With less than two weeks remaining for parliament to debate on the National Flag Protection Bill, the Parliamentary Standing Committee on Justice, Law and Human Rights is now analysing the public submissions.
Chairman of the committee, Ashneel Sudhakar says they are also analysing the general spirit of the proposed law and will seek clarifications from the people who drafted the bill before deciding on whether any amendments are necessary.
Sudhakar says while some submissions have been made about the penalties and the burden of proof on the defendant who breaks the law if the bill becomes the law in its current form, the committee will seek clarifications from the drafters.
He says the committee’s decision will be made public when the report is tabled in parliament.
Parliament sits on July 6th.
Meanwhile one of Australia's leading constitutional lawyers,
Professor George Williams has told Radio Australia that he hopes changes are made to the bill.
Williams also says other countries have strong laws to protect national symbols like the flag and you can find criminal penalties for burning the flag.
The National Flag Protection Bill states that the flag shall be respected by every citizen of Fiji.
It says the flag may be used or worn as part of any attire or costume at any national, sporting or entertainment event, or for everyday use.
Any person who uses the flag or associates the use of the flag with any action, speech, writing, or any other means, to demean, disrespect or insult the State, the Government or any member of Government or the general public, commits an offence.
Any person who uses the former flag for any purpose to demean the state also commits an offence.
Any person who desecrates, or performs other acts including tearing, burning or throwing, of the flag, also commits an offence.
Any person who displays, destroys, damages or burns the flag with the intent to incite violence or any breach of peace; or under circumstances in which that person knows it is reasonably likely to produce violence or a breach of peace, also commits an offence.
Any person who contravenes or fails to comply with any provision under the new proposed law commits an offence and shall be liable upon conviction ‑ in the case of a natural person ‑ to a fine not exceeding $20,000 or to a term of imprisonment not exceeding 10 years, or to both; or in the case of a company, association or body of persons, NGO, Statutory Authority or entity ‑ to a fine not exceeding $500,000, and for the Director, Chief Executive Officer, Manager or officer in charge, to a fine not exceeding $100,000 or to a term of imprisonment not exceeding 10 years, or to both.
In the prosecution for an offence under this proposed law, the onus of proof shall be on the defendant to prove his or her innocence.