58
In the Privy Council
In the Matter of a Reference under the Judicial Committee Act, 1833 (3 & 4 Will. IV. Cap. 41, Section 4)
AND
In the Matter of Piracy jure gentium.
In the Privy Council
In the Matter of a Reference under the Judicial Committee Act, 1833 (3 and 4 Will. IV. ch. 41. Section 4).
AND
In the Matter of Piracy jure gentium.
CASE FOR THE SECRETARY OF STATE FOR THE COLONIES.
CASE
for His Majesty's Attorney-General.
THE TREASURY SOLICITOR,
Storey's Gate,
The submission by the Secretary of State for the Colonies in support of the view that actual robbery is an essential element in the crime of piracy jure gentium.
1. By an Order in Council dated the 10th November, 1933, the following question was referred to the Judicial Committee of His Majesty's Most Honourable Privy Council for their hearing and con- sideration: "Whether actual robbery is an essential element in the crime of piracy jure gentium or whether a frustrated attempt to commit a piratical robbery is not equally piracy jure gentium.”
10 2. Piracy jure gentium, though it has been the subject of defini- tion by judicial authorities and eminent lawyers has never been the subject of definition in any statutes, although the legislature has from time to time conferred jurisdiction in respect thereof upon the Courts and has from time to time prescribed punishment therefor.
3. At the outset it is submitted necessary to distinguish between piracy jure gentium and those crimes made piracy by statute and which may be conveniently described as municipal piracy.
In giving Judgment in the case of Re Tienan (1864) 5 B. & S. 645 Ld. Blackburn (at p. 687) said :-
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"But it appears clear enough, both from the American authorities and our own, that there are offences called piracy
by the law of those respective countries which are not piracy by the laws of nations."
To the same effect is the following passage from Oppenheim's
International Law 4th Edn. p. 506 :--
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Piracy according to the Law of Nations... must not be confused with the conception of piracy according to the
St. James's Park,
S.W.1.
Printed by HIS MAJESTY'S STATIONERY OFFICE PRESA, Pocock Street, 8.E.1.
59
RECORD.
Case for the Secretary of State for the Colonies.
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