1053 (7) In this Decree— “evidential burden”, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. Legal burden of proof—defence 60. A burden of proof that a law imposes on the defendant is a legal burden if and only if the law expressly— (a) specifies that the burden of proof in relation to the matter in question is a legal burden; or (b) requires the defendant to prove the matter; or (c) creates a presumption that the matter exists unless the contrary is proved. Standard of proof—defence 61. A legal burden of proof on the defendant must be discharged on the balance of probabilities. Use of averments 62. A law that allows the prosecution to make an averment is taken not to allow the prosecution— (a) (b) to aver any fault element of an offence; or to make an averment in prosecuting for an offence that is directly punishable by imprisonment. CHAPTER III — CRIMINAL OFFENCES PART 10 — TREASON AND OTHER OFFENCES AGAINST GOVERNMENT AUTHORITY 63. In this Part— Definitions “organisation” means— (a) a body corporate; or (b) an unincorporated body; whether or not the body is based outside Fiji, consists of persons who are not Fijian citizens, or is part of a larger organisation. Treason 64.—(1) A person commits the indictable offence of treason, if at the time of the offence being a Fijian citizen or resident, the person— (a) causes the death of the President or the Prime Minister; or (b) causes harm to the President or the Prime Minister resulting in the death of the President or the Prime Minister; or (c) causes harm to the President or the Prime Minister, or imprisons or restrains the President or the Prime Minister; or (d) levies war, or does any act preparatory to levying war, against Fiji; or (e) engages in conduct that materially assists, with intent to assist, an enemy at war with Fiji, (whether or not the existence of a state of war has been declared); (f) engages in conduct that materially assists, with intent to assist— (i) another country; or (ii) an organisation; that is engaged in armed hostilities against the Fiji Military Forces or (g) (h) instigates a person who is not a citizen of Fiji to make an armed invasion of Fiji or any part of Fiji; or forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act. Penalty — Imprisonment for life.