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Sri Lanka fishermen warned off X-Pres Pearl fire zone amid oil...

ECONOMYNEXT – Sri Lanka’s fisheries ministry has advised fishermen to move away from a blazing container ship near the coast with fears of an oil spill damaging marine life and reaching several fishery harbours on the island’s Western coat.

A fire aboard the container vessel X-Press Pearl which was initially doused, re-ignited on May 25 and has worsened overnight amid strong winds.

“We have asked them to take it to the other way towards the sea but the issue again is there will be more of an oil spillage which we will have to somehow contain, and there will be some damages to marine life from Negombo to Colombo,” State Minister for Fisheries Kanchana Wijesekera told EconomyNext.

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Sri Lanka braces for Tier II oil spill from blazing container ship X-press Pearl

The Chairperson of Sri Lanka Marine Environmental Protection Agency Dharshani Lahandapura said preparations are being made for a Tier II oil spill, involving up to 100 metric tonnes. The ship was originally carrying about 300 tonnes of fuel.

“We are planning it to the next level, and we declare it as potential Tier II oil spillage,” she said.

Sri Lanka has readied dispersal chemicals and booms to contain the spills, she said.

Sri Lanka’s fisheries ministry together with the ports authority’s, the Marine Environment Protection Authority, Navy and Army are in discussions over the next steps.

“Now we are in discussion to see how we are going to manage the next step which is the oil spillage and containing the fire.

They are expecting a spill and it will happen so contemplating how to minimize it,” Minister Wijesekera said.

“There are two options; one to drag the ship towards the coast which they say will reduce the spillage and contain the fire better,

“But if it does have explosions and chemicals that will be a problem for the people living in the coastal areas, so we have advised not to drag it to the coast if it affects the people.

There are signs of #oilspill in to the ocean from the X-Press Pearl vessel. Department of #Fisheries is working together with MEPA, Navy, CoastGuard and other authorities to contain and clean up the oil spill to minimize the damage to the #marineenvironment. pic.twitter.com/2dDP781inX

— Kanchana Wijesekera (@kanchana_wij) May 25, 2021

Aerial footage postage on Minister Wijesekera’s Twitter feed shows the fire blazing. Sri Lanka Navy said the ship was listing to starboard and the fire was spreading to the quarterdeck which housed the bridge.

He says it’s a risk either way, but they cannot take a risk on human lives.

“We can’t take a risk on human life that’s why we advised taking the vessel as further as possible but they are still in discussion and an expert group from the Netherlands is also working with us.”

Two days ago the fisheries department was notified not to allow anyone to fish close to the coastal areas from Kalutara to Negombo, basically from Panadura to Dikkowita Fishery Harbor because the fire aboard the vessel may release chemicals that may be hazardous to health.

Fishing communities around the areas go fishing every day. Since some containers have chemicals and the fire could emit harmful gases fishermen have been warned not to go near them but report them to the authorities.

“We have been told that since the explosions took place there are about eight containers which have fallen into the sea, so as not to be in contact with the containers or the debris from the vessels.
(Colobmo/May25/2021)

Namo, Namo, Cheena! – Lucine Rajakarunanayake

The Island cartoon yesterday by Jeffrey Kelaart stuck more than a nail in my heart.

The Ceylon Chamber of Commerce now offers its members the opportunity to purchase AstraZeneca Covid vaccines for Rs, 5,000 each. This is the alarm that most of those, like me, have obtained the first dose of its many weeks, and nearly two months ago, face today.

Are we moving to a huge fraud – a Vaccine Black Market – as the country suffers the swelling spread of the Covid pandemic?

Meanwhile, the GMOA, which has been largely silent on the questionable actions of the government and official health authorities on the Covid issues, has also called for a National Vaccine Strategy in the current crisis. Timely no doubt. An action that should have been thought of by the government, at least when the second wave of the pandemic began last year. What we see today is not any Vaccine Strategy, but a vastly growing Vaccine Fraud – in keeping with the political dominance of the Raja Vasala.

This Vaccine Fraud is the stuff of husbands of Health Power, Ministers of Official Communication, and performers on the political stages of this government. This Vaccine Fraud or Ennath Vanchava will soon dominate the social structure of the country, giving a new meaning to the Saubhagyaye Dekma that is guiding the entire structure of governance today.

