Legal Aid Commission

We wish all our readers a prosperous and peaceful New Year 2011 - Legal Aid Commission of Sri Lanka:

Legal empowerment

At the beginning of every New Year it is customary for both individuals and organizations to set up objectives to be achieved in the ensuing twelve months.

Many of these objectives are never realized, sometime abandoned in few weeks or months. Vicissitudes of human life militates against over planning of the future as have happened in many centrally planned countries in the ‘90s. The LAC set up by Law No. 27 of 1978 to provide legal assistance to deserving persons would be completing 33 years in 2011 with a satisfactory record.

The LAC, until 2005 did not receive sufficient resource support from the State to have a credible and comprehensive program for legal empowerment of the poor in the country.

The situation has improved since then when the number of legal aid centres has increased from 9 to 63.

The latest centre was opened in the Court Complex in Tengalle in November 6, 2010, by President Mahinda Rajapaksa.

The LAC plans to establish 10 more centres in 2012, in remote judicial areas like Point Pedro, Puttalam, Kekirawa and Galgamuwa. Sri Lanka has approximately 85 court complexes in which legal aid should be made available to the poor.

The LAC vision is to establish Legal Aid Centres in every court complex as the poor litigants residing in one Jurisdiction cannot seek justice in different courts due to reasons of jurisdiction.

In a recent meeting with the LAC, President Mahinda Rajapaksa suggested that the LAC in 2011 should host an international conference on access to justice. Our second objective for 2011 would be to organize such an event which has never happened in the world before.

The LAC will seek international co-operation to make this event a success. Despite the ambitious Legal Empowerment of the Poor (LEP) program of the UNDP and World Bank with a high powered consultative process, the access to justice as a fundamental human right is yet to become a global reality.

The third objective of the Commission is to obtain the fullest co-operation of International Donor Agencies to complete the outstanding legal aid projects.

The LAC played a crucial role in the legal recovery of tsunami survivors. The LAC thanks to the Asia Foundation, JICA and the ADB for the resource assistance for legal support for Tsunami recovery.

However, one major omission had been the legal neglect of 3,000 tsunami orphans who has fallen in between legislation and who remain legally unrecognised and unassisted. The LAC will join with Child Protection Authority to at least partly to rectify the situation.

The LAC, by law, is, a non-profit making independent institution with six elected Representatives of the BASL who perform honorary functions with three nominees named by the Minister-in-charge of the subject of justice. The LAC in 2011 would further strengthen this independent position which is the essence of the independence of Legal Aid in Sri Lanka.

The LAC through its development legal aid units would usher a programme of Meta-Legal Action to galvanise public support for enactment of new laws and more effective implementation of existing laws, i.e., Elders Protection Law, Domestic Violence Law, Tobacco and Alcohol Act and the new ICCPR Act.

The sixth agenda item of the LAC would be to expedite the pending legislation on victims and witnesses assistance and protection which is scheduled to come before Parliament in 2011.

Already the LAC centres, under a MOU with National Centre for Victims of Crime (NCVC) provide free legal representation to victims of crime in courts islandwide. The main obstacle encountered by legal aid lawyers in victims’ representation is the absence of a specific national law to support their legal action.

The seventh and eight objectives of the LAC in 2011 are to obtain technical co-operation to establish a Closed Circuit Television (CCTV) at the Battaramulla Juvenile Court to facilitate traumatised minors to give evidence in safety and without adverse psychological after effects.

We will also need donor co-operation to establish a DNA testing lab at Hulftsdorp to help in the increasing demand for DNA testing in criminal and maintenance cases. In 2007 nearly 60 percent of legal aid cases were maintenance cases where paternity was denied. The stranded poor women could not afford the fees charged by the Private DNA Testing Labs. This facility should be available at reasonable fees when court orders such tests to be carried out.

S S Wijeratne

Email: [email protected]
 

[Questions and Answers]

Department of Immigration and Emigration

Question: Please let us know what kind of services can be obtained by the Department of Immigration and Emigration in Sri Lanka.

Anscar Hambantota

Answer: The department of Immigration and Emigration was established in 1948 under the Immigrant and Emigrant Act No. 20 with the sole purpose of legalizing immigration and emigration within Sri Lanka.

