by Chitra Weerarathne

The Colombo Port City Economic Commission Bill would not help Sri Lanka’s economy as it seeks to allow all profits of the venture to flow out to China. The Bill was therefore disastrous, counsel Wijeyadasa Rajapakse, PC told the Supreme Court yesterday.

Dr. Wijeyadasa Rajapakse appeared with Gamini Hettiarachchi for the petition filed by petitioners Ven. Muruththettuwe Ananda Thera and Attorney-at-Law Dasun Nanayakkara.

SLPP MP Dr. Rajapakse submitted that the Port City land had been reclaimed in keeping with an agreement between the government of Sri Lanka and a Chinese Construction Company. The original agreement had been revised followign the 2015 regime change. The Cabinet of Sri Lanka decided that the filled-up land in the Port City should be managed by Sri Lanka and vested in the UDA. The President had to obtain the approval of the UDA, to vest it in the Colombo Port City Economic Commission.

The Bill titled Colombo Port City Economic Commission should be a nullity. The Western Provincial Council had a solid hold on any transfer of this filled-up land in the Port City. In terms of Article 154/3/3 of the Constitution the Bill should be referred to the Provincial Council. It could not be placed on the Order Paper of Parliament, without referring it to the Provincial Council.

The delegation of presidential powers was unconstitutional. The state land might be disposed of by the presidential seal. The powers of the President should not be delegated to other persons, who might be Sri Lankans or Chinese or others. The powers of the President should not be delegated to the Commission to be an auctioneer of the people’s land. The sovereignty of the people, stated in Article 3, should be respected. Development should take place within the framework of the Constitution, upholding the sovereignty of the people. Investments of Sri Lanka should be protected.

The national security is very important. The Board of Investment might handle foreign investments. Article 27 and Article 28 of the Constitution would be violated by the proposed Bill. The Parliament had to protect the fundamental rights. A privilege was given to those to who would be in the new enclave. They would be given tax free benefits. They were living in a separate zone. Very likely the Chinese people would be employed in the new zone. Sri Lankans would not be employed. I

The Commission could lease or sell, the land within the Port City. They would manage the land in the new zone. The Port City would become a separate entity.

Dr. Rajapakshe said:”This Bill is inconsistent with Article 12(1) of the Constitution on equality. The business community in Colombo will have to collapse. The new land will be tax free. The new Bill will not help the economy of Sri Lanka. The profits in this region will flow out to China. The Bill is disastrous.”

“There will be money laundering in the newly proposed land which is stated in the Bill. Article 2,3, and 4 of the Constitution are violated. Article (2) states Sri Lanka is a unitary state. There cannot be another territory within it. The proposed Port City is excluded from the Customs Ordinance. Any prohibited article could be brought in here. All the foreign lands like India and USA are opposed to this Bill”, Counsel Rajapaksa stressed.

“This Bill cannot be passed without a referendum and a two third majority in Parliament.”

Counsel Krishmal Warnasuriya supported another petition. Among the petitioners were persons, from Samagi Jana Balavegaya.

On April 19, 2021, Counsel Weraduwa supported a petition against the Bill. The petitioner here was Kapila Perera.

General Secretary of the UNP, Palitha Ranga Bandara had filed a petition against the Bill. Counsel Viraj de Silva appeared for him.

S. R. Attygalla, Secretary to the Ministry of Finance had submitted an intervention supporting the Port City Economic Commission Bill. President’s Counsel Sanjeewa Jayawardena, appeared for him.

V. K. Choksy, President’s Counsel submitted another intervention supporting the Bill. He appeared with Counsel, D.S. Ratnayake, Gamini Dissanayake, Minoli Alexander for the intervenient the Secretary of the Podu Jana Eksath Peramuna Lawyers’ Association.

Romesh de Silva, PC also submitted an intervention supporting the Bill.

The Bench comprised, Chief Justice Jayantha Jayasuriya, Justice Buwaneka P. Aluwihare, Justice Priyantha Jayawardena, Justice Murdhu N. B. Fernando and Justice Janak de Silva.

Additional Solicitor General Farzarna Jameel, President’s Counsel appeared with Senior Deputy Solicitor General Nerin Pulle for the Attorney General.