With the Colombo Port City Act adopted by a simple majority in parliament, after many items contrary and threatening to the Constitution being suitably altered, thanks to the Supreme Court, we are now in process unveiling the actual politico-economic strategies of this government. A two-day debate for such an important piece of legislation, giving just two days – from the seven days allowed under the law – to file objections in the Supreme Court, and the absence of any wide public discussion and debate on it, shows the government’s overall contempt for democracy.

Far away in Beijing, there must have been a Chinese celebration on the passage of this Act, with plenty of fire-crackers and loud cheers from key members of the Chinese Communist Party. We may soon learn that the Chinese Communisty Party would also donate another 500,000 of a Chinese vaccination to Sri Lanka. Sri Lankans will have to keep a watch as to when the Chinese flags are fully raised over the Colombo Port City, and the Chinese language dominates the name boards, signboards and street signs of this place.

The stuff in the draft law on the Colombo Port City gives the impression it may not have been drafted in Sri Lanka. How could the Attorney General’s Department and/or the Legal Draftsman’s Department have brought in more than Twenty-five violations or clear departures of the Constitution of Sri Lanka? Did the learned in law in the government and the Cabinet of Ministers not know of these huge, and dangerous departures from the Constitution?

Would the learned lawyer and President’s Counsel, Ali Sabry, the Minister of Justice, have missed so many violations of our constitutional process? Or was it silence, to make way for the anti-constitutional thinking of the power that manipulates government policy today – the fingertips of Saubhagyaye Dekma?

We head Professor of Law, Minister G.L. Peiris, who is Minister of Education, tell parliament that this Bill could be passed with a simple majority. He was certainly trying to educate MPs, but how come he glossed over the multiple violations of the Constitution that the original Bill carried?

To get back to the Vaccine Fraud or Ennath Vanchava that we see developing within the government, the Port City Act adopted with such speed and lack of public discussion has all the promise of a huge and disastrous Governmental Fraud – an Aandukrama Vanchava – which moves far away from the democratic principles and processes this country has tried to maintain, with much failures and difficulties since independence in 1948.

The violations of the democratic process we have seen under Sirimavo Bandaranaike, and much worse under J. R. Jayewardene, are now taken to a situation of disaster. Let’s not forget that the Pro-Chinese Port City Law is a complete departure from democracy, launched by the 20th Amendment to the Constitution.

This is a huge fraud in the governmental process, paving the way for a Beijing dominated, Sino-Lankan governance, where Sri Lankan will do much more for China than the Belt and Road Project. It may not be very far when we sing ‘Namo, Namo Cheena”, when we should be singing Namo, Namo, Matha.

The dawn of the Cheena Saubhagyaye Dekma

The post Namo, Namo, Cheena! – Lucine Rajakarunanayake appeared first on Sri Lanka Brief.

Ceylon General Election 1956

I.D.S. Weerawardena PREFACE Democracy is still young in, Asia. Because of its youth there is considerable vigour and exuberance ; be-=cause of its comparative novelty there...

Sri Lanka police to prosecute two main opposition parties over...

Opposition claims Covid health guidelines followed during protests
DGHS’ health guidelines, Quarantine Ordinance, Penal Code violated: DIG Ajith Rohana
Port City Law will affect unborn generations: Dr. Harini Amarasuriya

The Police are to take legal action against Opposition parties, the Janatha Vimukthi Peramuna (JVP) and the Samagi Jana Balawegaya (SJB), over recent protests conducted by them near the Parliament against the Colombo Port City Economic Commission Bill.

Speaking to The Sunday Morning, Police Media Spokesman DIG Ajith Rohana said that legal action would be taken against both protests due to the alleged violation of quarantine-related rules and regulations.

The JVP, which is represented in the parliamentary Opposition under the National People’s Power (NPP) alliance, staged the said silent protest at the Polduwa Roundabout on 19 May, while the protest of the main parliamentary Opposition party, the SJB led by party Leader and Opposition Leader Sajith Premadasa, was held near the Parliament Roundabout on 20 May.

The protests demanded that the Government not be allowed to pass the said Bill in the midst of the heightened Covid-19 pandemic environment in the country.

The Bill was, however, passed in Parliament on 20 May with a super majority.

