South Seas Liquor Laws

There Is No Uniformity In South Seas Liquor Laws

PIM correspondents during October gave us the follow ing quick picture of the South Seas liquor situation.

Papua-New Guinea

The Law Says: That indigenous people may not drink intoxicating liquor of any kind.

How Does It Work Out?

Generally speaking there is no de mand for liquor in the outpost areas, but in the larger towns there is, and the natives obtain supplies on the black market, or manufacture it from illicit stills. There have been cases from time to time of natives dying after drinking home-made hooch. For most of the sophisticated natives in urban areas, slygrog is not hard to obtain at reasonable prices, and illicit drinking is growing.

Is There Legislation Pending?

None has been announced. In the Territory liquor is regarded as a hot subject. Many leading people, in cluding Administration officials, pub licly advocate its introduction, but others oppose it. The matter has been discussed in the Legislative Council from time to time, and a plan for a permit system was shelved some time ago.

The Cook Islands and Niue

The Law Says: Liquor legislation is based on the New Zealand Cook Islands Act of 1915 which states that intoxicating liquor cannot be made locally, nor

sold nor consumed. This applies equally to Europeans or Cook Islands Maoris and the exception—that it can be supplied on medical grounds— also applies equally to both races.

How Does It Work Out?

The Cook Is.’ only hotel, at Raro tonga, is dry but liquor is imported by the Government and sold through the Bond store on a permit issued by the Health Department. Each adult is entitled to two bottles of spirits per month or an alcoholically equi valent amount of beer or wine. Addi tional amounts can usually be ob tained on request for parties, etc.

There is no racial discrimination in issuing drink permits but the cost of imported liquor puts it beyond the reach of the average Maori wage earner. He therefore resorts to bush beer, which is made from the fer mented juice of oranges, bananas, tomatoes or any other fruit that hap pens to be in season. Locally-made home-brew, or malt beer, is also popular—and illegal. There is no way of controlling the alcoholic con tent of any of these brews and most home-produced liquor is exceedingly potent. A person who acquires a taste for it finds imported beer no more exciting than lemonade.

Because of local brewing there is a good deal of drunkenness at Raro tonga and somewhat less in the other islands. Most drunkenness follows week-end bush-beer parties and a great deal of the time of the Courts

n up with offences arising out illicit trade.

re Legislation Pending?

ifications to bring Cl liquor nore into line with modern g have been discussed many In 1957 a select committee t up to investigate the matter ade a report to the Legislative 1. It was not until September r this year, however, that the ealand Parliament put through endment to the Cook Islands 1915 in so far as it concerns At this writing—end of Oc -it had not actually become i change will be the abolition pseudo-medical certificate and place a permit will be issued ocal liquor control authority, rs of which will be appointed, legislation, while it will re some of the comic opera ts from legal Cl drinking, □thing, of course, to overcome ;onomic factor behind bush ■inking—it will still be cheaper v than to buy beer and while ate of affairs prevails local are unlikely to change their g habits.)

British Solomons

w Says:

e is no restriction on the pur- Dr consumption of any sort of ating liquor by non-native resi- It is sold through hotels, 1 clubs and liquor stores. A may drink beer only, and only las a permit to do so. Permits led by District Commissioners, qualify a native must be over rs of age; be receiving an in n excess of £lOO per annum; good character and have a ecord. loes It Work Out? general opinion amongst local ts is that the drinking permit has worked out fairly well, has been a gradual increase in imber of permits issued and tnplaints from Europeans about n natives. It is unlawful for of any race in the BSIP to >xicated in a public place and natives have had their permits arily withdrawn for this of- Fewer still have had their per vithdrawn permanently. It is d that some natives do drink :han they can afford but such s do exist because of this fact inor in comparison with the imbling craze that has de -1 since the Gaming and Lot

teries Bill (which gives Melanesians an open go at gambling) became law earlier this year.

Is There Legislation Pending?

The Government, which holds the voting power in the BSIP Legislative Council, will introduce new legisla tion at the December meeting which will abolish the permit system and allow beer drinking for all. The new legislation will make a number of other changes in liquor laws, includ ing some relating to hotel trading hours and hotel and club licences (of which there will then be two kinds, one covering all forms of liquor and the other for sale of beer only).

Western Samoa

The Law Says: The liquor legislation in force in the Territory is still that set out in the Samoa Act of the New Zealand Parliament in 1921. Under it, Samoans are not entitled to drink in toxicants and no one in Samoa may purchase liquor except for “medicinal, sacramental and industrial purposes”.

