Introduction - Linking internally and globally

Article 18 of the Sri Lankan Constitution declares Sinhala and Tamil as the Office Languages and English as the link language.

What the basic law makers did was to recognize the mother tongue of Sinhala and Tamil citizens as the basic linguistic rights in the island and formerly recognise English which is already used both by Sinhalese and Tamil speakers, even though in limited numbers, to communicate with each other as the language linking the communities. The Constitutional Provisions was thus intended to protect and promote a cohesive, multi-linguistic unity in the country.

The second intention of the legislators was to provide a link language to the world, to absorb and adopt the technical and commercial development of the globe. Eventhough, Sri Lanka was in fact an island, she could bring prosperity to her citizens by fostering insular isolation.

Fortunately, for Sri Lanka, English was the language of the last of the conquerors who ruled us from 1796 to 1948 and has already evolved itself to an automatic choice of the foreign language linking Sri Lankans to the world.

Using other UN languages, French, Spanish, Arabic, Russian or Chinese would have been a non-starter in this context.

The use if English as a link language internally or externally did not reach the expected standards or receive the necessary impetus from the successive governments.

English continued to remain the language of the name boards and elite classes whose children received education in a handful of private schools. English use became the "Kaduwa", the hate symbol of vernacular educated classes for decades.

Modern global development in Trade and Information Technology (IT) has rendered Sri Lanka's development and langauge policies untenable.

The leaders in the two countries in the world, who have surpassed the billion marks in population namely China and India, have selected English as the link language.

In India an estimated 350 million users of English flourished and in China, it is nearing the 350 million English user mark.

English users in India and China have already surpassed the largest English speaking country, the USA. For the time being English users in India and China may not, be English speakers but if one was to witness the Li Yang's Crazy English classes in Chinese stadiums, one would realize the day which English users will become English speakers will not be far away.

In Sri Lanka according to a report by the Public Survey and Research Unit of the Presidential Secretariat some 21,000 English teachers who are teaching English in 10,000 schools islandwide are with qualification limited to a credit pass in English at the GCE (Ordinary Level) Examination.

It is obvious that this is grossly inadequate and has led to prolification of English tutories numbering 1,623 mostly to prepare students for GCE (Ordinary Level) examination. The Rudimentary English users education system should be overhauled to provide an equal opportunity for our youth in the global playing field.

Mobile telephone use should be taking an indicative trend. An estimated five million mobile telephone users in the country within few years indicate the Sri Lankan penchant to move with the modern IT development. English as a Link Language (ELL) could be and should be developed as an urgent change with the cooperation of the public, private sector and international cooperation.

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Eminent Judges of Sri Lanka:

T.S. Fernando, QC, J.

1956 saw several changes. H.H. Basnayake, QC., Attorney-General, was appointed Chief Justice on January 1st. E.F.N. Gratien, QC., C.M.G. left the Bench to become Attorney-General and Thusew Samuel Fernando, QC., C.B.E., and Nadarajah Sinnetamby were appointed Puisne Justices, the former on May 2 and the latter on May 3. T.S. Fernando was born on August 5, 1906.

He obtained a Bachelor of Laws degree from the University of London and was called to the Bar by Lincoln's Inn. At various times from August 1, 1936 he acted as Crown Counsel. He joined the Attorney - General's Department as a Crown Counsel on June 5, 1938 and at various times from December 14, 1946 he acted as senior Crown Counsel.

On September 28, 1949 he was appointed Senior Crown Counsel. On August 29, 1952 he was appointed Acting Solicitor-General. On August 10, 1953 the dignity of silk was conferred on him. From July 10, 1954 he acted as Attorney-General. In 1955 the rank of Commander of the Order of the British Empire (CBE) was conferred on him by Her Majesty the Queen. He acted as Chief Justice in 1967 and 1968.

He was President of the short-lived Court of Appeal which was set up as the highest court of appeal after the abolition of appeals to the Privy Council in 1972. He took a keen interest in the affairs of the Asian-African Legal Consultative Committee and served as its Vice-President.

After his retirement from the Bench he served as President of the International Court of Justice and as High Commissioner for Sri Lanka in Australia and then totally withdrew from public life.

An extract from the Supreme Court of Sri Lanka

by Justice A.R.B. Amerasinghe.

