1927-11-24 — Page 4

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‘IRENE” PIRATES SENTENCED TO DEATH.

SIX MEN ACCEPT THE VERDICT CALMLY. "THE SEVENTH PROTESTS HIS INNOCENCE AND DEMANDS

THE REASON WHY HE SHOULD BE HANGED.

ARGUMENT REGARDING

JURISDICTION.

COURT'S

The trial of the seven Chinese, who took part in the piracy of the s.s. Irene on October 19th, was concluded at the Criminal Sessions yesterday. The jury retired for about twenty minutes and then returned a verdict of "guilty" against all the prisoners. When the verdict was announced the Chief Justice, Sir Henry Gollan, donned the black cap and pronounced sentence of death. Six of the prisoners accepted their fate calmly. They showed no sign of emotion and continued to talk in under-tones auiong themselves. The seventh man, however, shouted that he had not robbed anyone and demanded to know the reason why he should be hanged.

༣,

Yesterday's hearing was occupied chiefly with argument Mr. C. Alabaster, E.C., regarding the Court's jurisdiction. who defended, the prisoners, contended that the case, covering the two indictments, should not be tried here and cited many authorities in support of his him, but he was over ruled. In " his summing up the Chief Justice compared piracies of the old days with those perpetrated now. The privateers years ago sailed the high seas and attacked vessels in the open. Now pirates boarded the ships as passengers and consequently the work of piracy was simplified. During his thirty years administration of the law, he said, he had never met with a case similar to this oné.

JURISDICTION.

BRITISH WARSHIP SUNK 70 YEARS AGO.

DISCOVERED AT MOUTH OF HAIHO RIVER.

ADMIRALTY" INTERESTED.

WORLD SHIPPING.

BRITISH SUPREMACY,

A HIGH AGGREGATE:

According to the annual report" ol Lloyd's Register of Shipping, plans Sunk outside the forts at Taku passed by the Committee during during the brief hostilities of 1859, the year 1926-27 represented 400 new- the wreck of a British warship, vessels of 1,831,920 tons, of which stated to be a frigate, has been the projected tonnage to be built found in the mud at the mouth of in Great Britain and Ireland form- the Haiho river, according to reed 1,910,800 tons, or CB.1 per cent.

ports from Tientsin.

The vessel is of the old wooden walls of England" type and built of teak she is said to be in excel-

lent condition, having suffered little from her immersion of near ly 70 years in the river caud where she sank under gunfire from the Chinese forts on the river bank. Tientsin reports describe her as frigate, one of the British vessels built in India of teak and about 200 feet long. The copper casing on the vessel's hull is stated to be intact,

The tonnage ordered and now under construction is greater than at any time since 1920, and form a welcome contrast to the actual

output of the coal strike" year, when new vessels classed numbered only 323, aggregating less than 1,000,000 tons. Even under the handicap of the coal dispute Great Britain's shipbuilders held their own during the year under review, and were responsible for more than half the total output of new tan-

page.

The country"B" maritime pre- eminence is still more effectively proved by the total of merchant vessels holding the classification of Lloyd's Register afloat at the end of

Soundings are being taken to determine the exact position of the wreck as, it is reported, the British Admiralty intends to send down divers to examine her with the pos- sible intention of raising the wreck and inspecting the hull. Although last June. The aggregate of ship. the hull of the vessel is supposed to "ping which, at that iite, was so the teakwood is absolutely black.

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making a certain form of piracy be in remarkably good condition, registered, amounted to 29,538,629 S. Moutrie & Co., Ltd.

punishable with death, but ordi- nary piracy was not so punishable. When the case opened yesterday Counsel contended that if a pri- morning, Mr. C. G. Alabaster ensorer was in the Colony's jurisdie tered into an argument regarding tion, at the time of the offence, be the Court's jurisdiction to try the could be tried on the more serious prisoners on the first count of the indictment. But here the Crown indictment. He admitted that the had included the two offences in the Court had jurisdiction over the same indictment. While admitting respect to the second that the Court had jurisdiction on prisoners in' count. The first count, said Mr. the one count, he submitted that Alabaster, is a statutory" offence the other count, being a special which is piracy by municipa! law statutory offence, did not come and the penalty is death where the within the Court's "jurisdiction. piracy is accompanied by certain acts chdangering life. The second count is piracy "juri gentium (by the law of nations). On the au- thorities Telte,-piracy juri gentium is justiciable anywhere and the penalty is three years' hard labour. His Lordship: For piracy juri pentium, three years"hard labour

