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As enacted
Contents

18. Insertion of new sections 17a, 17b, 17c, 17d and 17e in the principal enactment

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

The following new sections are hereby inserted immediately after section 17 of the principal enactment and shall have effect as section 17a, section 17b, section 17c, section 17d and section 17e of that enactment: -

17a. A person who is subject to an investigation for an offence under section 3, shall furnish to a police officer not below the rank of an Assistant Superintendent of Police in charge of such investigation an affidavit or a sworn statement, describing the manner

“A person to furnish an affidavit or sworn statement to the police officer.

“Disposal of property upon forfeiture.

in which any suspected property acquired by such person has been derived or realised and providing answers to any question put to him by such police officer on the matters under investigation or any facts relevant to the matters under investigation:

Provided however, it shall not be an obligation for a person who is subject to an investigation for an offence under section 3, to furnish a self-incriminating or confessional statement or an affidavit or answer to any question, which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

17b. Notwithstanding anything to the contrary in any other written law, an affidavit or a sworn statement furnished by any person to a police officer under section 17a shall be relevant and admissible in evidence at the trial in respect of such person for an offence under section 3:

Provided however, the provisions of the

Evidence Ordinance (Chapter 14) shall apply in respect of an affidavit or a sworn statement made by a person subject to an investigation while in the custody of, or in the presence of a police officer.

17c. (1) If any person giving evidence, at the trial for an offence under section 3, gives, in the opinion of the court before which the trial is being held, false evidence within the meaning of section 188 of the Penal Code

(Chapter 19), it shall be lawful for such court, upon

Admissibility of an affidavit and sworn statement.

Giving false evidence.

the conclusion of such trial, to arraign and to summarily try and sentence such witness for contempt of court to a fine not exceeding one million rupees or to imprisonment for a period not exceeding two years.

(2)

At any trial under subsection (1), it shall be sufficient to prove that such person has made contradictory statements and it shall not be necessary to prove which of such statements is false.

17d.

Special

(1)

Any police officer conducting an investigation under this Act may, in addition to the powers vested in such police officer by any other written law, use any investigation technique including the following in conducting the investigation: -

(a)

surveillance and observation;

(b)

undercover operations;

(c)

video recording;

(d)

using listening devices;

(e)

controlled deliveries; or

(f)

accessing computer data and computer systems.

(2)

A police officer not below the rank of an

Assistant Superintendent of Police may make an ex parte application in camera along with sufficient material to the Magistrate’s Court for an order for the purposes of paragraphs (c), (d), (e) and (f) of subsection (1).

(3)

A police officer not below the rank of an Assistant Superintendent of Police may make an application in writing to the investigation techniques to be used when conducting an investigation.

Magistrate for a warrant authorizing the covert monitoring of any conduct and recording of any communication if an officer conducting investigations under this Act has reasonable grounds to suspect or believe that a person has committed, or is committing or is about to commit an offence under this Act.

(4)

It shall be the duty of the officer making the application under subsection (2) to ensure the protection and preservation of information received or collected by the officer conducting the investigation.

17e.

team

(1)

If the circumstances of the case so justify, a joint investigation team may be established for a specific period by an agreement between the Sri Lanka Police and any other authority empowered to conduct investigations, in Sri Lanka or in any other jurisdiction, as may be determined by the Sri

Lanka Police for the purpose of conducting an investigation into-

(a)

an offence under section 3; or

(b)

an act alleged to have been committed in any jurisdiction outside

Sri Lanka which would either constitute an offence corresponding to the offence of money laundering in that jurisdiction or which would, if committed in Sri Lanka, amount to the offence of money laundering or an unlawful activity within the meaning of this Act.

Establishment of a joint investigation

(2)

Any evidence or material obtained during joint investigations may be used by competent courts, where the persons who were investigated are tried in such courts.”.