Liquor can be imported only by the High Commissioner, but this authority is now vested in the Coun cil of State which recently set up a Liquor Control Board (although it was subsequently found that the

1 of State had no legal ty to do this). The Liquor 1 Board consists of the Prime r, the Superintendent of Police lan), the Director of Health e member of the public. oes It Work Out? pite of what the law says, is made available on a points All applicants for liquor per e treated the same regardless her they are Samoan or Euro nd in allocating the amount of each applicant is entitled to, arital status, salary received lether or not the applicant’s position calls for entertain ire all taken into considera kenness is not considered a olice problem in Western although probably an average persons per year are gaoled offence. Illegal home-brewing ever, carried out on a large id is a major nuisance to the Europeans have no real diffi obtaining all the liquor they ink. The Superintendent of issues temporary permits for and for residents facing social events, such as wed \ dozen or more clubs pro mgenial drinking conditions lir almost invariably well -1 patrons, who none-the-less ; breaking the law. lawful for members to give lub authority to draw their points, if they pay for the )n the spot and take redeem upons in exchange. It is un it the club collects the mem liquor, gives coupons in ;e but does not receive pay ir it. In other words, it is un to pass money over the bar lent for individual drinks, and e of years ago the police got i this score; there were several id subsequent convictions. For then clubs acted within the f the law but more recently lave drifted back to “normal”, embers paying only when and drink, and the police appear ;urning a blind eye—possibly the Liquor Board itself is legally constituted body, any

'e Legislation Pending?

ern Samoa becomes an inde ; country in January, 1962, lether the new Government ickly do anything about exist lor laws is uncertain. Various i to the existing system have iggested from time to time but Sgestions for liberalising liquor

laws have always been defeated by the Samoans themselves.

The only legislation pending is that in relation to home-brewing. New legislation giving police more powers of search without warrant for illicit liquor, and seizure of liquor, has been prepared since 1956 but the Legisla tive Assembly has not yet got around to considering it.

American Samoa

The Law Says: Beer of not more than 6 per cent, alcoholic content is available to everyone over 21, irrespective of race.

Other liquor is sold in stipulated quantities to anyone, Samoan or European, who can prove that they have resided for five years or more somewhere outside the Territory where liquor was available.

How Does It Work Out?

There is no illicit home-brewing as in the neighbouring Territory of Western Samoa and the liquor laws are pretty well obeyed although at parties and receptions, liquor other than beer is available to all guests, Samoan or otherwise. Some chiefs would like to have unrestricted right to consume “hard liquor” but are not pushing it. Generally, Samoans prefer to drink beer—they have the pleasure of consuming more and it sells for a lot less. Beer costs about $4 per case while “hard liquor” can cost that much per bottle.

Is There Legislation Pending?

There is none as far as is known and the Legislature has not discussed liquor for more than two years.

Netherlands New Guinea

The Law Says: Everyone, irrespective of race, is permitted to drink but some restric tions prevail in certain districts where Resident Commissioners have used their discretionary powers.

How Does It Work Out?

There is a certain amount of con fusion due to the powers vested in Resident Commissioners of districts to make local liquor regulations. In Hollandia, for example, liquor may not be served to natives before 12 noon. Again, in Waroppen coastal area, it is now illegal for natives to carry on their old tradition of mak ing an intoxicating drink from the sago palms; and in Mimika area there is a total ban on drinking, although a native has only to walk the short dis tance to Fakfak to be able to drink as much as he likes. (Over)

It is an offence for anyone, iii pective of race, to be found dii in a public place but generally \ incidence of drunkenness is not —certainly no more in NNG in Holland.

Is There Legislation Pending?

There is said to be some as tion amongst the people for unili liquor laws for the whole Term and representations have been n to members of the New Gu Council to have something done as these lines.

The New Hebrides

The Law Says: There is no restriction on the chase and consumption of liquoc non-natives but native New HI deans legally cannot drink.

How Does It Work Out?

The law is broken and nas manage to get drunk, particular!;! days of national holiday when thority appears to turn its back it, even when liquor is sold pubc The largest number of cases be* the native courts are over lii offences but it is not an exces percentage of the native populas Main suppliers of illegal liquoc natives are allegedly Tonkinese..

Is There Legislation Pending?

