Section 20

by substituting for subsection (1) the following subsection:

“(1)  Any person who—

uses or attempts to use any explosive, poison or pollutant, or part thereof, or any substance suspected to be capable of being used as explosive, poison or pollutant, or any apparatus utilizing an electric current or part thereof, or any prohibited gear or part thereof, for the purpose of killing, stunning, disabling or catching fish, or in any other way rendering such fish to be more easily caught;

carries or has in his possession or under his control any explosive, poison or pollutant, or part thereof, or any substance suspected to be capable of being used as explosive, poison or pollutant, or any apparatus utilizing an electric current or part thereof, or any prohibited gear or part thereof, for the purpose of using the explosive, poison or pollutant, substance or apparatus, or prohibited gear, or part thereof, for any of the purposes referred to in paragraph (a);

or

carries, receives or has in his possession or under his control any fish caught using explosive, poison or pollutant, or part thereof, or any substance suspected to be capable of being used as explosive, poison or pollutant, or any apparatus utilizing an electric current or part thereof, or any prohibited gear or part thereof, shall be guilty of an offence and liable to a fine not exceeding two hundred and fifty thousand ringgit or a term of imprisonment not exceeding five years or both.”;

Fisheries (Amendment)

in subsection (2), by inserting after the words

“apparatus or gear” the words “, or part thereof”; and

by inserting after subsection (2) the following subsections:

“(3)  Where packages or receptacles containing fish specified in paragraph (1)(c) have been seized, it shall be sufficient to open and examine one per centum or not less than five samples of each description of the package or receptacle in which such fish is contained.

If it is necessary to test any fish specified under paragraph (1)(c) which has been seized, it shall be sufficient to test only a sample not exceeding five per centum in volume or weight of the fish examined under subsection (1).

The court shall presume that the fish contained in the unopened packages or receptacles are of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.”.

Amendment of section 27