Legal Aid Commission

Justice for the Poor

Equitable justice for the poor is an unattainable slogan. All historical forms of governance of the many by one or few is about rule of power and not about rule of law. In any form of governance including laws that are to be up held by the many are made by a few.

The concentration of absolute power in a few effected or selected flunkys ultimately creates problems. Rule of law merely symbolizes in reality becomes a rule of a handful counter balances of absolute authority, an independent judiciary or independent public service become impotent tokens only supporting the Charade. The historical process in Sri Lanka has largely being monarchical. Democracy was an artificial Implant Imposed by British in 1931 expecting cynical results. The class basis of family power perpetuated by colonials for their convenience by and large continues even up to date.

Anglophone chroniclers of recent Sri Lankan events over powered by the tomes in the British Colonial achieves without exception, have perpetuated the fallacy of our vibrant democracy, Political party based democracy, is a misnomer. Independent political flunky’s in the rank and file is anathema to effective party organizations. Once a leader inherits the mantle of leadership, absolute power will radiate from his person but will be exploited by the kith and kin who has free access to the leader. Access to power becomes power itself and many abuses of power occurs in the process even without the knowledge of the fountain of Power .

Abuse of power gradually permeates in all aspects of governance. Further, modern methods of perpetration of power and mass deception can sustain the fiction of democracy for longer periods of time perhaps perpetually.

S S Wijeratne

ICLP launches Shipping Studies program

For the first time in the history of Sri Lanka, a program specialising in shipping law has been launched within the country. This new cutting edge course created by a joint venture between the Ceylon Chamber of Commerce and the Institute for the Development of Commercial Law and Practice (ICLP) aims to assist the Government of Sri Lanka in developing the academic infrastructure necessary to facilitate Commercial development within the country.

The course “The Certificate course on Shipping Law and Practice (CSLP)” will provide the academic knowledge necessary to cater to the drastic growth in the shipping industry anticipated in Sri Lanka in the coming years.

The course will be open to those in the shipping industry as well as professionals and lawyers who want to be part of the maritime industry in the future.

Taught by a leading panel of experts and industry leaders including Justice P A Ratnayake, K Kanag-Isvaran P C, Dr Harsha Cabral P C and Dr Parakrama Dissanayaka, the course intends to present the faculty with a comprehensive understanding of the maritime industry of Sri Lanka. Those who graduate will possess a thorough knowledge on maritime and admiralty Law and be versed in other areas such as Carriage of Goods by sea, Charterparties, Port Operations, Maritime Insurance, Custom Formalities etc.

Sri Lanka since prehistorically times has been a centre of the shipping industry and transit trade due to its position in the Indian Ocean, its numerous bays and anchorage locations in maritime trade routes and adequate facilities for ships. During the era of China’s Eastern Han Dynasty (1 CE) Sri Lanka was part of the trade route between China and the Mediterranean ports and later became a major player in the maritime silk route. During various periods in its history different ports within the country including natural ports such as ‘Mathotam’ in Mannar district and ‘Thirukonamalai port’ in the Trincomalee district and the ‘Kolomtota port’ in the Colombo district have played an important role in the development of the country.

The Port of Colombo has been used as the main port in Sri Lanka since the 1980s. It is the busiest port in the country and ranks among the top 35 ports in the world. But its services are catered towards container handling and thus it is unable to provide facilities for port related industries and services including services to ships.

Therefore the creation of a new man made port was proposed in Hambantota, a city located on the Southern tip of Sri Lanka and ideally situated six to ten nautical miles (19 km) away from key shipping route between the Malacca Straits and the Suez Canal.

The aim of this development was to relieve pressure on the Colombo port and also provide services to ships that normally take three-and-a-half day detours from their shipping lanes. These services include refuelling, maintenance, logistics and buying provisions and medical supplies.

It is expected that Sri Lanka’s position as a leader in the South Asian maritime industry will be cemented with the completion of the Hambantota international port in 2014. When the port is fully complete it will be able to berth 33 vessels at any given time and would be the biggest port in South Asia.

Its location along the intersection of major international sea trading routes will result in an estimated 36,000 ships, including 4,500 oil tankers, using the route annually. It is expected this development will initially generate more than 25,000 direct and indirect Jobs within the country. The amount of jobs created is set to increase drastically in the next decade.

This Certificate course which expands for three to four months will definitely enhance the capacity of the personnel in the industry. For further details contact the registrar on 2346163/4, 0775375998.

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.

Yours 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

Questions and Answers

Re. company records under Companies Act No 7 of 2007

Question: We have a Company owned by our family. Under the new Companies Act No 7 of 2007, kindly let us know the procedure that we have to apply with regard to company records and what do you mean by company records?

