8.
| (1) Where the Central Authority receives from the appropriate authority of a specified country-
| | (a) a summons or other process requiring a person to appear as defendant or attend as a witness in criminal proceedings in that country ; | | |
| | (b) a document issued by a court exercising criminal jurisdiction in that country and recording a decision of the court made in the exercise of that jurisdiction. | | |
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| (2) Where the appropriate authority has, in his request to the Central Authority, specified the mode of service, the Magistrate of the Magistrate's Court to which such process or document has been sent under subsection (1), shall cause such process or document to be served, wherever practicable in accordance with such request unless such mode is inconsistent with the laws of Sri Lanka. Where the mode of service specified in the request is inconsistent with the laws of Sri Lanka, the Magistrate shall cause such process or document to be served in accordance with the laws of Sri Lanka. |
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| (3) Where such process or document is served on the person to whom the request relates the Magistrate shall transmit to the Central Authority, a certificate setting out when and how it was served, and shall, where available, attach thereto, an acknowledgement signed by the person on whom it was served. |
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| (4) If such process or document cannot be duly served on the person to whom the request relates, the Magistrate's Court to which such process or document was sent under subsection (1) shall subject to subsection (5), return such process or document to the Central Authority with a statement giving such information as the Court possesses as to the whereabouts of such person and unless the Central Authority is satisfied that such person is not residing in Sri Lanka, he shall deal with such process or document under subsection (1), where the Central Authority is satisfied that such person is not residing in Sri Lanka, he shall return such process or document to the appropriate authority in the specified country making the request. |
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| (5) If the Magistrate of the Magistrate's Court to whom the process or document is sent under subsection (1), is satisfied that such person is residing within the jurisdiction of another Magistrate's Court in Sri Lanka, he shall sent such process or document to the Magistrate of that other court and shall inform the Central Authority that he has done so. |
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| (6) The Magistrate of the Magistrate's Court to which the process or document is sent under subsection (5), shall proceed as if it had been sent to such court under subsection (1). The Magistrate shall after it has been served on the person to whom the request relates, transmit to the Central Authority a certificate setting out when and how it was served and shall, where available attach thereto an acknowledgement signed by the person on whom it was served. |
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| (7) The Central Authority shall on receipt of a certificate under subsection (3) or subsection (6), transmit the same to the appropriate authority of the specified country making the request. |
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| (8) The Service of any such process referred to in paragraph (a) of subsection (1), on any person shall not impose any obligation on such person under the law of Sri Lanka to comply with it. |
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Sri Lanka Consolidated Acts