CO129-547-8 Piracy- case of Rex v. Chung Tam Kwong 22-3-1934 - 14-12-1934 — Page 51

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

In the Privy Council

In the Matter of a Reference under the Judicial Committee Act, 1833 (3 and 4 Will. IV. ch. 41. sect. 4)

AND

In the Matter of Piracy jure gentium.

The question referred to the Judicial Committee of the Privy Council for their hearing and consideration is a follows:- "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.”

RECORD

10

No. 1.

ORDER OF REFERENCE.

No. 1. Order of Reference, 10th Novem-

At the Court at Buckingham Palace, the 10th day of November, 1933. ber, 1933.

Present, the King's Most Excellent Majesty in Council. Whereas it is provided by Section 4 of the Judicial Committee Act, 1833, that it shall be lawful for His Majesty to refer to the Judicial Committee of the Privy Council for hearing or for con- sideration any such matters whatsoever as His Majesty shall think fit:

And whereas there was this day read at the Board a letter from the Right Honourable Sir Philip Cunliffe-Lister, one of His Majesty's Principal Secretaries of State, stating that at the Criminal Sessions held in Hong Kong in February, 1931 twelve subjects of the Republic of China were indicted for the crime of piracy, to wit, that they on the 4th day of January, 1931, on the High Seas with force and arms assaulted and put in fear of their lives certain mariners in cargo junk No. 206. V. with intent to carry away the said junk, her

22763

A 2

69

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