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Yours questions should be addressed to - Daily News Legal Aid Page, Chairman, Legal Aid Commission, No. 129, Hulftsdorp Street, Colombo 12.

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Questions and Answers

Wages Board Ordinance

Question: 1. The Wages Boards Ordinance has a wide coverage. It includes any industry, business undertaking, occupation, profession or calling carried out performed or exercised by an employer or worker in any trade.

(a) Is there any category of employment excluded from Wages Boards Ordinance?

(b) How many Wages Boards have been established so far?

2. What is the position in law in relation to weekly holidays for -

(a) Employees covered by Wages Boards.

(b) Employees covered by Shop & Office Employees Act.

M. S. Liyanage, Meegoda.

Answer: 1 (a) The following categories of employees are excluded from Wages Boards Ordinance:-

(a) Employees in the State.

(b) All employees receiving industrial training in an Institute meant for deaf, dumb, blind or juvenile delinquents.

(b) 41 Wages Boards have been established and 38 trades have been formed on tripartite basis. There are some trades where determination of minimum wage has been done by the Commissioner of Labour. They are batik trade, janitorial service trade and Glassware Manufacturing trade.

The Commissioner of Labour can only determine the minimum rate of wages and he cannot make a determination in relation to weekly holidays, annual holidays, overtime etc.

2. (a) Employees under Wages Boards are granted unpaid weekly holidays. The only exception is the Cinema Trade where weekly holiday is a paid holiday and it is a fixed day between Monday and Friday. Sunday is declared as a weekly holiday in several Trades. No decision has been made regarding the weekly holiday in certain trades.

They are liquor and vinegar trade, Security Trade journalist trade, retail and wholesale trade. In the following trades it has been decided to have any day by agreement between employer and worker.

They are baking trade; motor transport trade, nursing home trade. In the aerated water, fruit juice and jam manufacturing trade any one day in the week shall be allowed a weekly holiday.

If employees work on weekly holiday they are entitled to 1 1/2 day's wages for the first eight hours and to overtime to the excess number of hours constituting a normal working day.

(b) An employee who has worked 28 hours in a week exclusive of overtime work shall be entitled to 1 1/2 days weekly leave. To compute 28 hours any day in which the employee had been on leave with pay shall be taken as a day worked.

Weekly holidays are generally Saturday - half day and Sunday - Full day. In certain workplaces e.g. hotels 1 1/2 days weekly holiday is granted on any consecutive days of the week.

Weekly leave can be allowed in that week or succeeding week with prior approval of the Commissioner of Labour. If a Mercantile holiday falls on a weekly holiday, a day within seven days of such weekly holiday shall be allowed as weekly holiday.

Can I enter into another marriage during the period of Decree Nisi

Question: I have already filed for divorce and I got the Decree Nisi. I want to know whether I can get married during the period of Decree Nisi.

Anurada, Maharagama.

Answer: You cannot enter into another marriage during the period of Decree Nisi. Please note that you should obtain Decree Absolute three months after the Decree Nisi.

Traffic Police

Question: I would like to know when the Traffic Police was established and how it assists the public in its duties. Please specify the main functions of the Traffic Police and if possible the contact numbers. Your kind reply would be greatly appreciated.

M. Mahinda Jayawardanagama, Housing Scheme.

Answer: The Traffic Police was established in 1953 and it assists the Inspector General of Police in taking decision and thereafter it helps to implement them and closely monitor implementation. Policing of road has become a major task for the police. Implementation and enforcement of regulations are through powers vested on the police by the Motor Traffic Act of 1951.

The necessity to form a separate unit to control traffic within the city was recognised in 1950 by the Colombo Metropolitan Police. Due to the increase in volume of the road traffic in the island the Traffic Headquarters was inaugurated in 1953 to cover the entire island.

1. Every station presently maintains a traffic branch. Officers entrusted with this specific duty are identified by the white coloured top part of their peak caps and the white belt with cross belt they wear. These officers have undergone extensive training in vehicle examining, traffic accident investigations and court procedures.

2. With the increase of the number of vehicles on the highways causing continuous traffic congestion in the cities especially during the peak hours, the demands on the police to meet with the situation for smooth running of traffic has a corresponding increase.

3. Traffic wardens employed by the controlling bodies in the cities and towns assist the police to a certain degree of parking of vehicles within town limits.

