New Book: Criminal Law in Sri Lanka (Michael Hor and others) (LexisNexis)

Criminal Law in Sri Lanka

Wing-Cheong Chan, Michael Hor, Neil Morgan, Jeeva Niriella and Stanley Yeo

LexisNexis

Published in November 2019

Description: This book describes and evaluates the general principles of criminal responsibility and the major offences against the person and property contained in the Sri Lankan Penal Code. The aims are to assist in the application of the law and to provide suggestions for reform. To achieve these aims, it examines cases from other Penal Code jurisdictions as well as from Sri Lanka. There has not been a comprehensive study of the Sri Lankan Penal Code since Professor GL Peiris’ books were published nearly 40 years ago (General Principles of Criminal Liability in Ceylon: A Comparative Analysis (1st Edn, 1972; 2nd Edn, 1980) and Offences under the Penal Code of Ceylon (1st Edn, 1973; 2nd Edn, 1982)). Significant legislative and case law developments have occurred since that time. Much of the Penal Code has stood the test of time. However, given its antiquity, this commentary proposes significant reforms. They include the enactment of a ‘General Part’, with precise and comprehensive provisions reflecting contemporary views about criminal responsibility.

   Key Features:

• Comprehensive analysis of the general principles of criminal responsibility in Sri Lanka
• Analysis of the major offences against the person and property in light of the general principles of criminal responsibility
• Review of major relevant cases from Sri Lanka, India, Malaysia, Myanmar and Singapore
• Placing the law in a historical and theoretical context pointing to its strengths and weaknesses, and suggesting potential reforms to bring the law into the 21st Century

Yash Ghai Interviewed on Constitution Making and Sri Lanka (Daily Mirror)

"Prof. Yash Ghai reading Sri Lankan minds on federalism states 'There seems to be a phobia in your country'"

Amra Ismail
Daily Mirror
9 Nov 2017

In a recent visit to Sri Lanka, at the invitation of Democracy Reporting International, Yash Ghai shared with the Dailymirror the Kenyan experience of constitution making...

Q. Could you trace how Kenya was able to introduce a new constitution in 2010? 

It took a longtime. Discussions about a new constitution commenced about 12 years before we finally had the constitution. There are a number of reasons as to why it took that long. We were experiencing a very momentous period from a situation of a one party state to a very democratic constitution. So it took time to persuade the regime. 

     Fortunately, the people were very keen on a very democratic system which is fair to all the communities, and that helped us a lot. People appreciated what we were doing. The politicians also realized that the people were in support of a more democratic, participatory process. So in the end we put the draft to a public referendum and it was approved by 70% of the voters. It took a longtime because politicians kept changing their mind. 

     I think people were longing for a change for a long time because we’ve had two very tyrannical presidents, who completely monopolized state power. 

Q. Since it took 12 years for the Constitution to be introduced, was the same draft used? What exactly was the process?

One advantage we had-may be over the system here- is that there was a commission appointed to propose a Constitution. This was a mixture of academics and civil society people. There were no politicians involved. I chaired that commission. We had good resources. We had enough money from Parliament and I didn’t need to raise money from outside. So in comparison to the work the commission achieved within 4 or 5 years, the period before wasn’t so formulized. But the civil society had become very active and they had been meeting and putting pressure on the Government. They had even done a rough draft of the Constitution. Ours was much longer and more sophisticated. But we did use the draft they had made. By that time there was strong public support. I think that was basically what kept the process going... 

Q. In Sri Lanka, the constitution making process has gone beyond the stage of the Public Representations Committee (PRC) report and the interim report has been released. When it comes to debating the interim report, do you think it’s still important to consult the public and obtain their views? 

Oh, yes, I think it’s essential during all the stages. They have to be consulted and there has to be publicity for all the discussions that take place in parliament or committees. In our case it wasn’t a parliament. It was produced by 15 of us after all these consultations I mentioned and all the research. Not a single politician was involved and they didn’t like some parts, and I said ‘sorry, people in this country want it’. So I would say continue with the dialogue with the people... Click here to read the full article.

Jayantha Jayasuriya (MPhil 1999) Appointed Attorney General of Sri Lanka

Congratulations to our alumnus the Honourable Mr Jayantha Jayasuriya, President's Counsel, who was appointed Attorney General of Sri Lanka on 10 February 2016.  Mr Jayasuriya completed his Master of Philosophy under the supervision of Professor Johannes Chan in the mid to late 1990s.  His dissertation was on the topic of the right to a fair hearing under Article 14 of the International Covenant on Civil and Political Rights.  After graduating from HKU, Mr Jayasuriya continued his stellar career in the Sri Lankan Attorney General (AG)'s Department and swiftly rose through the ranks.  For many years, he served as the head of the Criminal Division of the AG's Department.  In February 2015, he was appointed a judge of the Fiji Court of Appeal.  

Winner of the Intersentia Prize 2014-2015 (Best PhD Thesis in Law)

Congratulations to Dr Zuo Changwu for winning the 2014-2015 Intersentia Prize for the Best PhD Thesis in Law.  Dr Zuo's thesis is entitled "An Analysis of Rules Governing Limited Liability Companies in China: Between Contracts and Regulation", and her supervisor was Professor Yu Guanghua.  The runner-up was Dr Kalana Senaratne for his thesis "A Critical Exploration of Internal Self-Determination under International Law, with Particular Reference to the Sri Lankan Conflict", supervised by Professor CL Lim.  The Intersentia Prize was established in 2012 to acknowledge, support and encourage outstanding PhD and SJD research.  The prize winner is chosen by an international prize committee on a yearly basis.  The value of the prize is GBP500, and both the winning and runner-up theses will be considered for publication by Intersentia.

New Volume of Asia-Pacific Journal on Human Rights and the Law Published (2015)

ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW

Editors-in-Chief: Simon NM Young and Kelley Loper

Publisher: Brill, Leiden

Vol. 16, Issues 1 & 2, 2015

Special Section on Lao People’s Democratic Republic
Introduction
Rhona K. M. Smith 1-7

Women’s Rights in Intellectual Property and Traditional Knowledge Protection in Lao PDR
Champathong Phochanthilath 9-25

The Right of Children in Accessing Primary Education: Vientiane Province Case Study
Khonsavanh Vongvannasay, Khamphang Vongphachanh, and Vilay Langkavong 26-41        

The Right to Access a Lawyer in Laotian Criminal Law
Bounmy Ladsamyxay 42-54

Articles

Investment Promotion as Progressive Realization of Economic and Social Rights
Johanna Aleria P. Lorenzo 55-103

The Politics of Domestic Implementation of International Human Rights Law: A Case Study of Sri Lanka
Deepika Udagama 104-149

Equality and Singapore’s First Constitutional Challenges to the Criminalization of Male Homosexual Conduct
Jack Tsen-Ta Lee 150-185

Click here for more information information about the APJHRL and for instructions on article submission.