CO129-543-4 Piracy- Case of Rex v. Chung Tam Kwong and others 10-2-1933 - 2-3-1934 — Page 29

My dear Bushe,

x

15th November, 1933.

29

Piracy.

When I spoke to Gwyer about our conversation

this morning, he told me that the Attorney-General had

expressed a desire that the Counsel who are to appear to

argue on the other side should state that they do so on the

instructions of the Secretary of State. I had forgotten, if

I was ever aware, that this matter had ever been discussed.

We propose the refore to instruct Counsel to say

that they appear on the instructions of the Secretary of State

for the purpose of rendering such assistance to Their Lordships

as may be possible by ensuring that the arguments in support of

the view that robbery is an essential element of piracy are

before them.

The essential thing in the Attorney-General's

view is apparently that the Hong Kong Government should not be

regarded as in any way a party to the proceedings. I think

this is substantially in accordance with the arrangement we

made this morning, but I shall be glad if you will confirm it.

Gw yer sees no objection to Jowitt and Kenelm

P.T.O.