Services to the public

1. Disposal of application for Citizenship.
2. Grant applications for Dual Citizenship
3. Application for Registration for a Birth outside Sri Lanka (Ceylon)
4. Grant of Citizenship to Stateless
5. Issue of Travel Documents to Sri Lankans
6. Issue and extension of Visas to foreigners to enter into and stay in the country.

Types of Visas

1. Multiple Entry
2. Visit
3. Resident

Visa for Expatriates

* Visa for Spouses
* Resident Guest Scheme

4. Transit

* Removal/Deportation of undesirable foreigners and those who have overstayed in Sri Lanka.

Types of Visa

Question: Can you explain me the types of visa and its eligibility to the public?

Bandara Kalutara

Answer:

Types of Visa

* Multiple Entry Visa / Visit Visa
* Resident Visa (Expatriates & Spouse)
* Resident Guest Scheme
* Transit Visa

Multiple Entry Visa

Being a foreign national who desires to invest monetary capital or to engage in business activities in Sri Lanka. (Documentary proof is required)

Visit Visa

Being a foreign national who desires to enter Sri Lanka, who holds a return air ticket and sufficient funds (currency/traveller’s cheques/ credit card) for maintenance.

Resident Visa (Expatriates & Spouse)

The following refers to Expatriate and Spouse Visas

1. Expatriate personnel whose services are required for projects approved by the State.
2. Expatriate personnel employed in projects under Board of Investment of Sri Lanka.
3. A foreign national

- Who desires to invest monetary capital or

- To engage in business activities in Sri Lanka.

4. Members of the Clergy.
5. Religious Workers and Religious Students.
6. Volunteers.
7. Personnel attached to Non-Governmental Organizations.
8. Foreign students

- In Universities

- Educational Institutions approved by the State

- Other Institutions

9. Registered Indians covered by the 1954 Agreement.
10. Ex-Sri Lankans.
11. Spouses of Sri Lankans.
12. Children of Sri Lankans but holding foreign nationality.

Important

To obtain a Residence Visa, it is necessary to arrive in Sri Lanka on an Entry Visa issued by a Sri Lanka Mission abroad with the concurrence of the Controller of Immigration and Emigration.Visit Visas issued without the Controller’s approval will not be considered for conversion into Residence Visas.

Spouse Visa

Residence Visas will not be issued to -

a. deportee

b. a person overstaying beyond the given period

Resident Guest Scheme

Investors who are able to remit a minimum amount of USD 250,000. Professionals who can contribute to the socio-cultural enrichment of the country and who are able to remit USD 2,000 p.m. for maintenance.

Transit Visa

Being a foreign national who desires to travel through Sri Lanka as an incident of his/her journey.

E- PAYMENT

Question: What is the legal position relating to payment in E transactions.

Amanda Sent by email

Answer: Normally a payer(Computer Operator) has to give credit card details or bank details the prior arrangements entered in to with Bank. Once the payer enters these details the transactions will be completed.

Under normal circumstances, however, countries in the Europein Union, Australia and the United States, priority has been given to the satisfaction of the consumers.

In the Europian Union E transactions are governed by E Commerce directory. Within a specified time period consumers are entitled to return the goods or to complain on services to the seller and claim the money paid to the Bank.

In Australia E-commerce guidance may give protection to consumers and it is the duty of the seller to provide all details about goods or services offered to the consumers.

If the consumer is satisfied he has to agree unconditionally and inform to the seller before the payment - e.g. shrink-wrap conditions.

If you are familiar with online business you should have read the condition before you enter purchasing goods. You have to read certain terms and conditions and required to click button. It’s a “I accept” button. It is sellers presume that you understood the terms and conditions or other statement relating to the quality of goods and services properly. Currently we do not have a Data Protection Act or e-commerce guidance relating to online purchasing. Therefore the consumer has to take all precautions prior to entering in to transactions. At the moment there is a risk.

Death certificate

Question: How to obtain a death certificate of a person who died in Sri Lanka?

Ranasinghe Sent by email

Answer: A Sri Lankan who dies within the divisional boundary of the secretariat is eligible to obtain a copy of the death certificate from the Divisional Secretariat of the Division in which the death took place.

If the death occurred outside the area of residence one must go to the Divisional Secretariat of the area in which the death occurred.

The procedure to be followed.

