Authored by: Uditha Egalahewa, President’s Counsel.
In its recent history Ceylon was first occupied by the Portuguese (1505 AD) then the Dutch (1656 AD) and finally the British (1796 AD) before gaining independence in 1948. The Laws of Portugal were never introduced to any material extent. The Dutch occupation of the Maritime Provinces in 1656 marks the beginning of the Dutch era and has a special significance for our legal system as it determined its distinctive character and the course of subsequent development. The Dutch administered theses Provinces partly according to the Dutch Laws and partly according to the Statues of Batavia, a code of laws promulgated by the Dutch East India Company through its Governor General in Batavia and adopted in Ceylon in1666. Thus the Roman Dutch Law was introduced to Ceylon and became firmly enthroned as its basic fabric – its common law, subject to such deviations as might be legislatively ordained.
In 1795, the French occupied the Republic of the United Netherlands. The King of Netherlands William V fled from Netherlands to England and sought refuge there. The British persuaded William V to instruct Governor Van Angelbeek to permit the British garrisons to land in Ceylon. In consideration, the British assured William V that the British presence on the Island of Ceylon would only be temporary and would until William V would have restored his sovereign position in the Republic.
The Governor Van Angelbleek, though initially was making preparations for the arrival of 800 British Soldiers, due to a miscommunication, decided to resist the British arrival in the Island. When the British troops discovered that the Central Government of Ceylon had changed its mind, they decided to take the Island by force. The Fortresses of Trincomalee, Batticaloa, Jaffnapatnam, Mannar, Kalpitiya, Chilaw and Negombo were conquered from Dutch. Meanwhile, the British managed to get the support of the Kandyans. On 14th February 1796, Colombo was surrounded by 10,000 soldiers. On 15th February 1796, Governor Van Angelbleek and Major Agnew signed the Capitulation Treaty. During the first two years Ceylon was governed from the City of Madras. On the 1st of October 1798 Fredrick North assumed duties as the first British Governor of Ceylon.
The Proclamation of 23rd September 1799 provided the basis for the continuity of Roman Dutch Law. The British Colonial Policy at that time was to maintain the legal system existing in their newly acquired colonies insofar as possible. In conformity with the policy, Governor North was given the instructions from London to continue the administration of Justice based on the Dutch Legal System that existed for over a century in Ceylon by that time.
This article critically analyses in detail the applicability of English Law in Sri Lanka, especially in relation to Commercial Laws.
To read the full article click here: Commercial Laws of Sri Lanka: Application of English Law