Main functions:

1. Enforce Traffic Laws; prevent violations of traffic regulations and prosecution of offenders.

2. Investigate into accidents.

3. Control traffic on highways.

4. Provide pilot duties for VIPP.

5. Assist the public in various social events and functions where motor traffic is involved.

1. Traffic Headquarters could be contacted on:

+94-11-2431718

+94-11-2421111 - 283

How to obtain license to open job agency

Question: My brother is desirous of opening a job agency for recruitment of persons abroad. Please let me know how to obtain a license for the said purpose. Your reply is solicited.

M. Nizam, Wattala.

Answer: If your brother is desirous of opening a job agency, he should first obtain a license to do so from the Sri Lanka Bureau for Foreign Employment (SLBFE). To obtain a license you should have an office which:

1. Is situated in a place where public transport is available.

2. Has a floor area of at least 500 sq.ft.

3. Has telephone with IDD facilities, Fax, Computers, Data bases, type writers, photocopiers & trade testing facilities.

Thereafter you can apply for the license by submitting the following documents:

1. Business registration certificate or certified copy of the form 48 & Articles and memorandums (If registered under the Companies Act.)

2. Layout plan of the office and the lease agreement or deed of the premises.

3. Affidavits regarding citizenship of the partners of the business/company

4. Two recent testimonials in support of the character and the reputability of the person to be in charge of the business of foreign employment agency (one should be from the Gramasevaka Niladari of the area where he resides, this should confirm that person who is applying for the license has been living in

5. A bank guarantee of a commercial bank issued on behalf of you or your agency.

6. You should furnish the following documents of yourself, parents or Directors of the agency.

* Birth Certificate(s)

* Personal bio-data(s)

* Photo copies of NIC (s) or passport.

* Police clearances reports from the nearest police station

7. A passport size photograph of the office in charge of the agency.

8. Before issuing the license a team would inspect the permission on submitting the documents and following of the format ties to their satisfaction.

9. The license which you have obtained would valid for a period of one year from the date of issue.

Compensation for Sri Lankans who die abroad

Question: How does the Consular Division of the Ministry of Foreign Affairs assists in arranging the payment of compensation, "blood money" and social insurance due to be paid by the Employers to Sri Lankan workers abroad for loss of employment or death?

Your reply in detail would be greatly appreciated.

M. Marook, Gampola

Answer: The Consular Division of the Ministry of Foreign Affairs also assists in organising the payment of compensation, "blood money", and social insurance due to be paid by the employers to Sri Lankan workers abroad for loss of employment and death.

Such payments are usually made to the legal heirs through the Public Trustee.

The Consular Division of the Ministry of Foreign affairs assists to despatch the personal belongings and to obtain salary arrears, gratuity, blood money and compensation money for deceased who died while working in abroad.

Procedure for payment of compensation of Sri Lankans who die abroad:

1. A legal heir can make an appeal for compensation.

2. The appeal must be forwarded to the related Embassy of Sri Lanka abroad and the Embassy should take appropriate action to collect compensation from the sponsor concerned.

3. Matters pertaining to obtain the compensation to be directed to the courts concern in case of accident, murder, deaths occurred while working.

4. The Power of Attorney should be forwarded to the Ambassador - Consul General along with the legal heir certificate issued by the relevant district court to obtain compensation.

5. When the sponsor deposit money such as salary arrears, donations, final settlements, legal dues etc. the Mission should credit the same to the general deposit account maintained by the Division. Later the particulars of such deposits to be intimated to the Chief Accountant - Consular Division.

6. When the court decided about the amount of the compensation to be paid to the deceased the Mission should take appropriate action to release this money from the courts under intimation to the Consular Division.

7. The money credited to the general deposit account should be released by the Chief Accountant under intimation to the Consular Division for distribution among the next of kith and kin.

8. The cheques drawn in favour of the Public Trustee by the Missions concerned to be directed to the Public Trustee under intimation to the next of kin for necessary action.

9. Finally appropriate action could be taken by the Public Trustee to distribute the compensation money received by him among the legal heirs after obtaining the legal heir certificate.

Authentication and attestation of documents

Question: Who has the power to authenticate birth, marriage and death certificates along with educational and other certificates to be forwarded to foreign countries and how is the attestation of documents done?

