Saarc Regional Convention On Suppression Of Terrorism


Published: 1988

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SAARC Regional Convention on Suppression of Terrorism
SAARC Regional Convention on Suppression of Terrorism




AN ACT TO MAKE PROVISION TO GIVE EFFECT TO THE SOUTH ASIAN ASSOCIATION FOR REGIONAL CO-OPERATION REGIONAL CONVENTION ON SUPPRESSION OF TERRORISM ; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.








WHEREAS A Regional Convention for the Suppression of Terrorism was signed on behalf the Government of Sri Lanka and the other member states of the South Asian Association for Regional Co-operation at Katmandu, on the fourth day of November, Nineteen Hundred and Eighty-Seven, and came into force on August 22nd, 1988, upon the deposit of instruments of ratification in accordance with the provisions of the aforesaid Convention :



AND WHEREAS it is necessary to make legal provision to give effect to the provisions of the aforesaid Convention:



NOW THEREFORE, BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:



[17th December

, 1988 ]













Short title.



1. This Act may be cited as the SAARC Regional Convention on Suppression of Terrorism Act, No. 70 of 1988.



PART I
AMENDMENTS TO THE EXTRADITION LAW, NO. 8 OF 1977



Amendments to the Schedule to the Extradition Law.







Part B



(a) An offence within the scope of the Convention for the Suppression on Unlawful Seizure of Aircraft, signed at Hague on December 16, 1970 ;



(b) An offence within the scope of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on September 23, 1971 ;



(c) An offence within the scope of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, signed at New York on December 14 1973.



(d) An offence within the scope of any Convention to which the SAARC member States are parties and which obliged the parties to prosecute or grant extradition;



(e) Murder, culpable homicide not amounting to murder, assault causing bodily harm, kidnapping, hostage-taking and offences relating to firearms, weapons, explosives and dangerous substances when used as a means to perpetrate indiscriminate violence involving death or serious bodily injury to persons or serious damage to property. ".



Interpretation.



3. Notwithstanding anything in the Extradition Law, No. 8 of 1977, an offence specified in Part B of the Schedule to that Law and the First Schedule to this Act shall for the purpose of that Law, be deemed not to be an offence of a political character or an offence connected with a political offence or an offence inspired by political motives, for the purposes only of extradition of any person accused or convicted of any such offence, as between the Government of Sri Lanka and any state specified in the Second Schedule to this Act.



PART II
PROVISION REGARDING EXTRADITION ARRANGEMENTS



Existing extradition arrangements with certain SAARC States deemed to provide for offences in the Schedule.



4. Where there is an extradition arrangement made by the Government of Sri Lanka with any State specified in the Second Schedule to this Act, in force on the date of commencement of this Act, such arrangement shall be deemed, for the purposes of the Extradition Law, No. 8 of 1977, to include provision for extradition in respect of the offences specified in the First Schedule to this Act.



Minister may treat Convention as an extradition arrangement between Sri Lanka and certain SAARC States, in respect of offences in the Schedule.



5. Where there is no extradition arrangement made by the Government of Sri Lanka with any State specified in the Second Schedule to this Act, in force on the date of commencement of this Act, the Minister may, by Order published in the Gazette, treat the Convention, for the purposes of the Extradition Law, No. 8 of 1977, as an extradition arrangement made, by the Government of Sri Lanka with that State providing for extradition in respect of the offences specified in the First Schedule to this Act.



Duty of Minister to notify requesting country, of measures taken against persons for whose extradition request is made.



6.





(1) Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of a State specified in the Second Schedule to this Act for the extradition of any person accused or convicted of an offence specified in the First Schedule to this Act the Minister shall, on behalf of the Government of Sri Lanka, forthwith notify the Government of the requesting State of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person for that offence.



(2) Where it is decided that no order should be made under the Extradition Law, No. 8 of 1977, for the extradition of any person accused or convicted of an offence specified in the First Schedule to this Act, pursuant to a request for his extradition under that Law by the Government of a State specified in the Second Schedule to this Act, the case shall be submitted to the relevant authorities so that prosecution for the offence which such person is accused of, or other appropriate action may be considered.



PART III
JURISDICTION FOR PURPOSES OF CRIMINAL PROCEEDINGS



Jurisdiction,



7, If any person, whether a citizen of Sri Lanka or not, does in a convention country any act, which if done in Sri Lanka, would have constituted an offence specified in the First Schedule to this Act, such person shall be guilty in Sri Lanka, of the offence constituted by the commission of that act in Sri Lanka.



Jurisdiction for offences committed outside Sri Lanka.



8.





(1) If a person who is a national of a convention country but not a citizen of Sri Lanka, does outside Sri Lanka and that convention country, any act which makes him guilty of an offence in that convention country and which, had he been a citizen of Sri Lanka, would have made him guilty of an offence specified in the First Schedule to this Act, he shall be guilty of the offences aforesaid, of which the act would have made him guilty, if he had been such a citizen of Sri Lanka.



(2) If a citizen of Sri Lanka does outside Sri Lanka or any convention country any act which, if such act had been committed in Sri Lanka, would have made him guilty of an offence specified in the First Schedule to this Act, he shall he guilty of an offence aforesaid of which the act would hove made him guilty had it been committed in Sri Lanka. In this section "convention country" means any State referred to in the Second Schedule to this Act.



Jurisdiction of High Court.



9.





(1) The High Court of Sri Lanka is hereby vested with jurisdiction to try the offences referred to in sections 7 and 8.



(2) The jurisdiction vested in the High Court by subsection (1) shall be exercised by the High Court of Sri Lanka holden at Colombo,



Schedules

Related Laws