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Contents

Part II · Establishment of the National Authority for the Implementation of the Chemical Weapon’S Convention

19. Prohibition to develop, produce, acquire, &c. chemical weapons

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Any person who—

(a)

uses a chemical weapon ;

(b)

develops or produces a chemical weapon ;

(c)

acquires, stockpiles or retains a chemical weapon ;

(d)

transfers, directly or indirectly, any chemical weapon to another person ;

(e)

engages in any military preparations to use a chemical weapon ;

(f)

knowingly assists, encourages or induces, any prohibited activity ; or

(g)

uses any riot control agent as a method of warfare, shall be guilty of an offence under this Act and be punished with imprisonment of either description for a period not exceeding twenty years and a fine not exceeding one million rupees.

(2)

The prohibition contained in subsection (1) shall not apply to the retention or possession of chemical weapons by an inspector appointed under section 17 or an international inspector, pending destruction of such weapons under the authority of this Act or any regulation made thereunder or any other written law.

Chemical Weapons Convention

(3)

In proceedings for an offence under paragraphs (a), (b), (c), (d), (e), (f) or (g) of subsection (1) relating to an object, it is a defence for the accused to prove that—

(a)

he neither knew nor suspected or had reason to suspect that the object was a chemical weapon or riot control agent, as the case may be ; or

(b)

as soon as reasonably practicable after he first knew or suspected it to be a chemical weapon or riot control agent, as the case may be, he took all reasonable steps to inform an authorized officer of his knowledge or suspicion.

(4)

Nothing in subsection (3) shall prejudice any defence, which is open to a person charged with an offence under this section.