CO129-543-4 Piracy- Case of Rex v. Chung Tam Kwong and others 10-2-1933 - 2-3-1934 — Page 39

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in fear of their lives certain mariners

in cargo junk No.206.V. with intent to

carry away the said junk, her tackle and

A

cargo from the owners thereof and to

steal the same. After the verdict of

guilty of the jury the following question

of law was reserved by the trial judge

viz: "Whether an accused person may be

convicted of piracy in circumstances

where no robbery has occurred", piracy

being understood to refer to piracy

jure gentium since the crime if it were

one was committed by foreigners on the

High Seas. By the judgment of the Full

Court of Hong Kong delivered on the

1st April, 1931, this question was

determined in the negative with the

result that the conviction was quashed

and the prisoners were discharged. No

appeal lies from the above judgment of

the Full Court which is and remains

binding

I