"Mr. Alabaster: Yes. Originally, the punishment was death but it was then reduced to transportation for "not less than fifteen years or

I

INTERESTING BUT —. His Lordship intimated that the Court had jurisdiction to try the prisoners for piracy with violence. He bad, he said, listened to the arguments with interest but be never had any doubt on the point.

Mr. Fitzroy in making his address to the jury emphasised that the evidence clearly showed that the prisoners had acted in collusion with one another.

three years hard labour, and. Mr. Alabaster said he would not transportation not being applicable call any witnesses and would not to this Colony, we are left with put the prisoners in the witness three years' hard labour as the hex, but he would claim the right to make the final address to the penalty.

jury.

to

Counsel submitted that this referred

previous

Act. Stephen's Digest" referred to the Act of 1895, whereas the authority

he cited referred to a later Act His Lordship: I see the point. Counsel then continued that it was also clear, as he submitted, that piracy juri gentium was dis tinctly different offence from these offences which had been created by were called piracy in statute.

Counsel then referred to Kwok Ah Sing's case which was a charge against a Chinese of piracy with violence on a French steamer.

AFTERNOON SESSION.

A perusal of accounts of the tons, the highest figure yet record- naval engagement at Taku forts in ed; and that were also then under 1859 indicate that the vessel is not.

a frigate but one of the smaller construction throughout the world

Ad British gunboats sunk in the at- to the Society's classification 109 other vessels which brought the tempt to force the channel. miral Sir James Hope, the British commander, had charge of a feet total tonnage of nearly 10,000 ships consisting of one ship of the line, to over 31,500,000.- two frigates and 13 gunboats, only the gunboats being able to enter the mouth of the river. Much op position was experienced, the river being carefully blocked with boom, a

EMPIRE TONNAGE.

As the

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JAPANESE PORTIAS.

following comparison row of iron spikes and shows, "Great Britain owned, of stakes, and rafts tied together,tonnage afloat, almost as much as leaving only one narrow channel the other countries of the world: commanded by the guns of the

the ships of the forts. In attempting to force the together; it channel on June 24th, 1838, three of Dominions may also be regarded BILL WHICH MAKES WOMEN

the advantage was "British" the gunboats were sunk.-Shanghai as

ELIGIBLE FOR THE BAR Times,

definitely in our favour:

Gross The Japanese papers report that Ships. Tons. the Government has decided to Britain and Ireland -4,900 13,742,638 introduce in the next session of the British Dominions 521 1,314.238 Diet a Bill providing for the Other countries... 4,123 14.471.732 revision of the Barristers" Law, one prominent feature of which is that 9.544 29,328.629 women are made eligible for the

409 2,010,807 Bar.

This report does not accord with 9,953 31,545,896 the statement attributed to the

CHINESE CHARTERED

ACCOUNTANTS.

NATIONALIST GOVERNMENT'S

APPOINTMENTS.

countants,

Under construction

Total

.

The Chinese Eronomic Bulletin Among the many matters of in Minister of Justice that the Bill. of November 5th contains the folterest disclosed by the report none will probably be laid before the lowing interesting reference to the is more significant of shipping's Diet the year after next. Accord appointment of Chinese public ac-modern trend than the extent to ing to the vernacular papers, the which oil fuel is ousting coal. This committee appointed to consider Chinese chartered public accoun- tendency is strikingly illustrated by the revision of the Barristers Law tants first made their appearance the following table, which sets out has already finished its labours, in 1918, when the Ministry of the amount of new tonnage con- and its recommendations have been. Agriculture and Commerce in

After careful study of submitted to the Department of Justice.

for the

were

As late as

the

the conclusions of the committee by the authorities of the Department of Justice, a Bill will be drawn up in detail for introduction in the next session of the Diet.

