16.
| (1) The Ombudsman shall have power for the purposes of any investigation
| | (a) to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses, as he may think necessary or desirable to procure, receive or examine ; | | |
| | (b) to require the evidence, whether written or oral, of any witness to be given on oath or affirmation, such oath or affirmation to be that which would be required of the witness if he were giving evidence in court, and to administer an oath or affirmation to every such witness; | | |
| | (c) to summon any person to give evidence, or to produce any document or other thing in his possession or control, and to examine him as a witness or to require him to produce any document or other thing in his possession or control; | | |
| | (d) to direct any person in charge of a prison, house of observation, mental hospital, or other place of detention, to produce any person in his custody or charge before the Ombudsman for the purpose of being examined or to produce any document or other thing in the possession or control of such person; and | | |
| | (e) notwithstanding any of the provisions of the Evidence Ordinance or of any other written law but subject as hereinafter provided, to admit any evidence, written or oral, which might in the opinion of the Ombudsman be of assistance in the investigation. | | |
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| (2) Every such examination of a witness shall be deemed to be a judicial proceeding for the purposes of Chapter XI of the Penal Code. |
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| (3) A person who is bound by the provisions of any special law to maintain secrecy in relation to, or to refrain from disclosing, any matter, shall not give evidence or information, or answer any question, or produce any document or other thing relating to such matter, if by so doing he would be acting in breach of such obligation of secrecy or non-disclosure: |
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| (4)
| | (a) No person shall give any evidence or answer any question or produce any document or other thing, if the Attorney-General certifies that the giving of such evidence or Information, the answering of such question, or the production of such document or other thing as the case may be, will or is likely to
| | | (i) prejudice the security, defence or international relations of Sri Lanka (including the relations of Sri Lanka with any international organization or agency) ; |
| (ii) involve the disclosure of deliberations or proceedings of the Cabinet, or of any committee of the Cabinet, relating to matters of a secret or confidential nature; |
| (iii) obstruct or hinder the investigation or detection of offences; or |
| (iv) contravene the provisions of the Official Secrets Act. |
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| | (b) Subject to the provisions of this Act, any rule of law which authorizes or requires the withholding of any document, or the refusal to give any evidence or information or to answer any question, on the ground that the disclosure of such document, the giving of such evidence or information, or the answering of such question, would be injurious to the public interest, shall not apply in respect of any investigation by the Ombudsman. | | |
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| (5) Except as otherwise provided in subsections (3) and (4), every person shall have, in relation to the giving of evidence or information, the answering of questions, and the production of documents and other things, the same privileges and immunities as he would be entitled to if he were a witness giving evidence in a court of law. |
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| (6)
| | (a) No person shall, in respect of any evidence, information or answer given, or any document or other thing produced, to or before the Ombudsman, be liable to any action prosecution or other proceedings civil or criminal. in any court or tribunal. | | |
| | (b) No evidence of a statement made or answer given by any person, to or before the Ombudsman, shall be admissible against such person or any other person in any action, prosecution or other proceeding, civil or criminal, in any court or tribunal. | | |
| | (c) No evidence of any document that is sent to the Ombudsman or his officers, or by the Ombudsman or his officers, in the course- of, or for the purposes of, an investigation under this Art and was prepared specifically for the purposes of an investigation shall be admissible in evidence in any proceeding, civil or criminal, in any court or tribunal: Provided that, nothing in the preceding provisions of this subsection shall
| | | (i) abridge or affect, or be deemed or construed to abridge or affect, the liability of any person to any action, prosecution or penalty for any offence under Chapter XI of the Penal Code read with subsection (2) of this section, or for any offence under section 20, or for the breach of his obligation of secrecy or non-disclosure under this Act; or |
| (ii) prohibit or be deemed or construed to prohibit the publication or disclosure of the nature of the evidence or any part of the evidence of any person for the purposes of any such action or prosecution. |
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Sri Lanka Consolidated Acts