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X-Press Pearl disaster: Owners refuse to abide by SC order

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MV X-Press Pearl

Singapore headquartered X-Press Feeders has refused to abide by Sri Lanka’s Supreme Court order made in July that the company pay an ‘initial’ US$1 billion in damages within a year to Sri Lankan authorities, with the first tranche of US$250 million to be paid by 23 September.

The SC also ordered the company “to make such other and further payments” in the future as the court may direct for causing the country’s worst environmental disaster.

The AFP quoted Chief Executive Shmuel Yoskovitz as having said that the damages wouldn’t be paid for causing Sri Lanka’s worst case of environmental pollution. The AFP, in an exclusive interview, further quoted him as having asserted that paying would have wide-ranging implications on global shipping and set a dangerous precedent.

The company operated the Singapore-registered container ship MV X-Press Pearl that sank off the Colombo Port, in June 2021, following a fire – believed to be caused by a nitric acid leak – that raged for nearly two weeks.

Its cargo included 81 containers of hazardous goods, including acids and lead ingots, and hundreds of tonnes of plastic pellets.

The ship was refused permission by ports in Qatar and India to offload the leaking nitric acid before it arrived in Sri Lankan waters without informing authorities here of the grave hazard it was carrying.

Tonnes of microplastic granules from the ship inundated an 80km stretch of beach along Sri Lanka’s western coast. Fishing was prohibited for months.

Despite its willful negligence in bringing in a dangerous vessel to our waters without any warning, X-Press Feeders Chief Executive Shmuel Yoskovitz has rejected the open-ended nature of the penalty.

“We are not paying because the whole base of maritime trade is based on the limitation of liability. This judgment undermines this limitation of liability.”

“Any payment towards the judgment could set a dangerous precedent for how maritime incidents will be resolved in the future,” he said.

Yoskovitz said the absence of limitations could lead to higher insurance premiums, which would be ultimately passed on to consumers.

The CEO again apologised for the incident, saying the company recognised the disaster and was trying to make amends.

He said X-Press Feeders had already spent US$170 million to remove the wreck, clean up the seabed and beaches, and compensate affected fishermen.

“We are not trying to hide… We are willing to pay more, but it has to be under certain marine conventions and an amount that is full and final, and then it can be settled, and we can move on,” he said.

“But to live under this hanging guillotine – it is simply impossible to operate like this.”

Meanwhile, the Supreme Court has scheduled a hearing on 25 September about the implementation of its decision.

One of the petitioners who sought compensation for the pollution has called for further research to determine the full extent of the damage to the island’s marine ecosystems.

It remains unclear how Sri Lanka’s Supreme Court could enforce its decision.

However, in its 361-page decision, in July, the court ordered police and the state prosecutor to initiate criminal proceedings for non-compliance if the parties were present in Sri Lanka.

Yoskovitz expressed concern over the ship’s Russian captain Vitaly Tyutkalo, who has been banned from leaving Sri Lanka for more than four years, as well as the company’s third-party agents there.

The firm had offered to pay a fine for the skipper’s release, but this was refused, according to Yoskovitz.

X-Press Feeders obtained an order from London’s Admiralty Court in July 2023, limiting its liability to a maximum of £19 million (S$32.9 million), but Sri Lanka has challenged that.

The Sri Lankan government also filed a lawsuit against the ship’s owners in the Singapore International Commercial Court. But that has been stayed pending the result of the case in London, with a pre-trial hearing expected in May 2026.



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Review of progress in reforms and modernisation of key state revenue-collecting institutions

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A progress review meeting on reforms and modernisation initiatives at Sri Lanka’s key state revenue-collecting institutions was held on Thursday  (15) at the Presidential Secretariat, chaired by Secretary to the President Dr Nandika Sanath Kumanayake, with the participation of representatives of the International Monetary Fund (IMF) and officials of the Revenue Administration, Reform and Modernisation Bureau (RARMB) of the Presidential Secretariat.

At the meeting, the IMF representatives commended the revenue collection efficiency of the Department of Inland Revenue, Sri Lanka Customs and the Department of Excise, the country’s three leading state revenue-collecting institutions. Extensive discussions were also held on the progress of the reform and modernisation programmes being implemented at these institutions.