DIG Rohana said that according to the B Report filed in the relevant court by the Officer-in-Charge of the Welikada Police, approximately 150 people had taken part in the JVP protest at the Polduwa Roundabout. The protestors had, according to him, violated the quarantine rules and regulations, especially the provisions in the gazette published on 15 October 2020, the health guidelines published by the Director General of Health Services (DGHS), provisions of the Quarantine and Prevention of Diseases Ordinance, and certain provisions of the Penal Code.

Legal action would be taken against the perpetrators after identifying them from the closed circuit television footage, DIG Rohana added.

Accordingly, action is to also be taken against the SJB protest where, it is learned, approximately 30 people had participated.

However, speaking to The Sunday Morning, NPP parliamentarian Dr. Harini Amarasuriya said that the party is not afraid of any legal action since they conducted the protest in connection with a national concern.

“If this Colombo Port City Economic Commission Bill is approved, we won’t be able to revise it for another 99 years. People should know the upcoming danger and the damage that could happen to the country by approving it. This could have an effect over the unborn generations as well,” she claimed.

According to Dr. Amarasuriya, the protest was not against the quarantine rules and regulations. “We did it while observing the social distancing rule and by wearing masks. So how could they say that we violated the law?”

By Dinitha Rathnayake/The Morning

The post Sri Lanka police to prosecute two main opposition parties over anti-portcity protests! appeared first on Sri Lanka Brief.

“You talk about Eelam but Port city is a “Cheelam” where...

Before I commence my comments on the [Port City] Bill  I must place on record our protest at having this debate at a time like this, when there is a third wave of Covid – 19; when many experts have publicly declared that the alert level should be level – 4 and not level – 3.

Prof. Malik Peiris and Prof. Kamini Mendis have jointly issued a statement to the public. The Government has failed to adhere to professional advice on this matter, all for the sake of hurriedly having this Bill enacted in Parliament today.

There is a lot of talk about why this still remains a part of the country. Government speakers have repeatedly asked the question as to why focus is being made on China, when anyone can come and invest in this artificially created land mass that is annexed to the city of Colombo.

When I appeared in the determination before the Supreme court, I asked their Lordships the question as to why they were wasting their time trying to determine on a Bill that related to a place which is not part of Sri Lanka. And it is that intrigue with which I speak today as well as to why this house is deliberating on something that doesn’t relate to Sri Lanka. I will tell you the reason why I say that at the end of my speech.

Now with regard to,  with regard to the Chinese issue, just two days ago, Hon. Shanakiyan Rasamanikkam tweeted, about a board that was placed in this place called Central Park, which had a name board in Sinhala in English and in Chinese. Sinhala, English and Chinese. And you dare ask the question why people are saying Chinese, Chinese…. And that is not all; when he raised that question no Sri Lankan authority gave a reply. There is a tweet by the Chinese embassy … there is a tweet in reply by the Chinese embassy saying “We noticed an interim sign in a JV building site, not abiding by tri lingual rules; request raised, we respect all three official languages and urge companies to follow”.

They are saying we will rectify it. Not your Government. What has the Chinese embassy to do, with how name boards are to be put in this place? They have taken responsibility- they have taken over the Land- and you are engaging in an exercise trying to enact law for that area.

Now with regard to the Supreme Court determination: The Supreme Court engages in one exercise, to go clause by clause to see if it is inconsistent with any provision of the Constitution. Now you try to avoid that also happening and timed it in a way that there was only one day available for anyone to invoke the jurisdiction of the Supreme Court. Yet more than 20 petitions were filed. If they had not been able to do that you would have passed the Bill in the form in which it was Gazetted.

For all that you say about the legislature and its power; “Supremacy of Parliament” you had given powers to make rules, even criminal Laws, to punish people to that commission. And the Supreme Court has ruled that out as requiring even a referendum, because it violates the Parliament’s legislative powers.

Because of shortness of time I’ll give you just two examples as to why Supreme Court’s determination is not so relevant to us today. When we make laws we not only look at constitutionality, we also have to look at desirability and what is good for the country. Look at clause 40 (1)- there was lot of discussion here, about 30, 33, and 40. In 30 where you require a license to visit this place, “it is there” , any person wishing to visit this place requires a license. Supreme Court has said you can’t have that word “visit”, take it out. But you tried to have it. Now that is in addition, ‘an additional requirement this has to be read with clause 74 which gives this commission concurrent powers with several regulatory authorities.

