CITIZENS’ RIGHTS

Press, Volume XCVII, Issue 28701, 26 September 1958, Page 7

CITIZENS’ RIGHTS

Clause In Bill Criticised ‘‘A move towards a police state” is the description applied to a clause dealing with the obstruction of footpaths by pedestrians and bystanders in the Statutes Amendment Bill, now before Parliament, by the Canterbury Council For Civil Liberties.

The clause provides that “any person who without lawful authority or reasonable excuse, the proof of which shall be on the defendant, obstructs any footpath or footway or carriageway” commits an offence for which he is liable to a fine of £lO.

“The clause assumes that every person who obstructs a footpath does so without lawful authority or excuse,” says a statement by the council.

“When the onus of proof is shifted by legislation there is a danger signal for liberty—and when it is done in connexion with such an elementary liberty as standing on the footpath it is indeed time for the public to beware.

“What is worse is the second paragraph of the clause, which provides that any person who, within the view of a constable ‘commits an offence against’ the' provision just mentioned and after being warned by the constable persists in committing it, can be arrested without warrant.” the statement says. ‘“Hiis power may be used against bodgies and teddy boys today—but against whom tomorrow?

“Under the proposed law the police, acting for the Government of the day, are empowered to bundle whomsoever they choose into police vans and take them to gaol to await the next sitting of the Court—not all obstructers of footpaths, reasonable or otherwise, but just those selected because of their dress, their manner, their past conduct, their political views, or their assumed purpose in being on the street,” says the statement.

“If you are standing still on the footpath you are probably obstructing it. In this way, all those considered undesirable can be kept on the run. Every group engaged in conversation can be broken up. If the £lO-fine does not prove enough we will soon have three months’ imprisonment on summary trial to replace it. “The Canterbury Council for Civil Liberties implores Parliament and the people of this country to reject altogether this move towards a police state. “It would be an absolute tragedy if in the rush of wash-ing-up bills, before Parliament adjourns, precious civil liberties affecting every New Zealand citizen should be threatened the statement concludes. *