The Hon. (Ms.) Kaushalya Ariyarathne (Ph.D.)
Hon. Kaushalya Ariyarathne expressed condolences on the passing of Hon. Kosala Nuwan Jayawira and then supported the Proceeds of Crime Bill, thanking the Justice Minister, officials, and expert committee involved in preparing it. She said the Bill consolidates scattered provisions on illicit asset recovery into a comprehensive framework informed by domestic, international, and comparative legal sources. Addressing concerns about retroactivity under Clause 4(1), she argued that the Bill targets property currently held as proceeds of crime even where the underlying offence occurred earlier, in line with the Government’s mandate to recover stolen public wealth. She also highlighted provisions on electronic evidence, offences relating to retaining or destroying stolen proceeds, and the admissibility of foreign expert reports under Clause 39.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Hon. Deputy Chairperson, before I begin, I wish to express my condolences on the passing of our colleague Hon. Kosala Nuwan Jayawira—a comrade-in-arms and leader. We can fulfil his aspirations only by collectively advancing the cause he believed in.
¶ 02 As Hon. Lakmali Hemachandra stated, the Proceeds of Crime Bill is very important. I thank the Hon. Minister of Justice and his team for bringing it swiftly. I also thank the expert committee of 17 members who provided intellectual input to this substantial, 255-page Bill, developed with reference to 14 domestic and international policy/guidance documents, 65 local statutes, four UN legal instruments, and seven comparable foreign laws—showing its comprehensive nature, with inputs from international experts where appropriate.
¶ 03 Previously, provisions related to recovering illicit assets were scattered across anti-money laundering, bribery (amendment) and anti-corruption laws. This Bill consolidates them into a stronger, coherent framework.
¶ 04 Regarding the concern raised on Clause 4(1) and retroactivity: in our view, this Bill addresses property currently being held, even if the underlying wrongful act occurred earlier. For example, if a house illicitly acquired in 2010 is still possessed, the focus is on existing property; one cannot avoid recovery merely because the crime occurred in the past. Our people gave us a mandate to recover stolen public wealth, consistent with our policy commitments.
¶ 05 A few notable features for public awareness: - Clause 38 facilitates admissibility of electronic transactions evidence in online fraud and similar offences. - Knowingly retaining or destroying property known to be stolen proceeds is an offence. - Clause 39 allows courts to accept foreign expert reports as expert evidence, notwithstanding the Evidence Ordinance, where appropriate.
¶ 06 Thank you.
Provenance
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- Hansard, Tuesday, 8 April 2025 ·No. 1747715041076408 ·English daily/uncorrected Hansard
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Cite as: The Hon. (Ms.) Kaushalya Ariyarathne (Ph.D.). 10th Parliament, Parliament of Sri Lanka. Hansard, 8 April 2025. No. 1747715041076408. Politick, https://staging.politick.io/lk/speeches/15148