CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 62

impose any obligation upon countries to punish acts

of piracy jure gentium committed on the high seas.(1)

It merely recognises the right of any state to do so

irrespective of the nationality of the accused. Whe

right consists really in an exception to the

principle that states ought not, in general, to take

cognizance of crimes committed by foreigners out of the

jurisdiction, and it is left to each state to determine

for itself what acte, if any, committed by foreigners

on the high seas coming within the definition of

piracy jure gentium shall be punishable in its courts.

Acts committed on board, or producing their effects

apon its own vessels, are under international law

deemed to be committed within its jurisdiction and

therefore punishable under ita municipal lew, whether

constituting piracy jure gentium or not (see below

paragraph 10). Since a court can only punish as

•

crimes actions which it is definitely directed to punish

as such by some rule of law ap licable in that court,

and since there is no rule of international law which

actually directs acts of piracy jure gentium to be

punished, it follows that even if international law

were part of the law of England it would still be

necessary to find some rule of English law making

piracy punishable and more-over defining either expressly

or by necessary implication what specific acts were

punishable under that head.

(1) Thus Oppenheim, International Law, 4th Ed. Vol.1.

p.505, say B Nor does the Law of Nations

*

make "it a duty for every maritime State to punish all

"pirates"

-

and see below footnote 7. quotation from Oppenheim for a still more precise statement.

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