Legal aid Commission

Questions and Answers

Introduction - 30 years of Legal Aid

The Legal Aid Commission established by Legal Aid Law No.27 of 1978 is celebrating its 30th anniversary this year. In keeping with the Commission's limited resources, anniversary celebrations would be confined to working discussions and legal publications useful to the public and a three-day conference of all the legal aid lawyers and Management Assistants of the 48 Legal Aid Centres and the Headquarters from October 31 to November 2, 2008.

A musical fiesta titled "Neethi Sarana Gee Miyasiya" will be held on November 1 at the National Youth Council Hall, Maharagama as a fund raiser to support the public awareness programmes in 2009.

Access to equal justice to the poor without discrimination on the grounds of race, language or religion is a vital need in a plural society.

Sri Lanka is also at the butt end of criticism with or without justification by the international human right advocates. The provision of legal assistance to the poor who could not afford access to courts to vindicate their human rights is essential to meet such criticism. Apart from responding to critics whose vocation is to criticise the provision of comprehensive legal aid to all deserving Sri Lankans is an integral part of good governance.

Provision of legal aid to the poor is in fact the most effective way of protecting human rights. The Sri Lankan Constitution provides for equality before the law for all and equal protection of the law. But without legal assistance, a good fifty per cent of the population is unable to access equal justice. The non availability of legal aid is a gross denial of a basic human right.

The provision of legal aid to the poor is a continuing programme. Even in developed countries like Australia, Canada and the United Kingdom State resources are provided to ensure equal access to justice. The Legal Aid Commission in the past had received limited donor support for a few time-bound projects. In view of the protracted nature of litigation legal aid needs to be sustainable. Meaningful access to justice needs the support of national and international cooperation.

President Mahinda Rajapaksa who as a practising lawyer was personally instrumental for a legal aid programme in the Southern Province has supported the work of the Legal Aid Commission. The judiciary had been extremely supportive and has treated provision of legal aid as an integral part of administration of justice.

The mainstream media both electronic and print has made a key contribution to disseminate legal awareness programmes.

The Bar Council and the Ministry of Justice who nominate the members of the Legal Aid Commission need to be thanked for continuing support.

- S.S. Wijeratne

How do I register a brand logo?

Question: Please let me know how do I register a brand logo in Sri Lanka? Could you kindly explain the procedure in detail?

M.S.M. Risvi (Sent by email).

Answer: According to the Sri Lankan Law -

A Trade Mark is a word, phrase, symbol or design, or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others.

A Service Mark is closely related, to a trade Mark and serves to identify and distinguish the sources of services rather than products.

Certification Marks are used to certify that goods or services of others have certain characteristics.

Collective Marks are used to indicate membership in an organisation or to indicate that goods or services are produced or authorised by an organisation.

Registration under the Sri Lankan Intellectual Property Act No. 36 of 2003 grants Statutory Protection to Trade and Service Marks.

It must be emphasised that Prior User of the Mark in the Home Country or in Sri Lanka is not a pre-requisite for Registration.

Intellectual Property Associates will assist you to secure Trade and Service Mark rights in Sri Lanka.

With regard to registration of a brand logo/trade mark, first of all, you have to visit the National Intellectual Property Office in Sri Lanka and obtain the Classification copy. This copy will contain all the classification (Class I & Class II).

After selecting the class of your trade mark, you have to go through the public search at the Intellectual Property Office. After finishing the public search, you can collect the application form. All information is given in that form.

If it is a Company or Partnership trade mark you have to pay Rs. 3,450 as registration fee. If it is an individual trade mark you have to pay Rs. 1,500. The Office is open from 9 a.m. to 3 p.m. Search fee per day is Rs. 150.

An Application for registration of a Trade or Service Mark must be made to the Director-General of Intellectual Property in Colombo, in the Prescribed Form and must contain -

1. A request for the registration of the mark.

2. The name, address and description of the Applicant, and if he is resident outside Sri Lanka a postal address for service in Sri Lanka

3. Five copies of a representation of the mark

4. The goods or services for which registration is sought under the International Classification.

5. The prescribed application fee

6. Where the Application is filed by an Agent it should be accompanied by a Power of Attorney. This document need not be Notarialised or Legalised.

All Applications are searched and examined in the order of filing by the National Intellectual Property Office (NIPO) for registrability. If acceptable the Application is published in the Government Gazette and left open for a period of three months for public scrutiny and third party Opposition if any. If opposed a hearing will be held at NIPO after the filing of Written Submissions and any available evidence and the fate of the Application would be then determined. If there is no such Opposition filed NIPO will proceed to register the Mark absolutely or subject to any conditions as the Hearings Officer shall deem fit.

Contact Information:

National Intellectual Property Office of Sri Lanka, 'Samagam Medura', 3rd Floor, 400, D.R. Wijewardene Mawatha, Colombo 10.

Telephone: +94 11 268 9368

Fax: +94 11 268 9367

E-mail: [email protected]

Where to report in case of accident in workplace?

