CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 71

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8.

II.

It would seem, on the other hand, that if the

...

indictment had been framed unier 8.2 of 1 Viot. c.8 the

accused could properly have been convicted, not only in

a court in England but also in a Colonial court, for

S.2 of the Admiralty offences (Colonies) Act 1849 applies

to "any person within any colony .... charged with

felony", and the offences constituted by S.2 of 1 Viet.

0.88 are declared to be felonies. Heme the only

questions are was the offence in the present osse within

that section, and were the accused persons contemplated

by that section? On the first point it would seem

that the provision exactly describes what occured in

the present case. It states to be guilty of felony an

person who "with intent to commit

before or immediately after committing

or immediately

the crime

of piracy in respect of any ship or vessel, shall assault

with intent to "urder, any person being on board of or

belonging to such ship or vessel

or unlawfully do any

act whereby the life of such person may be endangered........

The sole remaining question is therefore, was this provision

intended to ap ly to the case of foreigners com itting these

acts out of the jurisdiction? It is submitted that upon its

true interpretation it must have been intended to apply to

such persons.

9.

It is noteworthy that the above actions are declared

to be felonies not only if they take place immediately

before committing "the crime of piracy" but also if they

take place immediately after the commission of that crime.

Hence the legislature clearly contemplated that the

provision should be applicable to persons who had actually

been guilty of piracy. The provision is not, however

specifically limited to what may be called municipal

piracy and in the absence of any such specifio limitation

it must be presumed to apply to all cases of piracy, including therefore piracy

jure...