HYNDMAN JONES CJ, THORNTON & SEROCOMBE-SMITH JJ

The prisoners were charged before the Chief Justice and a special jury at the Singapore assizes in July 1909 on a charge of piracy.

[After reference to the charge and an amendment allowed at the conclusion of the case for the Crown the judgment continued:-]

The jury found Lo Pa Tit and Kit Cheow not guilty, and these prisoners were discharged. Chia Kuek Chin, Sia Heng, and La Kai Seng were found guilty, and the Chief Justice, considering himself bound by the decision of the Court of Appeal in the case of Regina v. Nya Abu and Others 4 Kyshe 169, viz:- that "piracy "jure gentium is still punishable by death in this colony," sentenced the prisoners to death; but, under the provisions of the Criminal Procedure Code 1900 s. 311, and on the request of their counsel, Mr. Knowles, certain points were reserved for the consideration of the full Court. These points are as follows:-

[The Court read the points consisting of those set out above and certain others not material to this report.]

On the 30th and 31st July 1909 the points were argued before the full Court, consisting of the Chief Justice, Mr. Justice Thronton, and Mr. Justice Sercombe Smith. The Deputy Public Prosecutor (Mr. van Someren with him) appeared for the Crown, and Mr. Knowles appeared for the prisoners.

The case was very carefully argued on both sides, Mr. Knowles contending that the punishment could not, in any case, be more than penal servitude for life; but he also moved that the verdict and sentence should be quashed on the ground that the prisoners had been convicted under a charge which, as amended, was not known to the law of the colony. The Court refused this motion, but altered the sentence passed to one of penal servitude for life, and proceeded to pass that sentence on the prisoners.

[After dealing with certain of the points not material to this report the Court continued:-]

It is clear admiralty jurisdiction in criminal matters was conferred upon colonial courts by "The Admiralty Offences (Colonial) Act 1849" (12 & 13 Vic. cap. 96). This was laid down by the Privy Council in the case The Queen v. Mount and Morris [1875] LR 6 PC 283 and was recognised by the local Court of Appeal in Regina v. Nya Abu and Others 4 Kyshe 169. Moreover the Courts Ordinance 1907, s. 10(2) runs as follows:- "The Original Criminal Jurisdiction "of the supreme Court shall consist of:-

"The jurisdiction conferred by "The Admiralty Offences "(Colonial) Act 1849," as modified by "The Courts (Colonial) "Jurisdiction Act 1874."

Under these circumstances, it is unnecessary to do more than allude very briefly to the course of English legislation on the subject of piracy, which has been shortly as follows:-

The trial of traitors, pirates, and other offenders on the sea (which had hitherto been before the Admiral, and proceeded with under the civil law, and according to the methods and rules of the Admiralty) was by 28 Henry VIII c. 15 directed to be had before Commissioners in certain shires of England according to the course of the common law; by s. 2 of the Act it was provided that such persons as were convicted were to "suffer such pains of Death, Losses of Lands, Goods and Chattels as if they had been attained and convicted of any Treasons, Felonies, Robberies or other the said Offences done upon the Land."

Various acts were subsequently passed, some of them regulating the mode of trial, others declaring certain offences to be piracy, but until the year 1837 the punishment of death appears to have been the punishment imposed for all kinds of piracy. Then came the Statute of 7 Will. IV & I Vict. c. 88, which, after setting out that it is expedient to amend so much of 28 Henry VIII c. 15, II & 12 Will. III c. 7, 4 Geo I. c. II, 8 Geo I c. 24, 18 Geo II c. 30, as relates to the punishment of the crimes of piracy, or any offence by any of the said Acts declared to be piracy, goes on to enact that so much of the said seve