CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 63

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3. It is unnecessary to recapitulate here the

statutes and decisions referred to in the judgment

of the Hong Kong Court in the present case and in the departmental corresponience, which go to establish the

soundness of the general proposition that "piracy"

committed by a foreigner out of the jurisdiction is

punishable under English law. The question is what

oonstitutes "piracy" in English law. Had the courts

been content to abstain from defining piracy on their

own account, and simply to punish acts of "piracy Jure

gentium", the implication would have been that they

regarded as piracy any act amounting to piracy in

international law, and it would have been permissible

to turn to international law in order to discover what

acts constituted piracy for pur.oses of English law.

In that event there can be no doubt that the offence

committed by the accused in the present case muat have

been held to be punishable, for writers on international

law are in general agreement that an unauthorized attack

on a vessel with intent to seize her, her cargo or

tackle, i.e. a mere attempt at robbery on the high

seam if accompanied by violence or intimidation,

is an act of piracy jure gentium, even though the

attack 18, in actual fact, frustrated. (2)

4. It is however difficult to see how the courts

could have simply referred to international law for a

definition of piracy jure gentium, sceing that the

2.

See below paragraphs 12-15.

authorities

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