Nilantha Makola

Answer: Under the Companies Act No. 07 of 2007, a company must keep its records at the Registered Office of the Company. Company records include the -

* The certificate of incorporation, the articles, minutes of meetings

* Resolution of shareholders, directors committee held or passed within the previous ten years, interest register certificates given by the directors in terms of the requirement of the act within past ten years

* The register of the directors

* Copies of written communication to shareholders during the previous ten years, including annual reports copies of the all financial statements for the last ten completed accounting periods

* Copies of all instrument creating or evidencing charges and the register of the charges and the share register and accounting records required by the section 148 of the act for the current accounting period and the last ten accounting periods of the company.

The 10 year requirement for the maintenance of records may be reduced by the Registrar where he considers it necessary and appropriate.

You must give notice to the Registrar if these records are to be kept in any place other than the Registered Office. Further the accounting records may be kept in a place other than the Registered Office provided that the formalities of section 149 of the Act are complied with.

All Company records must be kept in written form or in a manner that can be easily accessed and converted in to written form . It is also necessary that the company should take measures to prevent falsification and direct falsification of records.

Community based corrections Act No. 46 of 1999

Question: What are the factors considered in assigning unpaid community work under the community based corrections Act No. 46 of 1999?

Thanuja Kribathgoda

Answer: According to the community based corrections Act No 46 of 1999 Section 10 states that:

“In assigning the unpaid community work to be performed by an offender in respect of whom a community based correction order has been entered, the officer in charge of the community corrections center specified in such order shall have regard to the age, health, education and religious and cultural beliefs of the offender, the distance of the proposed worksite from the residence or place of employment of the offender and the possible interruption of the education or employment of the offender.

Transferring property to children and wife

Question: When a person dies without transferring his property to his children and wife, what steps can we take? Is there a new law regarding this? Please explain.

Chamara Narahenpita.

Answer: Yes, a new law has been introduced by Civil Procedure Code Amendment Act No 11 of 2010. According to section 11 of this new Act the earlier legal position has been changed. An extract is given below.

Section 545 of the principal enactment is hereby repealed and the following section substituted therefore;

No person shall effect any transfer of any property movable or immovable, in Sri Lanka, belonging to or included in, the estate or effects of any person dying testate or intestate in or out of Sri Lanka within five years prior to the effecting of the transfer, unless grant of probate has been issued in the case of a person dying testate, or letters of administration or certificates of heirship have been issued in the case of a person dying intestate and leaving an estate amounting to, or exceeding four million rupees (Rs. 4 Million) in value.

The above provision is applicable with effect from 5th October 2010.

Relevant Govt Departments

1. Telecommunications Regulatory

Commission

TRCSL - General Contact
No 276, Elvitigala Mawatha, Colombo 8.
WP, Sri Lanka.
[email protected]
+94 112 689345 http://www.trc.gov.lk
Short Code 1900

2. Registrar General’s Department,
No. 234/A3, Denzil Kobbekaduwa Mw,
Battaramulla, Sri Lanka.
Tel: 011 2889488/0112889489
Fax: 0112889491 /0112889492
Email: [email protected]

3. Department of Motor Traffic,
No. 341, Alvitigala Mawatha, Colombo 5,
Narahenpita.
Tel 011 2694331 / 2694332 / 2694333
2694334 / 2694335 / 2694336

4. Department of Registration of Persons
C45, Keppetipola Mawatha, Colombo 05.
Tel: 011-2583199, 011- 2508022
Fax: 011-2593634
E-mail: [email protected]

5. Land Commissioner General’s Department,
No 7, Gregory’s Avenue, Colombo 7.
Telephone No: +94-11-2677166
Email:[email protected]

6. Department of Examination,
PO Box 1503, Colombo, Sri Lanka.
Telephone: +94-11-2786200, 2784203/4
Fax: +94 - 112785220
Email: [email protected]

Police Clearance Certificate

Question I am a citizen of Sri Lanka, I am going to apply for a citizenship certificate in Australia. How can I get a Police clearance certificate?

Priyadarshani Gampaha

Answer: You can apply for a police clearance certificate from the Police Headquarters. The instructions are as follows:

The application form received from Police headquarters should be perfected properly and handed over at the counter.

Foreign applicants could download the Application form from the website, perfect same and hand it over to the Sri Lanka High Commission of their country.

Foreign applicants could also submit their downloaded and correctly perfected applications individually, direct to the Inspector-General of Police, Police Headquarters, Colombo 1.

Applicants handing over their applications at Police Headquarters should pay a sum of Rs 500 and obtain a receipt for same.

Foreign applicants should pay a sum equivalent to Sri Lanka Rs 1,000 at the Sri Lankan High Commission in their country and obtain a receipt for same.

Foreign applicants submitting their applications individually direct to Inspector General of Police should send a draft or Cheque equivalent to the sum of Sri Lanka Rs 1,000 to A/C No. 007041413 payable at Taprobane Branch, Bank of Ceylon, Colombo 1, Sri Lanka. The Police Clearance Certificate would be sent direct to the applicant.

Foreign applicants could sent an application through Sri Lankan High Commission should pay a sum equivalent to Sri Lanka Rs 1,000 at the Sri Lankan High Commission in their country and obtain a receipt for same. The Police Clearance Certificate would be sent to the same High Commission.

