15. Amendment of section 13 of the principal enactment

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

Section 13 of the principal enactment is hereby amended as follows: -

“Any other property connected with the property, to be subjected to a Freezing

Order.

(1)

by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection: -

“(1) Where a person is convicted of an offence under section 3, the Court shall, subject to the provisions of subsection (2), order that-

(a)

the criminal property which is owned or possessed by, or under the control of, the convicted person or any other person;

(b)

the criminal property in which the convicted person or any other person has beneficial ownership; or

(c)

if the circumstances of the case so necessitate, any property of corresponding value of the criminal property, be forfeited to the State free from all encumbrances.”;

(2)

by the repeal of subsection (1a) of that section and the substitution therefor, of the following subsection:-

“(1a) Where such criminal property cannot be found or traced, the Court convicting such person shall order the convicted person or such other person referred to in subsection (1)

to pay to the State the corresponding value of such criminal property.”;

(3)

by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection: -

“(2) The Court shall, before making an

Order of Forfeiture under subsection (1), determine on the balance of probabilities upon such inquiry as it may deem necessary, whether such order is likely to prejudice the rights of-

(a)

a bona fide purchaser for value of;

(b)

any other person who has acquired, for value, a bona fide interest in; or

(c)

a third party who has bona fide interest in, such criminal property.”;

(4)

by the insertion immediately after subsection (2) of that section, of the following new subsections: -

“(2a) Any person affected by an Order of Forfeiture made under subsection (1) may make an application for compensation to the

Court making such Order within a period of thirty days from the making of such Order stating that he has suffered a loss as a result of such Order.

(2b)

Where an application is made under subsection (2a), the Court making the Order of Forfeiture may, subject to the provisions of subsection (3), upon being satisfied that the applicant has suffered a loss as a result of such

Order, order compensation to be paid to such person from the property forfeited.”; and

(5)

by the repeal of subsection (3) of that section and the substitution therefor, of the following subsection: -

“(3) An order made under subsection (1)

shall take effect –

(a)

where an appeal has been preferred to or pending before the Court having jurisdiction against the Order of

Forfeiture, upon the determination of such appeal confirming or upholding the Order of Forfeiture; or

(b)

where no appeal has been preferred to the Court having jurisdiction against the Order of Forfeiture within the period allowed therefor, after the expiration of the period within which an appeal may be preferred against such Order of Forfeiture.”.

Read on from s 16