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The recent legislation on bribery and corruption enacted in Sri Lanka is part of the global awakening to the demoralising effect of corruption in society. Prior to 1994, the law relating to bribery was contained in ss. 158, 159 and 160 of the Penal Code of Sri Lanka and the Bribery Act No. 11 of 1954. The Bribery (Amendment) Act No. 20 of 1994 enacted by the Parliament of Sri Lanka, has not only brought about a structural change in the enforcement machinery in respect of offences under the Bribery Act, but has also for the first time made ‘corruption’ an offence. By the Commission to Investigate Allegations of Bribery and Corruption Act No. 19 of 1994, a permanent Commission (henceforth referred to as ‘the Commission’) has been set up for the investigation of offences of bribery and corruption. The Commission is intended to be an independent body free from extraneous pressures including government influence. The powers exercised earlier by the Bribery Commissioner, have now been vested in this Commission. It was the thinking of the Government of Sri Lanka that the Bribery Commissioner, being a public servant and a Head of a Government Department, is susceptible to the influence of corrupt public officers.

Reviews Sri Lanka’s long past encounters with terrorism, including the suicide bombing of 1996 which killed thousands and left the economy in a shambles. Outlines the Sri Lankan Code of Criminal Procedure, concluding that it falls far short of UK law in preventing terrorist financiers enjoy the profits of their crimes. Moves on to civil enforcement; Sri Lankan Common Law is based on Roman Dutch rather than English law. Gives examples of legal cases involving restitution, plus a list of eight situations where restitution will be available despite the illegal nature of the transaction, and concludes that civil enforcement law is highly inadequate against contemporary criminal activity. Moves on to the draft Money Laundering bill, which has been debated since 1995 and makes money laundering an offence; despite the long gestation, the bill should able to meet the challenges posed by profitable criminal activity.