M.03479/34
Sir,
CONDENTIAL.
152
7th March,
5
I am commanded by My Lords Commissioners of the
Admiralty to acquaint you, for the information of the
Secretary of State for Foreign Affairs, that the Commander-in- Chief, China, has called attention to the following provision
which at present exists in the Station Order Book issued to
H.M.Ships ɗ the China Station, dealing with pirates captured
inside Chinese waters; vizt:- "Pirate vessels and crews
"captured on inland waterways or within three miles of
"the coast of China, by H.M. Ships, either when acting
"independently or in co-operation with Chinese
"Government vessels, are to be given up to the Chinese
"authorities with the stipulation that the persons on
"board them are to receive a fair trial and are not to
"be subjected to torture nor to any punishment repugnant
"to the usages of civilised nɛ ti ons. The capture of
"vessels within the three mile limit should only be
"effected if the ves el is committing an act of piracy,
"or under grave suspicion of the same".
2.
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The Commander-in-Chief states that it has now be、n
brought to his notice that a decision of the Supreme Court of
Hong Kong in 1926 (Rex ▼ Lai Yi Sze, etc.
Hong Kong Law
heports, Volume XXI, page 1) shows that a British Court has
jurisdiction to deal with piracy, even when it is committed
in Chinese territorial waters. He assumes that, if this ruling
is accepted, it will be necessary to amend the instructions
in the Station Order Book so as to direct that all alleged
pirates captured by H.M. Service are to be brought before a
British Court for trial, regardless of whether the piracy was
committed in Chinese territorial waters or not.
The Under Secretary of State,
Foreign Office,
S.V.1.
3...
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