Obtain an application form

- Applicant must obtain an application form from the inquiry desk or from the relevant certificate Registrar of any divisional secretariat.

- Applicant prepares and fills application form. 63 A

- The supporting documents that should be accompanied to prove that the death occurred are as follows:

If the death is registered after 3 months has elapsed the following documents have to be produced:

* Grama Niladhari’s Report, if the death occurred at the residence.

* Medical Officer’s Death Report if the death occurred in hospital

* Request letter

* Death notice

* Evidence of 2 eye witnesses through affidavits.

* Buddhist priests who participated in the pansukula or clergy who participated at the burial

* If there is a funeral assistance Society, oral evidence of the office-bearers of that society

If a sudden death, the Inquest Report of the Inquirer into Sudden Deaths

Hand over application required

Applicant has to go to the Registrar and submit the application or post the application along with a stamped envelop, addressed to the Registrar

Note:

- Applications must be sent in only by Registered Post if it is being posted.

- Applicant must first inform the Grama Niladhari as soon as the death takes place. After which the Registrar must be informed before the expiry of 5 days after the death.

-The death certificate will be posted to the applicant in due course.

Applications accepted during:

9.00 a.m. - 12.30 p.m.

1.00 p.m. - 4.45 p.m

Birth Certificate

Question: My wife’s sister has a son named Nimal. His father eloped with another woman when his mother was pregnant with another baby. We do not know the whereabouts of his father. His mother had been working in the estate sector. Nimal has been born at a hospital in Nuwara Eliya. His mother has not even bothered to get his Birth Certificate as she was illiterate. Please help me how to get Nimal’s Birth Certificate.

Ananda Badulla

Answer: You can get the Birth Certificate of your nephew Nimal under the Births and Deaths Registration Ordinance. The procedure is given below:-

One of the parents or an interested party should forward a declaration containing all particulars relating to the birth to the Divisional Secretariat to which the place of birth belongs. Following documents should be produced with the declaration.

a. A certificate obtained from the Divisional Secretariat to the effect that the birth has not been registered.

b. A list of brothers/sisters of whose birth has not been registered.

c. Certificate of Marriage of the parents, if they are married.

Written evidence should be produced in proof of the application made in the declaration, as follows:-

1. One of the following documents which includes the date and place of birth of the subject (the person concerned);

a. Hospital birth report or a certified copy of it.

b. Grama Niladhari’s report or a certified copy of it.

c. Estate birth report or a certified copy of it.

d. A copy of the midwife’s register of births.

In the absence of the documents stated in above (1), one of the following documents may be acceptable.

a. Horoscope or the record of the time of the birth which has been prepared on a proximate date after the date, on which the birth occurred.

b. Health Progress Card.

c. Certificate of baptism.

d. A certified copy of the admission registers to the school for the first time.

e. Student’s Record Sheet.

If none of these documents could be forwarded, a declaration containing birth particulars and an affidavit from the declarant should be produced.

The application should be made in the declaration form of Registration B 06

Stamps for the declaration

Within twelve months from the occurrence of the birth - Rs 1.00

After lapse of over 12 months from the occurrence of the birth - Rs 5.00

If need any assistance or further advice, you could visit our Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12 during weekdays from 8.30 a.m. to 4.30 p.m.

Copy of Marriage Certificate

Question: I wish to get a copy of my Marriage Certificate. We are Kandyans and we got married on March 22, 1979. Please let me know how to obtain a copy of my Marriage Certificate.

Chulanga Kurunegala

Answer: If you know the date and year of marriage, you could visit the Divisional Secretariat’s Office, where you got married (Births/Deaths & Marriage Registrar) and obtain Form 121.

The duly completed Form 121 should be submitted together with uncancelled stamps in payment of charges. If stamps are sent by post, it is advisable to send them under registered cover. All applications should be accompanied by a self addressed envelope.

If the certificate is required to be sent under registered post, the required registration fee should be affixed to the cover.

The certificate will be issued in the language it had been registered. If a translation is desired a separate application in the relevant form must be made to the appropriate District Registrar or the Registrar-General’s Office, Denzil Kobbekaduwa Mawatha, Battaramulla.

The relevant stamp fees is given below:-

Where the date of registration or the number of the entry is given the stamp fee for one copy of the certificate is Rs 25.

