Thread by @SurenFernando

Thread

1/13
The Supreme Court Determination on the #PortCityBill is available on the @ParliamentLK website:

parliament.lk/uploads/bills/…

Some of the clauses have been held to require a special (2/3) majority, while some have been held to require 2/3 + referendum. 👇🏼

2/13
Re Composition of the Commission:
AG has agreed to include amendments to ensure that the majority of commissioners are Sri Lankan. (Under the original formulation, all could have been foreigners)

3/13
Clauses 3(6), 30(3), 55(2), & 58(1) provided that Regulatory Authorities (RA) could be compelled by the Commission to grant requisite approvals.
SC determines that this violates A.12(1). Amendments to be made to ensure that RA retain their discretion.

4/13
The SC also determines that the Commission can only exercise regulatory powers vested in other RAs after obtaining their concurrence, and that the RA's power within the PortCity area continues unimpeded.

5/13
The SC determined that the power granted to the Commission (sans Parliamentary control) (clause 68(1)(f) & 68(3)(a)) to make rules etc with penal sanctions, is inconsistent with Articles 76, 3 & 4

6/13
The SC determines that the Commission cannot make Development Control Regulations (clauses 3(4) & 6(1)(u)) without Parliamentary control.

7/13
Clauses 52(3), 52(5), 71(2)(p) at present do not provide guidelines for granting exemptions.
Determined to violate Articles 3,4,76.
SC determines that Regulations must be promulgated specifying criteria, and Parliamentary approval must be obtained for such Regulations.

8/13
Clause 60(c) & (f) which seeks to grant taxation powers to the Commission is inconsistent with Article 148.

9/13
Clause 37 permits an Authorised Person to engage in business, in partnership with a citizen, outside the area of the #PortCity.
SC determines that in such event, exemptions granted cannot apply to business carried on outside the Port City area.

10/13
Clause 63 sought to grant such priority to cases of parties within #PortCity that even illness of counsel would not be a ground for postponement.
AG agreed this would be amended.

11/13
The Determination also lists out some of the other amendments which the AG stated would be incorporated.

12/13
The Determinations of the SC (and the amendments necessary if it is to be enacted without 2/3 and / or a referendum) are summarised at the end of the SD... (contd...)

13/13
(...contd from 12/13)

/end