JUDGMENT

Smith J:

This is an appeal by the Public Prosecutor against the discharge of the respondent. The respondent was charged with the following offence: -

That you on 25 May 1958 at about 12.45 p.m. did maintain and use a fishing stake to wit a Blat Pok in tidal waters off Bagan Nakhoda Omar without a license from the Officer-in-Charge contrary to r. 2(i) of the Fisheries Rules, 1938, and punishable under s. 11 of Fisheries Enactment No. 20 of 1937.

The facts are that a Deputy Fisheries Officer was making a survey of fishing stakes at sea off Bagan Nakhoda and Sungei Pulai. He found an unlicensed fishing stake in the sea more than three miles from the nearest low water mark. From the map it appears the offence was not committed within an arm of the sea.

The respondent pleaded guilty to the charge but the learned Magistrate refused to convict on the ground that he had no jurisdiction. In his grounds he states:

As far as the Court is aware the territory of the State of Selangor off the coast is that part of the sea adjacent to the coast thereof which by international law constitutes the territorial waters of the State and that is the three miles limit. The Court cannot trace