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Swanston's Reports. Taunt.
Taunton's Reports. Tayl. ......
Taylor's Evidence. T. R. ......
.... Vesey Junior's Reports. Ves. Sen. ........ Vesey Senior's Reports. Williams, R. P. .. Williams' Treatise on Real Property. W. R. C. C. ...... Sutherlands' Weekly Reporter. Calcutta. Rulings
in Criminal Cases. W. R. C. L. ......
" W. R. Civ. ......
Civil Rulings. Y. & J. ......... Younge and Jervis' Reports.
At page 6, line 40, after re Ternan. 33 LJ. MC. 201, 215, add
Attorney-General for Hong Kong v. Kwok-A-Sing, LR. 5 PC, 179.
At p. 13, 1. 10, add
In the case of Attorney-General for Hong Kong v. Kwok-A-Sing, the prisoner was one of a number of Chinese Coolies who, while on a voyage from China to Peru in a French emigrant ship, killed the captain and several of the crew and took the ship back to China. The Chief Justice of Hong Kong released the prisoner on habeas corpus on the ground, inter alia, that the ship was a slave ship, and that the Coolies were justified in killing the captain and crew for the purpose of obtaining their liberty. This finding was reversed on appeal by the Judicial Committee. Their Lordships said
“There was evidence from which it might be inferred that some of the Coolies had, by fraud or by threats on the part of other Chinese, been induced to go to the barracoon and embark on board the ship against their will. They appear, however, all to have professed to the Portuguese authorities at Macao that they were willing emigrants; and there was, in their Lordsliip's opinion, no sufficient evidence upon the depositions that either the Portuguese authorities at Macao, or the French captain or crew, were any parties to compelling any of the Coolies to leave China against their will."
The Committee were accordingly of opinion that the offences committed by the prisoner, assuming the evidence to be true, were those of murder under the French municipal law, and piracy jure gentium. (5 LR. PC. 180, 199.)
At p. 13, 1. 22, after ibid., add
And so in the case of Kwok-A-Sing, the Judicial Committee cited with approval the language of Sir Charles Hedges, who says, “ Piracy is only a sea term for robbery, piracy being a robbery within the jurisdiction of the Admiralty." (5 LR. PC. 199.)
At p. 46, after 1. 23, add
The distinction between Acts of State and acts done by the State, as affecting the question of municipal jurisdiction, was very clearly shown in two cases lately decided by the Privy Council, in one of which the jurisdiction was maintained, while in the other it was denied.