As enacted

Contents

20. Replacement of section 24 of the principal enactment

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

Section 24 of the principal enactment is hereby repealed and the following section substituted therefor:-

24. In this Act, unless the context otherwise requires–

“appropriate authority” in relation to–

(a)

a specified country means the person, howsoever described, designated to receive and transmit requests for assistance in criminal matters, by or under any law of that country;

(b)

a specified organization means the person howsoever described, designated to receive and transmit requests for assistance in criminal matters;

“blockchain technology”

means distributed ledger technology that uses a distributed, decentralized, shared and replicated ledger, which may be public or private, with

“Principles of mutuality and reciprocity.

Language.

“Interpretation.

necessary permission or without permission, or driven by crypto economics or not. The data on the ledger shall be protected with cryptography, be immutable and auditable and shall provide true information;

“competent authority” means a law enforcement authority or any other authority established by law;

“computer data”

means any representation of facts, information or concepts in a form suitable for processing in a computer system including a program suitable to cause a computer system to perform a function;

“computer system” shall have the same meaning as in the Computer Crime

Act, No. 24 of 2007;

“controlled operation” includes an operation that–

(a)

involves the participation of law enforcement officers;

(b)

is conducted for the purpose of–

(i)

obtaining evidence that may lead to the prosecution of a person for a serious offence;

(ii)

arresting any person involved in criminal activity or corrupt conduct;

(iii)

frustrating criminal activity or corrupt conduct;

(iv)

carrying out an activity that is reasonably necessary to facilitate the achievement of any purpose referred to in sub-paragraph (i), (ii) or (iii);

(c)

may involve the supervision of a law enforcement officer or any other authorized person, where such conduct constitutes an offence in Sri Lanka;

“country” or “foreign State” includes a colony, territory, protectorate or other dependency of such country or foreign State, or a ship or an aircraft registered in such country or foreign

State, and shall be deemed to include the Hong Kong Special

Administration Region of the

Peoples Republic of China;

“criminal matter” means–

(a)

violation of any law relating to a criminal offence; and

(b)

an investigation, prosecution or judicial proceedings related to a criminal offence and includes-

(i)

the forfeiture or confiscation of any property or proceeds of crime upon conviction or non conviction basis;

(ii)

the imposition or recovery of a pecuniary penalty;

(iii)

the tracing, freezing and restraint of property that may be forfeited or confiscated;

“digital currency”–

(a)

includes a digital representation of value that–

(i)

is used as a medium of exchange, unit of account or store of value; and

(ii)

may not be denominated in legal tender; and

(b)

does not include–

(i)

a transaction in which a merchant grants, as part of an affinity or rewards program, value that cannot be taken from or exchanged with the merchant for legal tender, bank credit or digital currency; or

(ii)

a digital representation of value issued by or on behalf of a publisher and used solely within an online game, game platform, or family of games sold by the same publisher or offered on the same game platform;

“document” includes-

(a)

any of, or any part of any of, the following things:-

(i)

any paper or other material on which there is writing;

(ii)

a map, plan, drawing, photograph or similar thing;

(iii)

any paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them;

(iv)

any article or material from which sounds, images or writings are capable of being reproduced with or without the aid of any other article or device;

(v)

any article on which information has been stored or recorded, either mechanically or electronically;

(vi)

any other record of information; or

(b)

any copy, reproduction or duplicate of such a thing; or

(c)

any part of such a copy, reproduction or duplicate;

“duly authenticated” in relation to a document, means a document authenticated as provided for in section 21;

“foreign law immunity certificate” means a certificate given or declaration made, by the appropriate authority of a specified country or under the law of a specified country, certifying or declaring that under the law of that specified country, persons referred to generally or specifically, could or could not, either generally or in specified proceedings or either generally or under specified circumstances, be required to answer a specified question, or to produce a specified document;

“foreign public official” means–

(a)

an employee or official of a foreign government body; or

(b)

an individual who performs work for a foreign government body under a contract; or

(c)

an individual who holds or performs the duties of an appointment, office or a position under a law of a foreign

State or of a part of a foreign

State; or

(d)

an individual who holds or performs the duties of his appointment, office or position created by custom or convention of a foreign State or of a part of a foreign State; or

(e)

an individual who is otherwise in the service of a foreign government body including service as a member of a military force or police force; or

(f)

a member of the executive, judiciary or magistracy of a foreign State or of part of a foreign State; or

(g)

a member or officer of the legislature of a foreign State or of a part of a foreign State; or

(h)

an individual who–

(i)

is an authorized intermediary of a foreign public official covered by any of the above paragraphs; or

(ii)

holds himself or herself out to be the authorized intermediary of a foreign public official covered by any of the above paragraphs;

“freezing” means to prohibit the transfer, conversion, disposition or movement of property, any assets or computer data on the basis of, and for the duration of the action initiated by the appropriate authority or a court;

“Minister” means the Minister appointed under Article 43 or Article 44 of the

Constitution, to whom the subject of Justice is assigned;

“official of a public international organization” means–

(a)

an employee of a public international organization; or

(b)

an individual who performs work for a public international organization under a contract;

(c)

an individual who holds or performs the duties of an office or position in a public international organization; or

(d)

an individual who is otherwise in the service of a public international organization; or

(e)

an individual who–

(i)

is an authorized intermediary of an official of a public international organization covered by any of the above paragraphs; or

(ii)

holds himself or herself out to be the authorized intermediary of an official of a public international organization covered by any of the above paragraphs;

“proceeds of crime” includes any property, benefit or advantage that is wholly or partly obtained, derived or realized directly or indirectly as a result of the commission of a criminal act or omission;

“property” means any currency, and includes any asset of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible whether situated in Sri

Lanka or elsewhere, and legal documents or instruments in any form whatsoever including electronic or digital form, evidencing title to, or interest in, such assets, including but not limited to bank credits, travelers’ cheques, bank cheques, money orders, shares, securities, bonds, drafts, letters of credit and includes any legal or equitable interest in any such property;

“public international organization”

means–

(a)

an organization–

(i)

of which two or more countries, or the governments of two or more countries, are members; or

(ii)

that is constituted by persons representing two or more countries, or representing the governments of two or more countries; or

(b)

an organization established by, or a group of organizations constituted by–

(i)

organizations of which two or more countries, or the governments of two or more countries, are members; or

(ii)

organizations that are constituted by the representatives of two or more countries, or the governments of two or more countries; or

(c)

an organization that is–

(i)

an organ of, or office within, an organization described in paragraph (a)

or (b); or

(ii)

a commission, council or other body established by an organization so described or such an organ;

(iii)

a committee, or subcommittee of a committee, of an organization described in paragraph (a) or (b), or of such an organ, council or body;

“serious offence” means an offence punishable with death or with imprisonment for a term not less than one year; and

“traffic data” shall have the same meaning as in the Computer Crime

Act, No.24 of 2007.”.

Read on from s 21