Mutual Assistance in Criminal Matters Act 2002 · As enacted · Part VII · Tracing Proceeds of Crime and Enforcement of Orders
19. Request by a specified country for enforcement of orders of court
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Where —
a court in a specified country has, in a proceeding relating to a criminal matter, made an order —
forfeiting any property or having the effect of forfeiting or confiscating any property ;
imposing a fine or other pecuniary penalty on any person or requiring that person to pay compensation to any other person ;
restraining any person or all persons from dealing with any property ; and
there are reasonable grounds to believe that the property with respect to which such order is made is located in Sri Lanka or that any property located in
Sri Lanka is available for the satisfaction of that order ;
the appropriate authority of such specified country has requested the Central Authority for assistance in enforcing such order in Sri Lanka ; and
the Central Authority is satisfied that such order is in force and not subject to any further appeal in the specified country, the Central Authority may, in his discretion, require the
Attorney-General to apply for the registration of the order in the High Court established under Article 154P of the
Constitution for the Province in which such property is located.
Where the Attorney-General applies to the High Court for the registration of an order in pursuance of an authorization under subsection (1), the court shall register such order.
Where an order is registered in the High Court in pursuance of an application under subsection (2), a copy of the amendments to the order (whether made before or after the registration) shall be registered in the same manner as the order, and the amendments shall have effect only upon such registration.
An order or an amendment of an order shall be registered in the High Court, by the registrar in accordance with any rules of court made in that behalf, with a copy of that order or amendment duly authenticated in accordance with the provisions of section 21.
An order and any amendments thereto registered in the High Court under subsection (4) shall have effect, and may be enforced, in all respects, as if it were an order made by that court.
Where the High Court is satisfied that any order registered under subsection (2) has ceased to have effect in the specified country in which it was made, it shall cancel such registration.
Any property forfeited or confiscated, or any fine or pecuniary penalty or compensation recovered, by reason of the enforcement of an order registered under this section shall, notwithstanding anything in any other law, be dealt with in such manner as the Central Authority may specify for the purposes of giving effect to the request.
Part VIII