The Hon. Harshana Nanayakkara, Attorney-at-Law
Moved amendments to a Bill concerning the use of contemporaneous audio-visual links for witness examination, requiring such examination to remain under the direct control of the High Court Judge or Magistrate in court and limiting electronic recording to that court. Further amendments removed specified provisions and revised the definition of “State institution” to include a broad range of central, provincial, local government bodies and government-controlled care, detention, health and child protection institutions. The amendments were agreed to, and the Bill was reported with amendments.
Verbatim record (translated)
Machine-translated from Sinhala / Tamil / English¶ 01 Mr. Chairman, I move the following amendments:
¶ 02 (1) On page 32, from line 5 to line 18 (both inclusive), delete and substitute with:
¶ 03 “(2) Examination of a witness by contemporaneous audio-visual link shall be conducted by the High Court Judge or the Magistrate himself, in open court or before him and in his hearing, and under his direct personal control and supervision within court, and shall be recorded in writing as if the proceedings were physically held in court; and any electronic recording shall be made only at the court where the said Judge or Magistrate is sitting.”
¶ 04 (2) On page 38, from line 8 to line 16 (both inclusive), delete.
¶ 05 (3) On page 43, from line 33 to line 36 (both inclusive), delete and substitute with:
¶ 06 “‘State institution’ means the Office of the Secretary to the President, the Office of the Secretary to the Prime Minister, the Cabinet Office, the offices of Ministers appointed under Articles 44 or 45 of the Constitution, the Judicial Service Commission, the Constitutional Council, the Commissions specified in the Schedule to Chapter VIIA of the Constitution, the Parliamentary Commissioner for Administration, the Secretary-General of Parliament, a Ministry or Department of Government, a Provincial Council, a Provincial Ministry or Department, a local authority, a State corporation, a trade or business transferred to the Government by any written law or any other business, a company registered or deemed to be registered under the Companies Act, No. 07 of 2007 in which the Government, a State corporation or a local authority holds more than fifty percent of the shares, and any hospital, health care facility, clinic, institution, remand or detention centre, prison, children’s home, care home, safe house, child protection centre, remand home or any institution, home or school for the care, protection or custody of children or young offenders owned or controlled by the Government, a Provincial Council or a local authority.”
¶ 07 (4) On page 44, from line 1 to line 35 (both inclusive), delete.
¶ 08 Amendments put, and agreed to.
¶ 09 Clause 5, as amended, ordered to stand part of the Bill.
¶ 10 Clauses 6 and 7 ordered to stand part of the Bill.
¶ 11 Enacting Clause and Title ordered to stand part of the Bill.
¶ 12 Bill reported with Amendments.
Provenance
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- Hansard, Wednesday, 4 June 2025 ·No. 1750240054043973 ·English daily/uncorrected Hansard
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Cite as: The Hon. Harshana Nanayakkara, Attorney-at-Law. 10th Parliament, Parliament of Sri Lanka. Hansard, 4 June 2025. No. 1750240054043973. Politick, https://staging.politick.io/lk/speeches/7765