Death penalty for drugs defeated [1]
Thursday, September 30, 2004 - 18:34. Updated on Thursday, May 1, 2014 - 21:12.
An attempt by the Tongan Government to introduce the death penalty for possession of all illicit drugs was defeated in the Tongan Legislature on Monday.
From the House, Minute No. 50, Monday September 27, 2004:
Speaker - called on the Minister of Agriculture and the Minister of Education to come forth for the taking of the oath of three acting Ministers, Acting Minister for Foreign Affairs (Fekita 'Utoikamanu), Acting Minister of Defence (Tau'aika 'Uta'atu), and an Acting Minister of Finance (Meleseini Faletau Lomu ).
Speaker - welcomed back the Chairman of the Whole House Committee.
He called on the clerk to read Private Members Bills that have been tabled into the House.
Clerk - there was a Bill to amend the Land Act by Prince Tu'ipelehake, a Bill on security companies by 'Etuate Lavulavu, and also a Bill on Internet by 'Etuate Lavulavu. The clerk also read a petition signed by 244 people including eight People's Representatives. Trevor Guttenbeil did not sign the petition.
The petition was for government to carry out a Referendum for the people of Tonga to elect all the members of parliament, then for the King to appoint his ministers from these elected members of parliament.
If the House was to approve the petition then government should organise for the referendum to be conducted before the parliamentary election next year.
Prince Tu'ipelehake - wanted to make a comment on the petition.
Governor of Ha'apai - reminded the Speaker that according to the Rules and Regulations of the House, the House can't debate on the Petition until it is accepted by the House.
Prince Tu'ipelehake - said he was not going to comment on the Petition he was wanted to suggest for a Select Committee to be elected and for them to study the petition and make recommendations to the House.
Acting Prime Minister - reminded the House that 244 signatures is less then .1% of the population of Tonga.
Speaker - said that the public can only make petitions to the King or to the House, and it did not matter whether there were two or three signatures. He said for the petition to be given to a Select Committee and the members of the select committee were to be 'Isileli Pulu, 'Etuate Lavulavu, 'Uliti Uata, the Deputy Prime Minister, the Minister of Health and the Minister of Land. He also called on Noble Tu'i'afitu, Prince Tu'ipelehake and Noble Nuku to be members of the Select Committee.
'Akilisi Pohiva - moved for the three tables to elect their own representatives to the Select Committee.
Speaker - said there was nothing political about his selection of members of the Select Committee. He dissolved the legislature into Whole House Committee and the Chairman took his Chair.
Chairman - called for debate to proceed on the Bill to amend the Illicit Drug Act.
Acting Prime Minister and the Minister of Police (Hon. Cecil Cocker) - stressed the need to raise the penalty for the possession of illicit drugs from 30 years to death.
Sunia Fili - expressed his objection to the Bill. He said it was unwarranted to pass death sentences for the possession of illicit drugs. He pointed out that the other two crimes with death penalties were murder and treason.
Peauafi Haukinima - expressed his objection to the amendment. He questioned who were they to pass a law to put some one to death?
'Ulliti Uata - he said that government was just tabling another nonsense bill into the House with no good reason for why they wanted to make the amendment. He reminded the House that they had just raise the penalty to 30 years last year. He said that the new Minister of Police wanted to hang someone that was why he introduced the amendment.
Noble Vaha'I - said that the amendment was unchristian like, and there was no classification on the kind of illicit drug that would warrant a death penalty. He then named some illicit drugs, marijuana, cocaine, ice, picks, etc.
Chairman - wanted to know how did the noble get to know all the different names of these drugs.
Noble Vaha'i - he said he had tried them all, but only marijuana was in Tonga. He said that the good Lord who has all the power in the world never punished anyone to death. When Eve and Adam sinned in Eden he did not kill them, he just banished them from the Garden.
'Akilisi Pohiva - said that Eve and Adam did not smoke marijuana, they ate fig fruit.
Noble Vaha'i - said who knows?
Noble Tu'i'afitu - moved for the Bill to be returned to government. (the motion was not voted on).
Chairman - called for votes on the Bill and the Bill was rejected. 10-7. For it were:
Acting Minister for Foreign Affairs, Fekita 'Utoikamanu,
Minister of Agriculture, Hon. Tuita,
Deputy Prime Minister, James Cecil Cocker,
Minister of Health, Dr Viliami Tangi,
Minister of Education, Paula S. Bloomfield,
Governor of Ha'apai, Hon. Malupo,
and the Governor of Vava'u. Hon. 'Akau'ola
He called for the House to debate on the annual report of the Public Relations Commission. The report was passed 18-0.