CO129-562-2 Chung Chi Cheung- appeal against death sentence 1-1-1937 - 31-12-1938 — Page 19

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sovereigns, and this common interest impelling

them to mutual intercourse, has given rise to a class

of cases, in which every sovereign is understood to

waive the exercise of a part of that complete, exclusive

territorial jurisdiction, which has been stated to be

the attribute of every nation".

That case was followed by the English Court of

Appeal in the Parlement Belge (5 P.D.197 at 208-9)

Brett L.J., in delivering the judgment of the Court

said "It is impossible within reasonable bounds to set

out the elaborate judgment of Marshall, C.J., and the

Court. The reasoning seems to be as follows:- The

ship is within the territorial jurisdiction of the

United States - prima facie the Court of the United

States has jurisdiction. But all nations have agreed

to certain limitations of their absolute territorial

jurisdiction as, for instance, they have abjured

all personal jurisdiction over a foreign sovereign

within their territory, and this on account of his

dignity, and all personal jurisdiction over foreign

ministers, and, says the judgment, this is on the

same principle; and all jurisdiction over a foreign

army passing through the territory. Is the same

immunity to be held to apply to ships of war? The

judgment answers, Yes and upon the same principle:

i.e, that to hold otherwise would be inconsistent

with the dignity - that is to say, the recognised

independence of the foreign sovereign, After dealing

with the case of private foreigners and merchant

vessels in a foreign country, the judgment continues

'But in all respects different is the situation of

a public armed ship; she constitutes a part of the

military force of her nation, acts under the immediate

and direct command of her sovereign, is employed by

him in national objects. He has many and powerful

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