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srilawsby aturio
As enacted
Contents

Part III

127. Miscellaneous offences

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Any person who –

(a)

interferes with a person who is to be, or has been, examined by the Commission;

(b)

interferes with a person summoned in any proceedings instituted under this Act in or before a court of law;

(c)

induces a person to refrain from giving evidence in any proceedings under the Act, in any court;

(d)

threatens a person with injury to such person’s body, mind or reputation in order to deter such person from giving evidence in any proceedings under the

Act in any court;

(e)

injures a person in body, mind or reputation in order to deter such person from giving evidence in any proceedings under the Act in any court;

(f)

compels a person not to give evidence in any proceedings under the Act in any court;

(g)

without reasonable cause fails to appear before the

Commission at the time and place mentioned in a request served under this Act;

(h)

without reasonable cause refuses to be sworn or affirmed or, having been duly sworn or affirmed, refuses or fails to answer any question put to such person regarding the matters being investigated by the Commission;

(i)

without reasonable cause refuses or fails to comply with the requirement of a notice or written order issued or made to such person by the Commission;

(j)

falsifies, conceals, destroys or otherwise disposes of or causes or permits the falsification, concealment, destruction or disposal of any document or material or thing which is or is likely to be relevant to the exercise, performance or discharge of any power, duty or function under this Act;

(k)

falsifies, conceals, destroys or otherwise disposes of or causes or permits the falsification, concealment, destruction or disposal of any document or material or thing which is or is likely to be relevant to the execution of any order made in accordance with the provisions of this Act;

(l)

destroys or otherwise disposes of any document or material which such person knows or has reason to believe is relevant to an investigation under the

Prevention of Money Laundering Act, No. 5 of 2006

or the Convention for the Suppression of Financing of Terrorism Act, No. 25 of 2005;

(m)

divulges the fact that a report has been made or any information has been provided to the Commission in terms of any provision of this Act, or that an investigation into an offence is being, or is about to be made, or divulges any other information to another person whereby such investigation is likely to be prejudiced; or

(n)

conceals or retains proceeds or any part thereof of the results of the proceeds of an offence under this

Act, whether or not he conceals or retains such proceeds directly or indirectly through intermediaries or conceals or retains for his own benefit or for the benefit of another person or an entity, commits an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding one million rupees or to imprisonment for a term not exceeding seven years or to both such fine and imprisonment.

(2)

The provisions of subsection (1) shall not apply to disclosures made to -

(a)

an officer or employee or agent of the person making a report under this Act for any purpose connected with the performance of that person’s duties;

(b)

an attorney at law or legal advisor for the purpose of obtaining legal advice or representation in relation to any matter; or

(c)

the supervisory authority of the relevant institution, in so far as it is related to the discharge of the functions of the supervisory authority.

(3)

No person referred to in paragraph (b) of subsection (2) to whom any disclosure of information has been made, shall disclose that information other than to a person referred to therein, in so far as it is necessary for -

(a)

the performance of the first-mentioned person’s duties; or

(b)

obtaining legal advice or representation in relation to the matter.

(4)

No person referred to in paragraph (c) of subsection (2)

to whom the disclosure of any information has been made shall disclose that information except for the purpose referred to in that subsection, or for the purpose of obtaining legal advice or making representation in relation to a matter to the

Financial Intelligence Unit established in terms of the

Financial Transactions Reporting Act, No. 6 of 2006.

Read on from s 128

Part IV

General

Read on from Part IV

Part V

Transitional Provisions and Savings

Read on from Part V

Schedules