CO129-547-8 Piracy- case of Rex v. Chung Tam Kwong 22-3-1934 - 14-12-1934 — Page 31

IN THE MATTER OF PIRACY JURE GENTIUM.

Note on the Report of the Judicial Committee.

41

After perusing the above Report I find it

impossible to estimate what its exact effect is likely

to be on the Colonial Courts exercising criminal juris-

diction in respect of piracy jure gentium. The Judicial

Committee has now said that the definition of piracy

given by Sir Charles Hedges in his charge to the Grand

Jury in Dawson's case must be read secundum subjectam

materiam. In other words what was approved by the Board

in A.-G. for Hong Kong v. Kwok-a-Sing (1873) L.R. 5 P.C.

179 as a correct exposition of the law as to what consti-

tuted piracy jure gentium, is now not to be regarded as

exhaustive.

It seems to me that one of the difficulties

which may arise in minds of those who are called upon to

exercise criminal jurisdiction in the Colonies will

result from the fact that the Report proceeds upon the

lines expressed in the penultimate sentence of the Report

where it is said that: "A careful examination of the

subject shows a gradual widening of the earlier definition

of piracy to bring it from time to time more in consonance

with situations either not thought of or not in existence

when the older juris consults were expressing their

opinions".

It is not very evident quite how this 'gradual

widening' could on the particular question put to the

Board supply an answer, as frustrated attempts to commit

piratical robbery conceivably must have occurred in

ancient and well as in modern times.

Be that as it may however, as an Answer to

1.