Counsel then gave his authorities.

Peking began to issue certicates stricted under survey in each of His Lordship: The point is

allowing them to practise their pro- the years indicated, and the amount fession. At first the requirements propelled respectively by

Coal.-

Oil. this. In "Stephen's Digest" it is

were very strict, and there was lit medium of oil and coal: At the afternoon session, Mr. tle demand for them; hence the stated that piracy by the law of

Gross Per Gross Per Tone. cent. Tons. cent.

As the "measure does not entail nations is able to the same punish Alabaster, in his address, reminded very small number of those receiv

ing the certificates. ment as for statutory, piracy. the jury that the lives of seven 1991, only 11 certificates had been 1918-19 2,491,213 68.2 1,269,593 33.8

the Bill will be enforced im- en rested on their verdict, and issued. Five mots were issued in 1919-20 111,989 50.4 2.075,393 49.8. any expenditure on the treasury 639,879 48.8 mediately after its approval by the 671,405 51:2 that they must remove from their the next two years, but then the 1020-91 1,260,463 39 1,968,723 61

considerably 1924-93.

418,503 31.6.

206,233 68.4 Legislature-Japan Chronicle. mind all sense of grievance which requirements that night hure entertained, with modified, allowing all university 1923.

297,948 30.8 669,114 69.2 regard to other piracies. Continu- graduates who had had special 1936-97

It should be remembered that the that the training in accountancy to apply

A FLIGHT TO LONDON, ing, he pointed out evidence of the Captain was to the for certificates from the Ministry, above Egures refer only to new son- effect that the pirates did not fire As a result, some 330 certificates struction in each of the years men-

They have been issued by this time, and tioned. The vast majority of ships YOUNG JAPANESE AIRMAN at anyone in particular.

TO CROSS RUSSIA. the number of accountants practis already afloat are still coal-driven, were fring in the air, and it was

actual percentages to-day, important to remember this in ing their profession is also increas the

With the support of the Harumi statute so akin to piracy that they determining whether violence was ing daily. There are now over 30 being: Coal & per cent., oil 26 shown. It was also a very signi- Chinese C.P.A.'s in Shanghai, but per cent. How this proportion is ficant fact that the witnesses were only four of them devote their altering is suggested by the fact Shoten, Osaka, Mr. Okura Seixo, to the Ito Flying Machine Works, all Northerners and that the pri- whole time to their practice. The that more than half last year's new a young civilian flyer, now attached soners were Southerners. Further, Nationalis Government at Nan-tonnage is equipped for oil.

to Peking, and then to Moscow the seventh prisoner was not iden- king has also promulgated regula-

The tonnage driven by oil is is contemplating flying from Japan oi certification In this case, Counsel said, it was tified by any of the officers at the tions

divisible into two classes-ships and England across the Gobi desert held by the Privy Council that the identification parades, although C.P.A's requiring (1) graduation having oil fuel installations for the and Baikal plain either in May or prisoner could not be extradited to they picked him out in Court.

from a college with 20 credit hours burning of oil in the farmaces, and June, Dext year. in accountancy, (2) seven years' ex- Chinn, even assuming that China

45 assistant to perience had municipal law dealing with THE SUMMING UP. ·

chartered accountant," or (3) pass-

Osaka for piracy. The only municipal law applying to him was the mun:

Butt

In bis summing-up, the Chief ing a public examination on ac- tons gross came into, operation Kuniza, Director of the Harumi cipal law of France.

Justice said that in his thirty countancy to be especially given on during the year, and although it Shoten, is leaving also held that offener had been committed on fears administration of the law, application. To show its reliance does not follow that steamers fitted Europe in order to make prepara- Preceding this fight Mr. Okura, the airman, is also to the high seas, it was triable any- he had never ine with a case of upon modern accountancy, the Na for oil burning in fact never use tory arrangements for the fight in similar nature. Referning to the tionalist Covernment recently ap coal, the following table of tonnage Moscow, Berlin, Paris, and Lon

the newer fuel's progress:

visit America next spring. Japan where and should have been tried point raised by the defence that the polated one of the Chinese C.P.A's zo ́equipped will give some idea of

Gross tons.

