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