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Chia He Jia and Huang Ming Xian v Gisa Komagin

Country/Territory
Papua New Guinea
Type of court
Others
Date
Mar 30, 1998
Source
UNEP, InforMEA
Court name
National Court of Justice
Judge
Jalina
Reference number
[1998] PGNC 20
Language
English
Subject
Fisheries, Agricultural & rural development
Keyword
Offences/penalties Enforcement/compliance
Abstract
In this case the appellant argued that the conviction for illegal fishing had been based on circumstantial evidence. However the court held that under the s. 70 of the Fisheries Act any fish found on board any boat which has been used in the commission of a fisheries offence is presumed to have been caught in the commission of that offence. The onus is on the accused to prove otherwise. The reversed onus has been preserved in the current legislation in s.71
Full text
COU-159634.pdf