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The Law Commission of Sri Lanka was established under
the Law Commission Act No. 03 of 1969. The Law Commission is statutorily
required to keep the laws in Sri Lanka under review, to advice on the
elimination of anomalies, repeal of obsolete laws and simplification and
modernization of the applicable law. The Department of the Law Commission
was established as a permanent government Department under the Ministry of
Justice to provide administrative support to the Law Commission. The
Commission, which is currently housed in a rented building at Colombo 5 is
to move to Pelawatte, Battaramulla from January 2006.
In accordance with the Section 2 of the Law Commission Act, a
Chairman and members of the Law Commission are appointed by Her Excellency
the President of Sri Lanka for a period of five years. The eighth Law
Commission was appointed under the Act on the 29th November 2004
with the following members:
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Prof. Lakshman Marasinghe, Attorney at Law, |
Chairman |
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Mr.Ranjit Abeysuriya, PC |
Member |
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Mr.Nalin Abeysekara, PC |
Member |
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Mr.L.C.Seneviratne, PC |
Member |
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Mr.K.Kanag-Isvaran, PC |
Member |
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Mr.Nihal Jayamanne, PC |
Member |
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Mr.D.P.Mendis, PC |
Member |
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Mr.C.R.de Silva, PC (Solicitor General) |
Member |
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Mr.R.I.Obeysekara, PC |
Member |
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Dr.Mario Gomez, Attorney at Law |
Member |
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Dr.Harsha Cabral, Attorney at Law |
Member |
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Mrs. Dhara.S.Wijayatilaka, Attorney at Law |
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Dr.(Ms) Deepika Udagama |
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Mr.Jayampathy Wickramaratne, PC |
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Mr.Wijayadasa Rajapakshe, PC |
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Mrs.Lakshmi
Gunasekara Attorney at Law |
Secretary |
Mission
Statement
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To promote the reform of the law, to
formulate programmes for rationalizing and simplifying legal procedures, including procedure of an administrative
character connected with litigation and
to review the system of legal education in Sri Lanka in consultation
with the Council of Legal Education.
Functions of the Commission
The Law Commission is charged
with the general duty of keeping under review the law, both substantive and
procedural with a view to its systematic development and reform, the
codification of the law, the repeal of anomalies, the repeal of obsolete and
unnecessary enactments and generally the simplification and modernization of
the law. It is also the duty of the
Law Commission to keep under constant
review the exercise by bodies other than Parliament of the power to legislate
by subsidiary legislation with a view to ensuring that they conform to well
established principles and to the rule of law. The Commission is also charged with the specific duty of
reviewing the system of legal education.
PROGRAMME OF WORK - 2005/2006
The
Program of work 2005/2006 prepared by the Law Commission and approved by the
Parliament includes, Laws delays; Reform of the Evidence Ordinance and Law
of Property; Legislation for DNA & Finger printing, Contempt of Court,
Freedom of Information and Data Protection, Commercial Transaction, Witness
protection and victim of crime protection program, Bio ethics, Termination
of Pregnancies, Firearms law, Sentencing and Marriage laws; and work pending
from the earlier Law Commission.
The
following subject areas were focused during the first three quarters of the
year:
i. Tsunami (Special ) Provisions Act – observations were made.
ii. Animal Welfare Act – Public hearings were conducted and the final
draft is ready.
iii.
Protection of witnesses and victims of crime – Two Research projects were
completed by the Weeramanthry International Center for Peace, Education
and Research with funding from Asia Foundation and British High Commission.
Two workshops are planned in October, 05.
iv. Road Traffic Act – amendments proposed.
v. Pre-Trial proceedings – minimize laws delays and amendments
to the Civil
Procedure Code proposed.
vi. Freedom of Information – Draft law is in the advance stages of
preparation.
vii.
Citizenship of Persons of Indian Origin Act, No 35 of
2003 – amendments
proposed for the Sri Lankans now in Tamil Nadu Refugee camps.
viii.
Laws Delays – Discussions and workshops are held.
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INVITING
PROPOSALS FOR LAW REFORM
The Law Commission of
Sri Lanka welcomes proposals and representations on any area of the law,
which requires reforms, from the
public and interested groups.
Please forward
your proposals to the Secretary, Law
Commission of Sri Lanka, No. 93, Isipathana Mawatha, Colombo 05.
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