Legal experts have shot down claims by the hunting federation that popular pastimes will be next to fall after spring hunting.

11 lawyers and legal experts have signed a legal research document, compiled by Dr Mark Bencini, which shows that, unlike spring hunting, these hobbies cannot be abolished by means of an abrogative referendum.

Addressing a press conference this afternoon, Dr Bencini said the hunting lobby is running a misinformation campaign.

Maltese people are free to practice any hobby they like. Most of these hobbies are regulated. He explained that there are two different types of referendum: Resolutive and Abrogative. A resolutive referendum is similar to the ones on divorce and EU accession, where the electorate would vote on a proposal put forward by the government. In a resolutive referendum, the electorate votes on whether to introduce new legislation. The public cannot petition for the introduction of new legislation, only for the removal of existing laws. In the case of hunting, the referendum seeks to abolish a law that allows the country to apply derogation for spring hunting.

Dr Bencini said Maltese people are free to practice any hobby they like. Our constitution upholds the rights and freedoms and everyone is free to practice these hobbies, unless in breach of the law.

Most hobbies, like kite flying and stamp collecting, are completely unregulated, meaning that the right to practice them cannot be taken away because there is no law to abrogate. Other hobbies are regulated, but a referendum could only serve to abrogate these regulations, turning the hobby into a free for all rather than banning it.

There is a clear distinction between regulatory legislation and permissive regulation, such as the law allowing spring hunting. Dr Bencini's research says the key legal issue lies in the fact that while hunting in general is regulated, spring hunting is exceptionally permitted by another law.

Some of the hobbies that the hunting lobby is claiming are also facing the chop include horse riding and racecourses, fireworks, off-roading, band clubs and pigeon racing. An abrogative referendum on any of these hobbies would simply leave them unregulated.

As an example, regulation on horses and fireworks says that anyone owning a horse or manufacturing fireworks has to have a licence. An abrogative referendum would only serve to remove this regulation, with the result that anyone and everyone could own a horse or produce festa petards.

Band clubs are also safe from abrogative referenda since membership in a band club is an expression of a fundamental right protected by the constitution. A referendum would also not affect fishing.

The document concludes that fears being raised that regulated sports, hobbies and activities could be threatened or prejudiced by future attempts to have an abrogative referendum related to the legislation or regulation of people's hobbies is totally without any legal basis.

Dr Bencini said he was always pro-environment. "I felt it was my duty as a lawyer to research the issue and show how the pro-hunting campaign is built on untruths."

Former Judge Giovanni Bonello said certain values, like the environment and national heritage, are expressly protected by the environment. The hobbies that go against these values should be regulated. "I can think of no other pastime other than hunting that goes against these principles." The The former Judge said the FKNK is resorting to scaremongering. He said was deceitful to plant doubts in peoples' minds. "Whatever the result of the referendum, whether the hunting lobby wins or loses, things will not change. These hobbies cannot be abolished by an abrogative referendum."

Lawyer Andrew Borg Cardona said hunters claim that spring hunting is a right. "The public also has the right not to be misinformed." he said. Dr Borg Cardona said he was tired of hearing the nonsense being put up by the pro-hunting lobby.

The declaration was signed by eleven law professionals: Judge Giovanni Bonello, Kevin Aquilina, Andrew Borg Cardona, Reuben Balzan, Mark Bencini, Max Ganado, Edward Debono, Graziella Bezzina, Philip Manduca, Stephen Muscat, David Meli and Richard Camilleri.

During the press conference the lawyers were asked whether politicians had a duty to reveal their voting intentions, particularly with reference to politicians who have declined to do so. Judge Bonello said they do not have a legal obligation, but they are morally and politically obliged to inform the electorate of their position. All four who addressed the press conference said they would be voting against spring hunting.

Stand up to the hunters' bullying - SHout

In the meantime, the Spring Hunting Out campaign welcomed the joint declaration. Speaking after the press conference, Romina Tolu of Shout welcomed their dismissal of the hunters'  claims. "These lawyers have completed an in-depth legal analysis of the legislation covering various activities, including horse riding and racing, fireworks and band clubs, pigeon racing and fishing. Their professional decision is that all of these are safe from abrogative referenda. In fact, the legislation for those other hobbies and pastimes acts to regulate the activity, so any referendum would actually only make that activity easier and less regulated."

Ms Tolu said hunters have been spreading this "your hobby will be next" lie maliciously in an attempt to instill fear among the voting public. "Well now we have the final word from these legal experts, your hobbies are safe. You have nothing to fear."

The hunters, she said, are trying to bully and frighten the voting public in the way they have bullied politicians for years with threats of lost votes. Now is to time to stand up to these bullies. Together, let's speak out, let's shout Spring Hunting out.

She reiterated that the campaign has no intention of later turning to other hobbies and pastimes. "This referendum is on the issue of spring hunting only. Conservation science proves that shooting birds in the spring is unsustainable and that is what this referendum is about."