On the surface, the only issues which this appeal appeared to involve was whether Regulation 3(b) of the Fisheries (Maritime) Regulations 1967 (the Regulations) created an offence of strict liability and whether in the absence of a conviction, the Court trying such an offence, could still make an order for the forfeiture of the subject matter of the offence. But beneath is another which may have far-reaching consequences. That issue is the extent to which Malaysia may exert general legislative authority within its territorial waters even if by so doing persons claiming to be exercising the so-called right of innocent passage may be adversely affected.

Narongne Sookpavit and the 22 other accused in this case are all Thai nationals. They are fishermen. On January 27, 1984 at about 4.30 p.m. they were on a vessel bearing Registration No. SC2219 (the boat) which was then at a bearing of 300° from Tanjung Ayam, Johore about 3 miles from the shore. On board were 4 trawl nets, 4 otter boards, and 2 ropes (collectively referred to hereafter as "the fishing appliances") and a very sizeable quantity of iced fish. What the nationality of the boat was and whether she carried any ship