Secretary to the President Dr Nandika Sanath Kumanayake outlined the progress achieved by the three institutions to date and the reforms planned for implementation in the future.

The IMF representatives also highlighted the importance of strengthening risk management, developing human resources and ensuring the efficient operation of computer systems at the respective institutions.

Senior Additional Secretary to the President Seevali Arukgoda also attended the meeting. The IMF was represented by Cindy Negus, Senior Economist in Revenue Administration for the Asia and Pacific, Europe, Middle East and Central Asia regions; Alison Lister, Revenue Administration Adviser; and Gregory Toppin, Resident Revenue Adviser in Sri Lanka. A group of senior officials from the Revenue Administration, Reform and Modernisation Bureau of the Presidential Secretariat also participated.

(President’s Media Division)

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Cut power bills by 3-5%, don’t hike them, consumers demand

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By Anuradha Hiripitiyage

Electricity tariffs should be reduced by between 3 and 5 percent instead of being increased by 2.88 percent in the fourth quarter, as proposed by the National System Operator (NSO), Electricity Consumers’ Association Secretary Sanjeewa Dhammika said.

Addressing a media briefing in Maradagahamula, Divulapitiya, Gampaha, yesterday (16), Dhammika said a proper assessment of electricity generation costs, including the contribution of hydropower, could justify a reduction in tariffs.

He said the NSO had sought approval from the Public Utilities Commission of Sri Lanka (PUCSL) for a 2.88 percent tariff increase, which was expected to generate an additional Rs. 4,438 million.

However, the Commission had indicated that an increase of only 1.46 percent was warranted, amounting to Rs. 2,245 million, he said, adding that even this increase was unnecessary.

Dhammika alleged that the proposed revision sought to pass on to electricity consumers the financial burden arising from the non-arrival of five coal shipments and failed tenders.

“The Government had said that the burden of coal-related losses would not be passed on to the public. It is therefore unjust to make consumers bear these costs,” he said.

He pointed out that the PUCSL had forecast that hydropower would account for 32.34 percent of total electricity generation in the coming quarter, while the cost of such generation would represent only 3.45 percent of the overall cost of electricity production.

Consumers should benefit from the lower cost of hydropower generation rather than bear the burden of more expensive thermal power generation, he said.

Dhammika also questioned the inclusion of Rs. 669 million in capacity charges that had not been approved by the PUCSL, as well as a further Rs. 1,069 million to repay loans relating to incomplete projects.

Including such charges in the proposed tariff revision was unjustifiable, he said.

The PUCSL has given the public until October 30 to submit their views on the proposed tariff revision.

Dhammika said the possibility of increased hydropower generation in the coming weeks, as reservoir levels rise, should also be taken into account when determining electricity tariffs.

He maintained that tariffs could be reduced by 3 to 5 percent if hydropower generation was properly assessed and coal-related losses and unapproved charges were excluded from the calculations.

He further claimed that electricity tariffs could be reduced by as much as 10 percent through the promotion of renewable energy and the effective use of solar power and battery storage systems.

The Electricity Consumers’ Association urged the Government to withdraw the proposed tariff increase, insisting that consumers should not be made to bear costs arising from coal supply problems and other disputed charges.

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Asgiri Mahanayake calls for immediate release of Gnanasara Thera

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Most Ven. Warakagoda Sri Gnanaratana Mahanayake Thera

By S.K. Samaranayake

Most Ven. Warakagoda Sri Gnanaratana Mahanayake Thera of the Asgiri Chapter has called for the immediate release of Ven. Galagodaaththe Gnanasara Thera, who is currently serving a prison sentence, following a court ruling.

The Asgiri Mahanayake made the appeal when a delegation of senior prison officials, including Assistant Commissioner of Prisons and Director of Operations Senaka Pallegedara, called on him on the 16th.

During the meeting, the prelate warned that the continued incarceration of Ven. Gnanasara Thera could lead to a volatile situation and cause public agitation.

Responding to the appeal, the prison officials informed the Mahanayake Thera that the authority to order the release of Ven. Gnanasara Thera did not rest with the Prisons Department but with the President.

Other senior prison officials, including Rajeev Srimal Silva, Sampath Warnakulasooriya and Mangala Welivita, were also present at the meeting.

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