Where the date of registration or the number of the entry is not given and a search of registers not exceeding three months in involved fee for one copy of the certificates is Rs 50.

Search of registers only For a period not exceeding two years the stamp fee is Rs 100 (No application for search shall exceed a period of two years.)

Please do not pay any other fee other than stamp fees mentioned herein.

Loss of original Power of Attorney

Question: My son and daughter have given me the power of attorney in respect of their properties. I have now lost the original power of attorney given to me. However I have a copy of the same. The power of attorney was registered in the Colombo Land Registry.

Please advice me through your Daily News Legal Aid Page whether I could obtain the power of attorney.

Munasinghe Hambantota

Answer: You cannot obtain the original Power of Attorney again. The procedure is after signing the power of attorney, the original is given to the respective parties and the relevant Land Registry may keep the copy of the said power of attorney.

In order to get a certified copy of the power of attorney, you have to write a letter to the relevant Land Registry explaining your reasons. If you have a photocopy of the said document you have to attach the same and apply for a certified copy of the power of attorney together with stamps to the value of Rs 111 (100x10 x1). The relevant Land Registry will thereafter issue you with a certified copy of the power of attorney.

Last will

Question: Please let me know the purpose of writing a Last Will. In case there is no Last Will written, what are problems that may arise? Your kind advice is solicited.

Punchirala Dompe

Answer: A living person who wishes to state the manner in which his property should be handled and the manner in which such property should be inherited after his death conveys his wishes by means of a document known as a Last Will. The purpose of writing a Last Will -

* It is evidence in writing received to ensure that after his death his property is inherited in the manner anticipated by him.

* You may have had a desire to carry out your obligations by transferring your property and money.

* If you hope to set apart of your property to person outside in addition to your close neighbours or in a meritorious act it could be done in the manner required by writing a Last Will.

In case where a Last Will is not written mentioning the manner in which the property should be divided, problems may arise after your death resulting in delay in distribution. If there is no Last Will written, since there is no record of your wishes the property will be distributed not in the manner you anticipated but according to the prevailing law. In addition the relevant heirs will have to bear heavy expenditure to obtain same.

Customs Department

Question: What are the main functions of the Sri Lankan Customs?

Samarakoon Katunayaka

Answer: The Customs Services was established in 1809. Though its activities have over a period of time diversified, its primary role still continues to be the enforcement of the Customs Law and other related laws, collection of revenue and trade facilitation. The Customs Department collects a substantial percentage of Government tax revenue by way of Customs Duty and other duties/taxes. The Department is entrusted with the enforcement of legal provisions under many other laws and enactments, by way of prohibitions and restrictions, mainly to protect and safeguard national security, economic interests, public health and environment etc.

With the advent of the liberalized economy and great emphasis being placed on facilitation, the Customs too has set in motion very many schemes to reflect this change in Government policy.

1. Main Functions

* Implementation of Government Policies relating to tariff, trade and social protection laws.

* Assessment and collection of duties/taxes and other levies on behalf of other acts and State agencies.

* Implementation (granting) of duty (tax) waivers, exemptions and concessions.

* Securing of duties and other levies and accounting of the same.

* Refunds, drawbacks and rebates of Customs duty.

* Prevention and detection of smuggling, commercial frauds and trafficking of narcotic drugs.

* Enforcement of laws relating to prohibited and restricted goods.

* Investigating and inquiring into offences committed under the Customs Law and other related Laws.

* Penalizing offenders/seizure of forfeited goods.

* Disposal of goods forfeited.

* Clearance of import and export cargo.

* Clearance of passengers and passengers’ baggage.

* Computerization of cargo and passenger clearance procedures.

* Implementing fiscal measures for the protection of local industries and agricultural products.

* Management of Export Facilitation Schemes.

* Management of Warehousing of Goods (Bonds Scheme).

* Monitoring of export oriented industrial schemes.

* Compilation and issue of Trade Statistics.

* Providing information/classification rulings etc.

* Regular dialogue with Trade Chambers- Forwarding Agents-CHAA

* Conducting training /awareness programs.

* Regular communication with the World Customs Organization on matters relating to Nomenclature, Classification, Valuation and Enforcement Techniques.

* Coordination of work with line agencies and government Departments for exchange of information : Inland Revenue Department, Ministry of Finance and Planning, Export Development Board, Excise Department etc.