In case there being no Sri Lanka Embassy/High Commission, fill up the application and send with a remittance to the equivalent of Rs 1,000 (One Thousand Sri Lanka Rupees) in respect of each application. The remittance should be drawn in favour of the Inspector General of Police, Sri Lanka. The application(s) and the remittance should be sent under registered post to the Deputy Inspector General of Police, Police Headquarters, Colombo - 01, Sri Lanka. The application should be perfected. The applicant should write his/her address, periods and the Police area during the period he/she lived in Sri Lanka correctly.

The under mentioned documents are collected by the Police Headquarters to compile the Clearance Certificate. The applicant need not to concern about this. Once all the documents are received the certificate could be issued.

Reports form the Officer in Charge of the Police Station. (Relevant Police Stations)

Criminal Investigation reports.
State Intelligence Service report.
Commissioner of the Registration of the Persons’ Department report.

Telecommunications Regulatory Commission

Question: What are the services, provided by the Telecommunications Regulatory Commission for the general public?

Kanchana Jayaweera Narahenpita.

Answer: Consumers could complain to Telecommunications Regulatory Commission on various issues relating to the services provided by all operators.

The Consumers could make complaints to the Commission on many issues such as for example:

Billing, Directory information services/Inquiries, Quality of service, Services for people with disabilities, Functioning of emergency call numbers, Public pay phones.

Premium Rate Services regarding consumer protection and New telephone installations. For example: delays.

The Internal Committee for Resolution of Consumer Complaints (ICRCC) was appointed by the Commission under section 9 of the Sri Lanka Telecommunications Act, No.25 of 1991 as amended by Act, No.27 of 1996.

Provisions in section 9 of the Act are as follows: (1) Where a subscriber to a telecommunication service or a member of the public makes a complaint to the Commission in relation to the telecommunication service provided by an operator, the Commission may make such investigation as it may deem necessary and shall cause such remedial measures to be taken as the circumstances of the case may require.

(2) In the course of any investigation under subsection (1),the Commission may direct such operator to take such steps as it appears to it to be necessary for the rectification of any cause or matter which gave rise to the complaint, and direct that financial redress be provided where appropriate.

(3) Every complaint made under subsection (1) shall be in writing and shall set out clearly the reasons therefore.

At the Telecommunications Regulatory Commission the Consumer Relations Unit is responsible for handling consumer complaints and the complaints which cannot be solved by the Consumer Relations Unit are submitted to the Committee for final resolution. Most of the complaints are related to telephone bills.

The inquiries are conducted in an absolutely transparent manner and parties to the disputes are invited for the hearing. ALL parties are given equal opportunities to speak and they do have the right to ask questions from eachother.

The minutes are recorded and sent to the parties and the recommendations of the Committee are submitted to the Commission for a final decision. The process requires principles of natural justice to be followed. The Committee has at all times insisted that all officers whose presence is required for the inquiry should be present with all the necessary information and documents relating to the dispute.

Many important decisions have been taken by the Committee so far. Recently the Committee inquired into complaints made by several consumers on excessive bills for International Direct Dialing facility (IDD) provided by Sri Lanka Telecom. It was brought to the notice of the Committee that this occurred due to Internet Dumping/Modem Hijacking. The Committee made several recommendations to the Commission in this regard.

At the request of the Chairperson of the Committee Sri Lanka Telecom provided three telephone numbers toll free to Sri Lanka Telecom customers. This is a great benefit to the consumers as they will not be required to pay for the calls taken by them to follow up on a written complaint made by them to the Commission. The telephone numbers are as follows : -

Toll Free Numbers:
SLT - 011-2662222, 011-2662215.
Lanka Bell - 011-5376159.
Suntel - 011-4514067.

Traffic offence

Question: I was unable to attend a Magistrate Court on the due date for a traffic offence. What shall I do?

Peral Amaraweera Marawila.

Answer: Either you can call over at the relevant Police Station to obtain the next date or motion be submitted to the Magistrates Courts where Traffic cases are taken up and conclude the case. You must also find out the order from the Police Station whether you were re-summoned or warrant issued. The best way of sorting out of a similar problem is to retain Attorney-at-Law in order to file motion. Remember to honour the Court date.

Educating children about traffic law

Question: How can a education programs be organized for School children on Traffic Regulations and Road Safety?

Metananda Mahara

Answer: Traffic Administration and Road Safety are primary functions handled by the Traffic Headquarters Division. This is being controlled and administered by the Director Traffic. Requirements of traffic demonstrations and lectures could be organized through the respective Police Stations where the OIC of the Police Station has to make an application to Director, Traffic Headquarters through their Divisional Senior Superintendent of Police.

If more details are required the Director Traffic, Police Headquarters could be contacted on Telephone Number 2324984 or OIC, Traffic Police Headquarters on Tel. No. 23245277. OIC Stations and Traffic Branches are instructed to conduct lectures on road safety in their respective areas.