Question: Please let me know - (a) if an accident occurs in a workplace; or (b) if the environment in the workplace is not safe

Where should we report? Your kind reply would be greatly appreciated. M. Joseph, Nugegoda.

Answer: All such accidents and dangerous occurrences in workplaces could be reported to the following address:

Commissioner of Labour (Industrial Safety) &

Chief Factory Inspecting Engineer,

Industrial Safety Division,

Department of Labour,

No.97, Jawatta Road,

Colombo 5.

Tel.: 011-2508783

Fax: 011-2508772

Email: [email protected]

The Industrial Safety Division of the Department of Labour renders the following services:

* Investigate fatal and serious accidents at workplaces and prevent reoccurrences.

* Inspect workplaces on safety, health and welfare to ensure the compliance with the Factories Ordinance of Sri Lanka.

* Investigate the complaints by workers and trade unions.

* Inspection of high risk machinery at workplaces.

* Conduct safety awareness programmes to employers and employees.

* Execute legal action on the contraventions of Factories Ordinance.

Registration of births of children born abroad

Question: I am a Sri Lankan living in Canada with my wife and child. My son was born in Canada and is now two months old. I wish to get Sri Lankan Citizenship to my son. I know the procedure to get Sri Lankan citizenship. However, I am not sure of the documents required to be produced in obtaining Sri Lankan citizenship to my son. Please let me know the documents required to be produced.

M. Moraes (Sent by Email)

Answer: The following documents are required to be produced:-

The Birth Certificate issued by the Competent Authority in the country of the birth of the child.

Birth Certificate of the applicant (father or mother).

If the applicant is a Sri Lankan citizen by registration, the relevant certificate.

Marriage Certificate of the parents.

Three photographs of the child (size 3.0 cm x 3.5 cm).

Explanation letter for not registering the birth of the child within the stipulated time, if the registration is not done within three months of the birth.

Form I: Ceylon Citizenship Act No. 18 of 1948 in duplicate (Please get a photocopy from the original.)

Form II: Declaration of Birth under Section 16 (This form is required when registration is done within 03 months of birth of child.)

Form III: Declaration of birth under Section 24 in duplicate (This form is required when registration is done after 03 months of the birth of child.)

Declaration of Citizenship' by father of the child [If the father lives in Sri Lanka the declaration should be signed before the Grama Niladhari and should be endorsed by the Consular Division of the Ministry of Foreign Affairs, Colombo.
 

Legal Aid for bail

Question: My daughter was arrested for possessing heroin and is on bail. However, while being on bail, she defaulted to appear in court for her case as she fell ill. Subsequently, the bail was cancelled and she is in remand. Please advise me what to do?

G. Rodrigo, Maligawatte.

Answer: You could make an application for bail with the assistance of the Legal Aid Commission. Please obtain the certified copies of the B Reports together with the journal entries. You must also have original documents pertaining to her illness. However, unless your daughter had been absent due to a very genuine reason, the court may decline to release her on bail. It is very important that a person should strictly observe bail conditions. If you need any further assistance, please call over at our Legal Aid Commission Head Office (Prisons Unit) at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Getting registered with SLBFE?

Question: Is it necessary to register with the Sri Lanka Bureau of Foreign Employment (SLBFE) before you leave for foreign employment? If so, what is the advantage in doing so?

Mrs.F. Ismail, Dematagoda.

Answer: Yes. It is a legal requirement that all Sri Lankans who go for foreign employment should register with the Sri Lanka Bureau of Foreign Employment. In doing so, you will be entitled to the following benefits:

Job security, Free Insurance Coverage, Scholarships and free educational equipment for your children, Free medical facilities for family members, Low interest (5%) housing loans and self employment loans, Intervening in your problems/difficulties at workplace, Providing legal assistance when required, Welfare services provided free of charge at "Sahana Piyasa" Welfare Centre, Social security services and Compensation and reimbursement of funeral expenses in the case of death of migrant worker.

Re: W&OP benefits

Question: I am getting W&OP benefit of my husband. I have an unmarried daughter who is now 35 years old.

Please let me know whether my daughter could obtain my husbands W&OP benefit after my death?

P. Anula, Kurunegala.

Answer: Under the Pension Minutes and Circulars, your unmarried daughter is not entitled to your husband's W&OP benefits after your death. Unmarried daughters are entitled to such benefit only up to 26 years of age.

But if the children are disabled they are entitled for this benefit until their lifetime. However, their disability must be approved by the Medical Board appointed by the Pension Department.

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Duration for maintenance of elders under Elders Law Act No.9 of 2000

Question: My husband and I are getting maintenance from our children under the Elders Law Act No.9 of 2000. Please let me know the duration of orders for Maintenance. I await your kind reply.

Senior Citizen, Negombo.

Answer: Under the Elders' law Act No.9 of 2000 - Section 29 states

(1) Except where an order for maintenance is expressed to be for any shorter period or where any such order has been rescinded, a maintenance order shall expire -

a) if the maintenance was unsecured, on the death of the applicant or the respondent, whichever is the earlier;

b) if the maintenance was secured, on the death of the applicant.

