WHAT IS A PIRATE ?

Greymouth Evening Star, 30 August 1934, Page 2

WHAT IS A PIRATE ?

PRIVY COUNCIL TO DECIDE “What is piracy?" was the question put to a Judicial Committee of the Privy Council recently. As a sequel to the trial of thirteen persons in Hong Kong for piracy the Judicial Committee were asked to decide whether actual robbery is an essential element in the crime of piracy under the Law of Nations, or whether a frustrated attempt to commit a piratical robbery is not equally piracy by the Law of Nations, says the “Daily Telegraph.” The Attorney-General, Sir Thomas Inskip, K.C., appeared to support the view that actual robbery is not an essential element. Sir Leslie Scott, K.C., for the Secretary of State for the Colonies, attended to argue that actual robbery is an essential element. The Attorney-General said one Chung Tam Kwong and twelve other persons were tried at the criminal sessions at Hong Kong in February, 1931, before Acting Chief Justice Wood and a jury upon an indictment for piracy. The charge was that, “on the high seas, and with force of arms, they attacked and set upon a cargo junk and its master, Chung Ma Yat, and put him in bodily fear, with intent piratically and feloniously to take away the tackle and cargo and steal the same.” All were found guilty, but the Acting Chief Justice reserved for consideration of the full court of Hong Kong the question whether persons might be convicted of piracy if no robbery had occurred.

That Court held that robbery was necessary to support a conviction of piracy. EFFECT IN HONG KONG Lord Tomlin asked whether, if their Lordships decided in favour of what the Attorney-General was advocating, their decision, would be binding on the Courts of Hong Kong. The Attorney-General said the decision would not be binding judicially in Hong Kong, but it was believed that the Courts in Hong Kong would pay such respect to a decision of his Majesty’s Judicial Committee of the Privy Council that they would follow it. Lord Wright asked what the effect would be on the accused who had been set free. The Attorney-General said their Lordships’ decision would have no effect on them. Lord Wright: They may now be engaged in another piratical adventure? The Attorney-General said if that were so those responsible for law and order in Hong Kong would hope it was accompanied by a slight robbery' which would make them amenable to the law. The accused were subjects of China. They chased the junk for half an hour, and fired shots at it. Meanwhile two merchant ships—s.s. Hang Sang and s.s. Shui Chowapproached and gave information. As a result the accused were taken by the commander of H.M.S. Somme to Hong Kong. The essential element in the crime of piracy, added the Attorney-General, was that the acts were done without the authority of a sovereign State or a politically organised society, and were I done for private ends. Robbery or depredations, he submitted, were not necessary ingredients of the offence. Any unauthorised act of violence committed by private vessels on the high seas against another vessel with intent to plunder constituted piracy.