CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 73

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jure gentium could have been shown. There was clearly

an intention to rob, and robbery would constitute

piracy jure gentium as defined both by international

law and by English courts. Hence it would seem that

the accused could properly have been indicatia inder

8.2 of 1. Vict.c.88 for assault with intent to murder

and with committing acts likely to endanger life

eta.

Nor would there by any conflict with the pro-

visions of international law in such a conclusion,

for all the acts enumerated in 6.2 of 1.Vict. 0.88 are

acts which in the circumstances then contemplated (viz."with

intent to commit piracy" etc) would per se constitute

piracy in international law, and hence according

to that law, would be punishable in any court by

whomsoever committed. This topic is more fully

dealt with in the final section of this memorandum.

III.

10. There does not in the presen' case appear to

be any other rule of law or atatute under which a

conviction ....

16. Of course if the act is not piracy jure gentium,

but merely municipal piracy, then it is only punishable if committed by a British subject, or by an alien in British territory or waters or on or producing its effects in a British ship.