(2) Where a maintenance order was made against more than one respondent, the death of a respondent shall not affect the liability of the other respondents to pay maintenance to the applicant.

(3) The applicant may apply to the Board to re-apportion the liability among the surviving respondents on the death of a respondent."

You will therefore be entitled to receive maintenance until death.

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National Legal Aid Conference October 31 to November 2

Agenda

Opening session: October 31.

Venue and time: BASL Auditorium at 3.00 p.m.

Inauguration speeches: S.S. Wijeratne, Chairman, LAC, Justice Hector S Yapa, DG, LAC, U.R. de Silva - Secretary, BASL.

Address by chief guest: Justice Nissanka Udalagama, Director, Judges Training Institute.

3.45 p.m. to 4.30 p.m.: Sajeewa Samaranayake, AAL, Child Protection Specialist - "Protecting Child Rights through Courts".

4.30 p.m. to 5.30 p.m.: S.S. Wijeratne - Convener, NCVC - "The Bill on Assistance and Protection to Victims of Crime and Witnesses".

Plenary Session I: November 1 at Youth Council Auditorium, Maharagama

9.00 a.m. to 10.00 a.m.: Ms. Viji Jegarajasasingham, Secy. Ministry of Social Service.

Dudley Karunaratne, Chairman, Elders' Claims Board - 'LAC role in protection of Elders' Rights'.

10.00 a.m. to 10.45 a.m.: Manohara de Silva, PC. - 'Drafting pleadings'.

10.45 a.m. to 11.15 a.m.: Refreshments.

11.15 a.m. to 12.00 p.m.: Rohan Sahabandu, AAL, - 'Appeals'.

12.00 p.m. to 12.45 p.m.: Justice Hector S. Yapa - 'Appellate, Revisionary and Writ Jurisdiction of High Court'.

12.45 p.m. to 1.45 p.m.: Thisath Wijegunawardene, AAL - 'Divorce and Maintenance Application'.

06.00 p.m.: 'Neethi Sarana Gee Miyasiya'

Plenary Session II: November 2 at Youth Council Auditorium, Maharagama.

9.00 a.m. to 9.45 a.m.: Uditha Egalahewa, AAL - 'Termination of Employment'

9.45 a.m. to 10.15 a.m.: 'Improving Legal Aid', General discussion from LAC Centers.

10.15 a.m. to 11.00 a.m.: Ms. Uma Wijesinghe, AAL, Head of Human Rights Bureau - 'Implementation of ICCPR Act No. 56 of 2007'.

11.00 a.m. to 11.15 a.m.: Tea

11.15 a.m. to 12.00 p.m.: Ms. Nelum Gamage, Consultant - 'Management of Legal Aid'.

12.00 p.m. to 12.45 p.m.: S.S. Wijeratne, Chairman, LAC - 'Summary and recommendation'.

01.00 p.m.: Lunch and adjournment.

Legal Aid Commission

The Bar Association of Sri Lanka and the Ministry of Justice and Judicial Reforms have completed their respective appointments to the Commission under Section 5 of the Legal Aid Law No. 27 of 1978 as follows:

Elected members to LAC by the Bar Council:

1. S. S. Wijeratne, AAL (Chairman), President, Child Protection Society of Ceylon.

2. Upali Gooneratne, AAL (Former President, BASL)

3. Manohara de Silva, PC.

4. Rohan Sahabandu, AAL (Chairman, Legal Aid Foundation of BASL).

5. Swarna Perera, AAL (Negombo)

6. Thisath Wijegunawardene, AAL.

Nominees of the Ministry of Justice and Judicial Reforms:

1. Mrs. Kamalini de Silva, AAL (Addl. Secretary (Legal), Ministry of Justice)

2. Dr. W. D. Rodrigo, AAL (Principal, Sri Lanka Law College)

3. Uditha Egalahewa, AAL Secretary to the Commission: Ms. Lilanthi de Silva.

Executive Staff:

1. Justice Hector S. Yapa (Rtd. Judge of the Supreme Court) Director-General

2. Nelum Gamage (Former Additional Secretary to the Ministry of Justice)

International days celebrated by LAC

November 16 - International Day of Tolerance

November 20 - Universal Children's Day

November 25 - International Day for the Elimination of Violence against Women

December 1 - World AIDS Day

December 3 - International Day for Disabled Persons

December 5 - International Day for Volunteerism

December 9 - International Anti-Corruption Day

December 10 - Human Rights Day

December 18 - International Migrants Day

Disclaimer

The answers to questions are the legal views of individual lawyers and the Legal Aid Commission only compiles them for the Daily News Legal Aid Page.

Your questions should be addressed to - Daily News Legal Aid Page, Chairman, Legal Aid Commission, No. 129, Hulftsdorp Street, Colombo 12. Email: [email protected] Website: www.lawaid.org