R. Rodrigues, Kaduwela.

Answer: The Consular Division of the Ministry of Foreign Affairs has the power to authenticate birth/marriage/death certificates, along with educational and other certificates to be forwarded to foreign countries.

The authentication of documents is one of the main functions of this division and the importance of the subject has grown largely with the advent of government policy to promote foreign policy to Sri Lankans instructions.

How attestation of documents are done:

* Attestation of documents are accepted by the division from 9 a.m. to 1 p.m. and the attested documents are returned to the owners from 10.30 a.m. time to time calling the token numbers through the public addressing system.

* The documents should be handed over to the Consular Division by the applicant. If the applicant is abroad, he/she can authorise another person, who should bring a copy of the relevant page of the passport of the applicant and a letter of authorisation, in which the name and the National identity Card number of the authorised person are mentioned.

* Only the documents that are written in Sinhala, Tamil, English and Arbic are attested.

Only the translations done by sworn translators are attested and the sworn translator should clearly mention on his/her letterhead or the seal/stamp, the languages in which he is authorised to do the translations. When a Sinhala or Tamil of English document is translated into Arabic, the particulars of the original document should be mentioned in English in the document that has been translated into Arabic.

When the authenticity of a document has to be confirmed before attestation and the specimen signature required for the attestation of a document is not available, the document is forwarded to the relevant authority for verification for which a period of about 3 weeks is necessary.

* Letters addressed to the Ambassadors and Diplomatic Officers of foreign countries, various institutions in foreign countries etc. are not attested. The documents should be in the form "To whom it may concern". Also the letters/documents regarding the obtaining of visas for foreign countries are not attested.

* Deeds/titles, bank statements, appointment letters, defamatory documents, etc. are not attested.

Filing of Partition Action

Question: I have five brothers and two sisters including myself. My father has gifted five acres of land to all of us keeping the lief interest in himself and his wife (our mother). At the moment my parents are not living. Now all of us want to dispose of this land. We therefore wish to know whether we have to file a partition action to dispose of the said land.

M. Jayaweera, Kotte

Answer: According to the facts set out in your question, it is clear that all your brothers and sisters are willing to dispose the said land.

In this event all of you can transfer all the undivided rights and titles to the said land to your buyer. If you have a plan for the said land it is much easier to do the said transaction. however, if your brother or a sister objects to the said transfer, you have to file a partition action to divide the said land among all of them.

Coast Conservation Department

Question: What are the development activities that could be carried on within the coastal zone? Should you need a permit from the Coast Conservation Department for the said purpose?

Denzil Perera, Wennappuwa

Answer: In terms of Section 14 of the Coast Conservation Act No. 57 of 1981 no person shall engage in any development activity other than a prescribed development activity within the Coastal Zone except under the authority of a permit issued in that behalf by the Director, Coast Conservation.

If you need to build a house, tourist hotel, commercial building or otherwise carry out any development activity within the coastal zone, you may need a Coast Conservation permit issued by the Director, Coast Conservation Department (CCD).

It is necessary to obtain a major permit issued by the Director of Coast Conservation for the following development activities in the coastal zone.

A major permit is required for the following activities:

* Dwelling houses and related structures of total floor area 1,000 sq. feet (93 sq. m or more).

* Tourism, commercial and industrial structures

* Recreational/sports structures

* Harbour structures and navigational channels

* Roads, bridges and railway lines

* Public and religious structures

* Shoreline protection works

* Sewage treatment facilities and ocean outfalls

* Aquaculture facilities

* Waste water discharge facilities

* Disposal of solid wastes

* Dreading, filling and grading

Removal of sand, sea shells or vegetation

* Mining and reclamation

* Removal of corals for research

* Breaching of sand bars.

* Reclamation

* Installation of oil, air, water pipes and electricity lines.

If you need any further particulars regarding permit procedure please contact Coastal Resources Development Division and the following Regional Offices: Coast Conservation Department - New Secretariat, Maligawatta, Colombo 10, Sri Lanka; Fax: 2438005; Phone: 011-2449754, Web Site: www.ccd.gov.lk; Coast Conservation Regional Office, 'Sarasavi', Bataduwa, Galle, Phone: 09-2234832; Moratumodera, Moratuwa, Phone: 011 - 2658930; Negombo, Phone: 031 - 2238400.