Mr. Speaker [The Hon. (Dr.) Jagath Wickramaratne]

¶ 01 Parliament met at 9.30 a.m.

¶ 02 Announcements

¶ 03 Convention on the Suppression of Terrorist Financing (Amendment) Bill: Determination of the Supreme Court

¶ 04 I wish to inform Parliament that I have received the Determination of the Supreme Court in respect of the Bill titled “Convention on the Suppression of Terrorist Financing (Amendment)”, which was challenged in the Supreme Court under Article 121(1) of the Constitution.

¶ 05 The Supreme Court has determined that the Bill or any provision thereof is not inconsistent with any provision of the Constitution.

¶ 06 I order that the Determination of the Supreme Court be printed in the Official Report of today's Proceedings.

¶ 07 Determination of the Supreme Court:

¶ 08 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

¶ 09 SC/SD/17/2026; SC/SD/20/2026; SC/SD/24/2026

¶ 10 In the matter of an application in terms of Article 121 read with Article 120, of the Constitution to determine whether the Bill titled “Convention on the Suppression of Terrorist Financing (Amendment) Act No. of 2026” or any part thereof is inconsistent with the Constitution of the Democratic Socialist Republic of Sri Lanka.

¶ 11 Petitioners and Counsel: - Centre for Policy Alternatives (Guarantee) Limited, Colombo 05 — Mr. Viran Corea, PC with Ms. Shabnam Mohamed, Ms. Michelle Handy, Ms. Thahira Cader and Mr. Luwie Ganeshathasan. - Ambika Sathkunanathan, Colombo 06 — Mr. Pulasthi Hewamanna with Ms. Fadhila Fairoze and Ms. Linuri Munasinghe. - Swasthika Arulingam (President, United Federation of Labour, Colombo 02) and Duminda Nagamuwa (Propaganda Secretary, Frontline Socialist Party, Nugegoda) — Ms. Ermiza Tegal with Mr. Mark Schubert, Ms. Nisara Wickramasinghe and Ms. Vihangi Liyanagamage.

¶ 12 Respondent and Counsel: - Hon. Attorney General — Mr. Sudharashan De Silva, PC, Additional Solicitor General with Mr. Malik Azeez, SC and Mr. Senal Senevirathne, SC.

¶ 13 Before: P. Padman Surasena, CJ; Achala Wengappuli, J; K.M.G.H. Kulatunga, J.

¶ 14 The Bench assembled for hearing on 28 April 2026. The Bill was gazetted on 14 March 2026 and placed on the Order Paper on 9 April 2026. Three petitions were filed under Article 120 read with 121(1). Hearing was commenced and concluded on 28 April 2026.

¶ 15 Summary of challenged provisions and determination: - Petitioners cumulatively challenged Clauses 5, 6, 7, 12 and 16; during submissions, Clause 4 was also argued in SC SD 24/2026. - Clause 4: Introduction of Section 3(2B) (new offence relating to financing persons for terrorist acts, foreign terrorist fighters, terrorist training, etc.). Petitioners argued vagueness due to undefined “terrorist training.” Court held “terrorist act” is defined in the principal enactment; “terrorist training” is naturally read in relation to committing a terrorist act; lack of a separate definition does not render it vague or overbroad under Article 12(1). - Clause 5: Amends Section 4 to change “in contravention of” to “by the commission of an act under section 3,” and extends the initial Freezing Order duration from seven days to fourteen working days. Challenge to extension rejected; not inconsistent with fundamental rights. - Clause 6: Consequential amendments to Section 4A (application to High Court within extended period; extensions). Increase of per-extension cap from three months to six months while aggregate cap remains two years. Court held no inconsistency with fundamental rights. - Clause 7: Replacement of Section 4C (High Court to sanction essential and legitimate transactions under a Freezing Order) with clarified subsections and procedure via Proceeds of Crime Act, No. 5 of 2025, s.127. Court found it clarificatory; safeguards remain; no inconsistency. - Clause 12: Inserts Sections 4J and 4K (investigative techniques; joint investigation teams). Challenges under Articles 12(1), 14A(2), and 106 rejected. Techniques are longstanding or already recognised; certain techniques require ex parte, in camera judicial orders by a Magistrate and rank threshold (ASP+). Article 106 (public sittings) not engaged by ex parte applications; Article 14A(2) permits restrictions necessary for public safety and prevention of crime. - Clause 16(3): Replaces definition of “funds or property” with “funds, property or other assets,” including virtual assets and lawfully or unlawfully acquired assets, and economic resources. Court noted the evolution of financing methods and international obligations under the 1999 Convention; definition aligns with purpose and is not unconstitutional.

¶ 16 Determination: The Bill titled “Convention on the Suppression of Terrorist Financing (Amendment) Act No. of 2026” or any provision thereof is not inconsistent with any provision of the Constitution.

¶ 17 P. Padman Surasena, Chief Justice Achala Wengappuli, Judge of the Supreme Court K.M.G.H. Kulatunga, Judge of the Supreme Court