction for piracy.

The facts are set out in the transcript of the Judgments

of the Court which accompanies this Cane, but the salient

feature of the case was that the accused had been arrested

before they were able to perfect their manifest intention of

committing # robbery on the high seas, and it was doubted

whether in these circumstances the necessary elements of the

crize of piraog existed.

As the Lea officers will observe from the correspondence,

of which a copy accompanies this Case, the decision of the

Court at nong Kong has given rise to somewhat serious problema

vizi- whether there is under existing legislation any power in

the Courts of tals country, and consequently in the Col^nisl

1.