Emergency Regulations No. 1 of 1998

This law confers extraordinary powers to a cabinet minister. The Defense Minister's decision on the lives and liberties of ordinary citizens cannot be challenged in a court of law.

Full text of the regulation:

1. These regulations may be cited as the Emergency (Proscribing of Liberation Tigers of Tamil Eelam) Regulations No. 1 of 1998.

2. (1) The organisation styled as the Liberation Tigers of Tamil Eelam is hereby proscribed.

    (2) The provisions of this regulation, shall also apply to every other organisation and to every body or group of persons engaged in activities substantially similar to those carried on, or formerly carried on, by the organisation styled as the Liberation Tigers of Tamil Eelam (hereinafter referred to as the "proscribed organisation) in like manner as though it, or they, were also the proscribed organisation.

3. Any person who -

(a) wears any uniform, dress, symbol or other emblem which signifies or indicates any association with, or membership of, or adherence to, the proscribed organisation; or

(b) summons or attends a meeting of such proscribed organisation, or participates or engages in any activity, of, or connected with, or related to, such proscribed organisation: or

(c) supports such proscribed organisation by inviting or exhorting persons to be enrolled as members, contributing or collecting funds, or furnishing information or securing other assistance to such proscribed organisation: or

(d) harbours, conceals or in any other manner assists, any member of such proscribed organisation with intent thereby to prevent, hinder or interfere with the apprehension, trial or punishment of such member, or

(e) makes, prints, distributes or publishes in any way concerned in the making, printing, distribution or publication, of any writing or printed matter which is or purports to be published by or on behalf of such proscribed organisation or by any member thereof: or

(f) communicates or attempts to communicate to any other person in any manner any order, decision, declaration or exhortation made or purported to have been made by such proscribed organisation by any member thereof or any information relating thereto for the purpose of advancing the objectives of such Proscribed organisation shall be guilty of an offence under these regulations and shall on conviction be liable to imprisonment for a period not less than seven years and not exceeding fifteen years.

4. (1) Where the Minister is satisfied, after such inquiry as he may think fit, that any person has custody of any moneys, securities or credit which are being used, or are intended to be used, for the purposes of the proscribed organisation, the Minister may, by order in writing, declare that such moneys, securities or credits are in the custody of such person or any moneys, securities or credits which may come into his custody after the making of such order and any other moveable and immovable property belonging to such organization, shall be forfeited to the State.

   (2) The decision of the Minister under subsection (1) shall be final and conclusive and shall not be called in question in any court of law by way of writ or otherwise.

5. For the avoidance of doubts it is hereby declared that the provisions of these regulations will not in any way affect the right of any international organisation which has entered into an agreement with the Government of Sri Lanka, and which is specified by the Secretary to the Ministry of the Minister in charge of the subject of Defence, from time to time, to engage in any activity connected with the rendering of humanitarian assistance.

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