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As enacted
Contents

Part II · Provisions Applicable to Institutions and Other Persons

13. Privileged Communication

Official English translation. The Sinhala text prevails.

(1)

Nothing contained in sections 4, 5, 6, 7 or 8 of this Act shall be construed as requiring a lawyer to disclose any privileged communication only if —

(2)

(a)

it is a confidential communication, whether oral or in writing, passing between —

(i)

a lawyer or legal advisor in his or her professional capacity and another barrister, solicitor, lawyer, attorney or legal advisor in such capacity ; or

(ii)

a lawyer or legal advisor in his or her professional capacity and his or her client, whether made directly or indirectly through an agent of either ; and

(b)

it is made or brought into existence for the purpose of obtaining or giving legal advice or assistance ;

and

(c)

it is not made or brought into existence for the purpose of committing or furthering the commission of some illegal or unlawful act.

(3)

Where the information consists wholly or partly of, or relates wholly or partly to receipts, payments, income, expenditure, or financial transactions of a person (whether a lawyer his or her client, or any other person), it shall not be a privileged communication if it is contained in, or comprises the whole or part of any book, account, statement or other record prepared or kept by the lawyer in connection with a trust account of the lawyer.

Financial Transactions Reporting

Part III

Powers and Functions of the Financial Intelligence Unit

Part IV

Functions of Supervisory Authority of an Institution and Auditors

Part V

Currency Reporting at the Border

Part VI

Offences and Liabilities

Part VII

Miscellaneous