A Select Committee on liquox cently submitted its report to< Condominium authorities but t has been no public announcemen is believed that the Committee re*c mended that New Hebrideans allowed to drink.

New Caledonia

The Law Says: Adult non-natives may drink thing they fancy but native Caledonians may drink only unless they are chiefs, returned! vicemen or one of the few go* ment servants who have a special* pensation.

How Does It Work Out?

Cases of intoxication amu natives are declining—not beo; natives are drinking less but beo; they are learning to drink mom telligently. The Government has i a big effort to give the native p<c something to do with leisure hou t building sports grounds and encore ing such games as football basketball. In Noumea, natives to drink with their own kind in II class bars although there is no*

event their drinking with Euro anywhere else.

ere Legislation Pending?

;re has been some discussion in 'erritorial Assembly about per g natives to drink wine in rants but so far nothing has of it. Few natives frequent the Df restaurants which have wine es. Some natives feel that they eing discriminated against be they are permitted to drink beer and it is thought that members of the Assembly will this up again next year when dension of military training to s puts them in the position of ; to assume all the responsibili f French citizenship.

:h Polynesia

aw Says:

r one, of either sex and any ality, over the age of 18, may what he chooses in French ;sia.

Does It Work Out? 5 are open from 7 a.m. to 11.30 n Papeete and to an even later in country districts. Favourite is the local beer, although red >unch made of wine, lime-juice tgar is also popular. Tahitians drink spirits. lie drunkenness is not con -1 to be a major police problem iquor laws are generally re i. Police crack down on bar » who serve under-age persons wners are watchful about this, also illegal for them to serve 3 who shows signs of drun ;s.

Is There Legislation Pending?

None has been announced, the general opinion being that French drinking laws are practical and work well.

Fiji

The Law Says: Since February, 1958, adult males of all races have had unrestricted access to beer. Previously Indians and Fijians had to have a permit to drink beer—and they still have to have it if they want to drink wine or spirits. There is not and never has been any restriction on what Europeans may drink.

How Does It Work Out?

In spite of the dire forebodings of some people, giving Fijians an “open go” with beer hasn’t meant mayhem. But there are many cases of drunkenness, and the de-restrictions haven’t cured all the ills they were supposed to cure, either. Some Fijians still drink dangerous concoctions of methylated spirit and other crude alcohol; they haven’t all learned to hold their liquor like gentlemen.

Whether the privilege of drinking beer is abused more since the aboli tion of permits is very much a matter of personal opinion and because opinion was divided in Fiji, the Gov ernment set up a committee in June, 1960, to make an exhaustive inquiry into all aspects of local liquor laws.

The Committee produced a monu mental report 12 months later.

Is There Legislation Pending?

Perhaps—but the Government, to date, has not acted on any of the recommendations made by the Com mittee. The most important recom mendation was that all racial dis crimination on drinking liquor should be abolished—that is, that anyone over the age of 18, male, female, black, white or in-between could drink anything.

Other recommendations related to hotel hours (to bring them into line with the UK system of having hotels closed all afternoon); to the brewing of beer with a lower alcoholic con tent (which pleased neither consu mers nor local brewers); and to the establishment of off-licence premises that could sell by the bottle.

Tonga

The Law Says: Liquor is provided to both Tongans and Europeans under a permit sys tem.

How Does It Work Out?

There is no difficulty in a Euro pean obtaining a permit and also high ranking Tongans. But the ordin ary Tongan is not given one, and per mits generally are tightly restricted and policed. Those who hold per mits can usually obtain all the liquor they require, although the per mit must be presented to the retailer on each occasion and the amount bought is marked down. Tongans have illicit bush beer parties, but the illicit drinking is not as high as in the Cooks or West Samoa. Neither illicit drinking nor drunkenness is regarded officially as a big problem in Tonga, possibly because of the long and close interest of the Methodist Church in Tonga affairs.

Is There Legislation Pending?

None has been announced. • For more on the Liquor re port, turn the page.

Kava Not Alcoholic

Most people without Islands experience wrongly assume that kava is alcoholic. Kava (it is called yaqona in Fiji, where Queen Elizabeth the Queen Mother is here seen drinkin 0 a cup during her visit in 1958) is made from the pounded roots of a plant of the pepper species, and its effects are much misrepresented. Kava drinking is one of the most ancient and honoured customs of the Polynesian islands.

These two New Caledonians have just come out of a bar. They are legally entitled to drink beer, but not spirits.

Photo: Fred Dunn