And one of those regulatory authorities is the Controller of Immigration and Emigration. What has this commission got to do with the controller of Immigration and Emigration? That is why what you tried to sneak in, was in fact a Visa requirement ‘additional license’ for anybody to visit. Even now, if you are to reside in that place you have to get a separate license.

Now if you look at clause 40 Hon. [Vasudewa] Nanayakkara, you will see boarder control. So much you say about federal structure. Where in the world in a federal arrangement do you have boarder control between federal states? You don’t have that.

That is why we say this is not even federal, this goes far beyond that. Its boarder control.

Clause 40 says, any person, any Sri Lankan who enters that place. You can use Sri Lankan rupees ‘all that is said’, but when he’s leaving the place, clause 40 sub (2)’ when he’s leaving that place’ he has to pay a levy. Supreme Court has said No! change that! change those wordings: don’t say “leaving the place”, “taking the goods out”. That’s customs control! As if it makes any difference at all, leaving the place and taking the goods out. If you purchase any goods, the original draft said leaving the place you must pay a levy. Now the Supreme Court wants you to change it to “taking goods out”. It meant the same thing, no difference at all. Cosmetic changes. That is what the Supreme court has prescribed. But what is more important?

There is still going to be boarder control, something that you don’t have. You have to subject your things, your baggage, to a customs check and you have to pay a levy. If you are buying something – you buy Pizzas and you take it out, you have to pay a levy. So this is only examples that I can refer to.

It is a private company; this is not a Government corporation.

I heard Hon. Prof. G.L. Peiris say that this is a government entity. No it is not! It has not been so made and the Supreme Court hasn’t declared it be one. Even members who are to be appointed to this commission, five or up to seven can be foreigners ‘that is what the Bill says’. And that is what Counsel for the Secretary to the President told the Supreme Court, “that even the Chief Justice can be appointed who is a foreigner’, and so what’s the big deal he said. And the Supreme Court has not dealt with that.

The Supreme Court has thought it not fit to deal with that, because that has been our position right along ‘that there’s nothing unconstitutional about appointing any foreigner to even be a judge’. So that position has been retained in the determination of the Supreme Court. But nevertheless you are now bringing, – even though it is not prescribed by the Supreme court, you are bringing an amendment to say majority of them will be Sri Lankans. There is an argument that Hon. Keheliya Rambukwella just referred to, that Mr. Kanag – Isvaran advanced before the Supreme Court. It’s at page 14, that this does not form part of Sri Lanka’s territory in terms of International Law, or even Domestic Law.

Supreme Court has dealt with that in page 19. It doesn’t merely dismiss it as you said. This is what it says: it says, that so far no court has ruled it to be so. So far no court has ruled it to be that it is outside Sri Lanka. And this is what they say; presumption of validity, referring to annexation of this as part of the district of Colombo, they say presumption of validity exists pending a final decision by a court and they say the Supreme Court exercising special jurisdiction for determination is not that court. So it still is open for anybody, particularly the Chinese authorities, to claim this to be not part of Sri Lanka. And this determination will assist them in that. And finally Hon. Presiding member, I said, you wouldn’t even consider a federal arrangement, ‘something that exist in almost 100 countries in the world’.

But here you have given away part of Sri Lanka to be given to another Country. You say so much about Eelam; but this is “Cheelam”.

This is Cheena, this is “Cheelam”, that you are enacting in your own laws, when you even don’t have jurisdictions over that territory, but declaring it and gifting it in your territorial waters, a land mass to China. And you will reap, the consequences of this. Hon. Ponnambalam was to refer to various factors about this region. I don’t want to repeat that. You will reap the consequences of this injudicious act of yours very soon.

Excerps from the speech made by Hon. M.A. Sumanthiran in Parliament today (20-05-2021) on the 2nd reading of Colombo Port City Economic Commission draft Bill.

The post “You talk about Eelam but Port city is a “Cheelam” where you don’t have jurisdictions over that territory” – M.A. Sumanthiran (MP) appeared first on Sri Lanka Brief.

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