18.
| (1) Notwithstanding anything to the contrary in the Evidence Ordinance or any other law, the provisions of this section shall apply with respect to proceedings for offences under sections 3, 4, 5, 6 or 7 of this Act |
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| (2) Any statement not amounting to a confession made by any of officer, employee or passenger of any ship and recorded during an investigation or inquiry under this Act and touching any fact in issue or relevant matter in any proceeding for an offence under sections 3, 4,5, 6 or 7 or this Act of which direct oral evidence by him would he admissible, shall be admissible as evidence in such proceeding |
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| (3) Any statement made by any person in a document or other record touching any fact in issue or relevant matter in any proceeding for an offence under section 3 or 4 or 5 or 6 or 7 of this Act shall be admissible in such proceeding if
| | (a) direct oral evidence by such person of such fact in issue or relevant matter would be admissible in such proceeding , and | | |
| | (b) the person who made the statement is dead or by reason of his bodily or mental condition is unfit to attend as a witness , or | | |
| | (c) the person who made the statement is outside Sri Lanka or cannot be found after reasonable steps have been taken 10 find such person, or that there are reasonable grounds to believe that the person who made the statement is being prevented from giving evidence in such proceeding ; and | | |
| | (d) the statement does not amount to a confession made by a person accused of the offence to which the proceeding relates. | | |
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| (4) Any statement in a document or other record made, compiled, received or obtained during the course of any business, trade or profession or other regularly conducted activity and touching any fact in issue or relevant matter in any proceeding for an offence under section 3, 4, 6 or 7 of this Act shall be admissible in evidence in such proceeding if -
| | (a)direct oral evidence of the fact in issue or relevant matter would be admissible in such proceeding ; | | |
| | (b)the statement does not amount to a confession made by a person accused of the offence to which the proceeding relates. | | |
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| (5) Subject to the preceding provisions of this section, any statement amounting to a confession made by any person suspected of having committed an offence under sections 3, 4, 5,6 or 7 of this Act shall be admissible against him in any proceeding for any offence under this Act if the statement is not made to a police officer and is not irrelevant under section 24 of the Evidence Ordinance. |
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Sri Lanka Consolidated Acts