CO129-541-1 Piracy- case of Rex v. Chung Tam Kwong 29-7-1932 - 3-2-1933 — Page 76

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be in a good position to protest if this country were to take

cognizance of crimes committed by aliens outside the

recognised jurisdiction of British Courts which, though

piratical in their nature, did not come within the admitted

definition of piracy in international law, such action

would be uite inconsistent with British professions and

policy in the past.

12. It is not an easy mat er to give a definition

of piracy which would be agreed to by all international

jurists as being ex.ct. dor need such a definition be

attempted here. It will be sufficient to indicate what

legislation could, in the opinion of the writers, properly

be passed without going beyond what is quasi-universally

acknowledged to be within the ambit of piracy jure

gentium.

13.

There can be no doubt that in international as

in English law the notion of piracy is intimately connect-

ed with that of robbery. (19)

The principal difference

is that, as most writers are agreed, the mere attempt at

robery on the high seas, if accompanied by unauthorized

acts of violence, threats or intimidation, will, in

inter-national law, anffice to constitute piracy. Thus

Ha: (20) defines piracy 28

"Robbery or attempt at robbery of a vessel by force or intimidation either by way of attack from without, or by way of revolt or the crew and con- version of the vessel and cargo to their own use".

In...

19.

20.

A convenient summary of the opinions of international Jurists will be found in Hall's International Law, 8th Ed. p.313, footnote 1.

Op. cit. p.314.