- Says Directors to prove company offence committed without their knowledge or due diligence exercised
- Warns copyright, trademark, excise offences classed as ‘serious crimes’, and detention up to one year on Secretary’s order, bail only from High Court
- Notes Gazetted terror Bill departs significantly from Committee-approved draft
The BASL said the Bill also sets aside the rules that make confessions to police officers inadmissible, allows statements signed by an accused in police custody to be proved against him, and denies persons sentenced under it eligibility for any early release scheme.
“These provisions erode the principle that a person is presumed innocent until proven guilty and, together with the detention regime, amount to an overreach by the Government that threatens the freedoms of association and movement and the liberty of the citizen,” the BASL said.
The OCB classifies as “serious crimes” all offences punishable by imprisonment of four years or more, together with approximately 50 offences listed in its First Schedule. These include copyright and trademark infringement, excise and forest offences, and gambling licensing offences. The Bill’s extraordinary powers apply where such an offence is committed by a member of an “organised criminal group”, meaning a structured group of three or more persons acting in concert to obtain a financial or other material benefit. The group need not have formal roles, continuity of membership or a developed structure.
“These provisions would appear to be far broader than anything required to combat organised crime,” the BASL said.
A person may be arrested and held on a Detention Order issued by the Secretary to the Ministry of the Minister to whom the subject of the Sri Lanka Police Force is assigned. The Magistrate is bound to give effect to the order, for periods of up to two months at a time and up to one year in all, with bail available only from the High Court.
“At no stage before the order is issued does a court decide whether detention is necessary. In effect, the OCB seeks to bypass the judicial process in arresting and detaining persons for any offence of this breadth,” the BASL said.
The BASL said there was no public consultation in the preparation of the OCB, and that it was neither consulted nor informed of its drafting.
On the Protection of the State from Terrorism Bill (PSTA), the BASL said the Bill as gazetted departs significantly from the draft approved by the Committee appointed to review the Prevention of Terrorism Act (PTA).
“The BASL’s nominees have informed the BASL that these changes were not referred back to the Committee or brought to the attention of its Chairman or members before publication,” it said.
The BASL has filed a Special Determination Application before the Supreme Court under Article 121 of the Constitution against the PSTA. It has called on the Government to withdraw the PSTA in its present form and to withdraw the OCB.
- https://www.ft.lk/top-story/Crime-Bill-puts-burden-on-company-Directors-BASL/26-798975
