Lord Atkin:-

This is an appeal from the Full Court of Hongkong dismissing an appeal by the appellant from his conviction and sentence at a trial in the Supreme Court of Hongkong before the Chief Justice, MacGregor C. J., and a jury. The appellant was convicted of the murder of Douglas Lorne Campbell and was sentenced to death. The murder was committed on board the Chinese Maritime Customs cruiser "Cheung Keng"while that vessel was in Hongkong territorial waters. Both the murdered man and the appellant were in the service of the Chinese Government as members of the officers and crew of the cruiser. The former was captain: the appellant was cabin boy. Both were British nationals. At the trial, the point was taken that as the murder took place on an armed public vessel of the foreign Government, the British Court had no jurisdiction in the matter. The contention was overruled by the Chief Justice at the trial, and on appeal his decision was upheld by the Full Court over which he presided.

In order to elucidate the legal position it will be necessary to make a short statement of the material facts. On 11th January 1937 the accused shot and killed the captain. He then went up the ladder t