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Govt. arms itself with controversial emergency laws
The Government has armed itself with highly controversial and far-reaching laws under Emergency Regulations reportedly to deal with situations arising from the tsunami catastrophe.

Such laws bar persons from bringing "disaffection" against those, among others, "engaged in the service of the Republic," impose penalties of death and imprisonment for criminal offences and confer on the armed forces powers of search and arrest.

These regulations were printed on Friday by the Government Printer though they have come into effect from January 6 - the date President Chandrika Kumaratunga signed a proclamation making provisions of the Public Security Ordinance (Chapter 40) effective.

The State of Emergency encompasses 14 districts -- Colombo, Gampaha, Kalutara, Galle, Matara, Hambantota, Jaffna, Kilinochchi, Vavuniya, Mullaitivu, Batticaloa, Ampara, Trincomalee and Puttalam.

The regulations seek to appoint a Co-ordinating Officer in Chief, (a Deputy), Co-ordinating Officers who could take over powers, duties and functions of a Government Agent, the appointment of a Commissioner of Civil Security for the whole of Sri Lanka, the appointment of a Commissioner General of Essential Services and a Competent Authority.

Radical amendments to the Evidence Ordinance will come into effect with statements made to officers above the rank of an ASP being admissible in Court. Any Police Officer or member of the armed forces will be entrusted with powers without warrant, if he has "reasonable grounds" that an offence of kidnapping, theft, criminal trespass, house breaking or attempts to procure a girl under 21 years to leave Sri Lanka.

Army personnel conducting a search may break open any outer or inner door or window of any place, vehicle or vessel and hand over any arrested person to either the Superintendent of Police of the division or the Commanding Officer of the area within 24 hours of arrest.

The Emergency Regulations has also debarred persons distributing among the public or pasting any posters or leaflets the contents of which are prejudicial to "public security, public order or the maintenance of supplies and services essential to the life of the community."

Rumour mongering or the spreading of false statements that will cause public alarm or public disorder becomes an offence under the regulations. All indictments under emergency regulations will require the written sanction of the Attorney General. Indictments against accused persons include a trial at bar in the High Court without a jury.

The powers of Police Officers may also be exercised by any person authorized by the President. Powers have also been invoked casting a duty on any person taken into custody to answer questions from interrogating officers and a duty to disclose information of an intention by any person to commit an offence or the actual commissioning of an offence to the nearest Grama Niladhari or the Officer-in-Charge of the Police Station where an offence under the emergency regulation is committed by a body of persons, then (a) if that body is a corporate body, every director, and (b) is a firm, every partner, shall be deemed to have committed an offence unless that person had no knowledge or exercised due diligence to prevent that offence.

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