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Court of Appeal grants interim relief, allows foreigners to drive three-wheelers

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The Court of Appeal bench, comprising Justice Dhammika Ganepola and Justice Adithya Patabendige, has granted interim relief to Tuk Tuk Rental (Pvt.) Ltd., to continue to operate in terms of the existing legal framework, regardless of the declaration that foreigners could not drive three-wheelers on the basis of having international driving permits.

The petitioner moved court recently in the wake of Police Headquarters declaration that international driving permit holders wouldn’t be allowed to drive three-wheelers. The respondents were Transport, Highways and Urban Development Minister Bimal Rathnayake, Ministry Secretary Prof. Kapila C.K. Perera, Commissioner General of Motor Traffic Kamal Amarasinghe, IGP Priyantha Weerasooriya, Automobile Association of Ceylon and Attroney General.

The petitioner challenged the bid made to prevent foreigners, who obtained permission from the Automobile Association of Ceylon, to drive three-wheelers. The petitioner also wanted the Commissioner General of Motor Traffic Kamal Amarasinghe to recognise the covering permits issued by the Automobile Association of Ceylon and the IGP to issue necessary instructions to countrywide police stations not to take action against foreigners driving three-wheelers.

The Court of Appeal said that upon consideration of the submissions of all Counsel, the principal issue that arises for the determination is whether the applicable legal framework governing the present matter is the Motor Traffic Act or the Motor Car (Convention) Ordinance, together with the Regulations made thereunder.

The learned Presidents’ Counsel appearing for the Petitioner and the 5th Respondent contended that Regulation 22(2) made under the Motor Car (Convention) Ordinance expressly authorises bona fide tourists to drive motor vehicles in Sri Lanka upon compliance with the prescribed requirements, and that the impugned document marked P10 by which foreigners who have obtained permisison from the Automobile Association of Ceylon are prohibited from driving three-wheelers is inconsistent with that statutory regime. It was further contended that the Respondents, by issuing and seeking to implement P10, have acted in excess of jurisdiction and in a manner that is ultra vires the governing legal framework.

In contrast, the learned State Counsel submitted that the matter falls within the scope of the Motor Traffic Act and that foreign tourists holding International Driving Permits are not eligible to operate three-wheelers in Sri Lanka.

This Court is of the view that the rival contentions raise a serious and substantial question of public law, namely, whether the impugned decision embodied in P10 constitutes an unlawful restriction imposed without statutory authority or whether it represents a permissible exercise of regulatory power under the applicable legislation.

At this stage, it is sufficient for this Court to be satisfied that a serious question of law exists for determination.

Further, this Court is satisfied that if P10 is permitted to operate pending the final determination, the Petitioner’s business operations and the permits already issued by the 5th Respondent would be adversely affected. On the other hand, the granting of interim relief merely preserves the status quo ante existing prior to the issuance of impugned document P10 until the legality of that decision is conclusively determined.

In these circumstances, this Court finds that the threshold requirements for granting interim relief have been satisfied.”



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China, Lanka intensify cooperation to fight cross-border crimes spreading across Asia and beyond

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China and Sri Lanka have intensified joint law enforcement efforts to combat cross-border online gambling and telecom fraud, crimes that authorities warn are increasingly spreading across Asia and beyond.

The Chinese Embassy in Colombo said both countries are working closely to dismantle scam centres and fraud networks that have relocated to Sri Lanka from other parts of Southeast Asia. The Embassy noted that such operations often intertwine with human trafficking and other serious crimes, posing grave risks to public security and social stability.

China’s position on cross-border gambling remains firm: Chinese capital is prohibited from investing in overseas casinos, citizens are barred from operating them, and foreign casinos are forbidden from soliciting Chinese nationals. The Embassy stressed that gambling “almost invariably leads to financial ruin,” with tens of thousands of Chinese citizens suffering losses and harm. Recent amendments to China’s Criminal Law have criminalised cross-border gambling activities.

The Embassy pointed out that Sri Lankan authorities have carried out multiple raids in recent months, dismantling gambling and fraud dens and arresting suspects from several countries. Several Chinese nationals, involved in fraud-related crimes, have been handed over to Chinese authorities, producing what officials described as a strong deterrent effect.

The Chinese Embassy praised the efforts of Sri Lanka’s ministries of Foreign Affairs, Finance, and Public Security, particularly immigration and police officials, for their cooperation.

It warned that without firm and immediate measures, the spread of illegal gambling and fraud could damage Sri Lanka’s international image, undermine social stability, and harm the safety and security of its people.

China has already conducted similar law enforcement cooperation with countries including Spain, the UAE, Myanmar, and Cambodia, leading to arrests and repatriations of overseas fraud suspects. It has also proposed the creation of an international alliance against telecom and online fraud to coordinate global efforts, it said.

Going forward, China pledged to actively implement the Global Security Initiative and Global Civilization Initiative, while continuing to deepen law enforcement and security cooperation with Sri Lanka.

The Embassy said these efforts aim to safeguard lives and property, protect financial security, and build a “clean, safe, and beautiful Sri Lanka,” while contributing to a new global framework for combating transnational crime.

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Asst. Manager, security officer arrested over Rs 30 mn snatch at Horana PB branch

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An assistant manager and a security officer, attached to a state bank branch in Horana, have been arrested in connection with the robbery of more than Rs. 30 million that was being transported to replenish automated teller machines (ATMs), Police said.

The two suspects were taken into custody on Friday after statements were recorded from them regarding the incident, which occurred on Wednesday afternoon at the Horana branch of the People’s Bank.

According to Police, a bank employee was carrying two bags containing cash through the rear entrance of the bank at around 2.45 p.m. when an individual, who had arrived on foot, allegedly snatched the bags and fled the scene.

The stolen money, amounting to approximately Rs. 30.5 million, had been prepared for distribution to ATM machines and transportation to other bank branches. Earlier reports had estimated the loss at around Rs. 35 million.

Investigators subsequently arrested a suspect believed to have been directly involved in the robbery and recovered Rs. 17 million of the stolen cash.

Police have not disclosed the exact circumstances that led to the arrest of the assistant manager and security officer but said investigations uncovered information linking them to the incident.

The Western Province North Crime Division is conducting further investigations to determine whether additional suspects were involved and to recover the remaining stolen money.

The daring daylight robbery has raised concerns over security procedures employed during transportation of large sums of cash to/from banking institutions.Further investigations are continuing.

by Norman Palihawadane

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Anguruwatota elders’ home fire death toll rises to 13

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The death toll from the fire at an elders’ home in Batagoda, Anguruwatota, has risen to 13 after another resident succumbed to injuries while receiving treatment at the Horana Hospital, Police said yesterday.

Six others remain hospitalised with serious injuries.

The fire, which broke out on June 3 at the facility housing nearly 70 elderly residents, left 10 people dead on the spot after they were trapped inside the building, according to Police. A total of 51 occupants were rescued as firefighters brought the blaze under control.

Following the incident, approximately 50 survivors were initially accommodated at Batagoda Junior School before being relocated, with the assistance of Sri Lanka Army personnel, to another branch of the same care organisation in Galpatha.

Police said a Magistrate’s inquiry was conducted at the scene on June 4, during which burnt remains were recovered, under judicial supervision.

Meanwhile, the director of the elders’ home was arrested in connection with the incident and produced before the Horana Magistrate’s Court. He was remanded until June 11.Investigations are continuing into the cause of the fire.

by Norman Palihawadane

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