The states are trying to put together common legislation to smash criminal motorcycle gangs. It is proposed that being a member of such a gang be an offence punishable by imprisonment, and that gang members be prohibited from serving as an executive of any legal business to prevent them using that front for money laundering.
This sounds similar to the American RICO laws, but those with concern that our civil liberties may become casualties of too much vigor are right to be alarmed.
It all depends on how those laws are worded - and who interprets those words !
Fortunately, all our laws are subject to judicial interpretation. Whatever laws are passed by parliament are sure to be challenged in the courts - and that challenge may go all the way to the High court if a significant issue is involved.
The problem is the use such laws can be put to !
What constitutes a " gang " ? Is it two or more people ? The union movement might ponder how it could be interpreted. What is the definition between a " gang ", a " club " and a " union " ?
Does it mean any person convicted - or just accused - of a crime could become ineligible to serve as an executive in a family company ?
With ill will, could draconian laws intended to thwart an evil in our midst be used by a later government to persecute political enemies ?
We certainly have a crime problem with criminal motorcycle gangs, but in trying to bring the law into focus could we create a new monster that would reduce civil law protection ?
By all means strengthen the law - but do so with caution and with the full scrutiny of how these amendments will be used by the law enforcement agencies.
It is a case of the old adage - " Be careful what you wish for ! "
No comments:
Post a Comment