Chronicle. as juri gratiam in Hong Kong.

Court had no jurisdiction on the in Shanghai to audit the accounts Turning to the question

first count, His Lordship aid he of the 2 per cent. customs surplus.

July, 1914 1,330,209 jurisdiction, Counsel said that the had no doubt that the prisoners

5,336,678 Ordnance on which the Crown. rel

.... 17.004192

In yet another direction is the lied was the Colonial Courts of were within the jurisdiction of the

18.481.730 were fired and a Chinese boy was

great increase in the use of oil fuel Admiralty Act. It stated that if Court. He had known of a case

similar circumstances where the ac-bit. If the jury were satished that Any person within any Colony cused was tried and convicted.

Tonnage of the world's motor reflected; since 1914 the tonnage there had been LD arrangement should be charged with the com

Dealing with the essential mission of any crime, including features of the piracy, his Lordship among the seven prisonern, and ships registered by the Society is piracy, they could be brought to trial in any Colony, and in such said that the jury had to satisfy that they proceeded to carry out to-day nearly six times as great 1

responsible. In conclusion, His 1014 is indicated below: cases all Magistrates and other themselves whether or not persons the offene, they were, jointly it was in 1918. Its growth since officers of the law could exercise on board the ship were put in leat. Lordship' briefly referred to the All eircumstances pointed to the the same jurisdiction as they would fact that the passengers, were in Point Trised by Mr. Alabaster that the witnesses were Northerners and otherwise...

the prisoners were all Kwangtung Continuing, Mr. Alabaster said fear. As regarded larceny it was that the Crown might contend that quite clear that the ship was under men. His Lordship remarked that the words "any persons" was not the control of the pirates and that the pirates took the ship to Bias

certain articles Coming to

WILS

91

the

of

could only mon any person "sub.Passengers and offer

12

some

the centre of pirates in the South.

THE VERDICT."

The jury retired for about twenty

motor ships. Of the first class forty-two new vessels of £73,000

In this connection Mr.

'1819

1925

1927

1314

1919

1925

1927

Motor ships. Tonnage.

297 234.287 912 752,600 2,145 2,714.073 *2.572 4,270,894

• More than "two-thirds" of this number are under 1,000 tons each. and 241 are over 6,000 tons, includ ing 88 that are each of 8,000 tons The new double-acting Diese!

or more..

doa.

Mio

of tankers for the carriage of oil

and heat year 17.7 per cent. of the in bulk has advanced from less

total tonnage classed was repre- than 1,500,000 to nearly 6,000,000,

sented by this type of vessel, The following table includes all oil- carrying ships on Lloyd's Register for the years mentioned:

1914

1910

-1925 1937

Gross tons

1,478,088

2,929,113

3,384,290

5,915,677

of the question ject to our municipal law," or, in violence, the Chief Justice inform other words, any British subjected the jury that they had to con-

At the present time there are 103 Any person on board & British ship sider whether violence had been or any person found within British territory. It could not refer to a committed immediately before ez-minutes, and when they re-assem- engine has been fitted in two motor steel manufacturing firms in Great ing the ship, or at the time, or im- bed, the foreman announced that ships, each of over 9,000 tons, and Britain and 418 in other countries their twenty-nine other sets of the same which are recognised by the com- foreigner on a foreign ship.

Referring to the question of mediately after the attack. The violence, Mr. Alabaster said that evidence of the officers and steward they were

In passing sentence, his Lordship 175,200 i.hp., are being construct for use in vessels and machinery piracy could be accomplished with pointed, to the fact that violence opinion that prisoners were guilty type of engine, approximating mittes for the production of steel tion. Before the war the numbers violence and without violence. was committed at the time. when

clear and that the jury could not Lloyd's Register.

(Continued on next Column.) :. were British, 65; foreign, 217, Parliament has said that, they the saloon was rashed, when shots said that the evidence was very ed under the superintendence of intended for the society's classifica

(Continued on nest, Column.) have come to any other ccmėlusión, would create a statutory offence,

unanimous in