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LAWS OF BRUNEI
CHAPTER 17
IMMIGRATION
23 of 1956
1984 Ed. Cap. 17
Amended by
12 of 1957
S 99/59
1 of 1962
24 of 1967
S 1/85
S 17/87
S 24/90
S 32/96
S 6/98
REVISED EDITION 2002
(15th March 2002)
Section
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
3. Appointment of Controller and other officers.
4. Exercise of powers.
PART II
ADMISSION INTO BRUNEI DARUSSALAM
5. Entry into Brunei Darussalam.
6. Control of entry into Brunei Darussalam.
7. Right of entry.
8. Prohibited immigrants.
9. Power to prohibit or limit entry into Brunei Darussalam.
PART III
ENTRY AND RE-ENTRY PERMITS
10. Entry Permits.
11. Re-entry Permits.
12. Endorsement of name of wife and children on Entry and Re-entry Permits.
13. Power to make enquiries.
14. Cancellation of Permits.
15. Effect of cancellation or expiry of Permit or Pass.
PART IV
PROCEDURE ON ARRIVAL IN AND DEPARTURE FROM BRUNEI DARUSSALAM
16. Immigration signal.
17. Vessel or flying-boat to proceed to Immigration Anchorage or otherplace ordered by Immigration Officer.
18. Aircraft arriving in or departing from Brunei Darussalam.
19. Persons not to board or leave vessel or flying-boat untilexamination completed.
20. Prohibition on disembarking from vessels or flying-boats withoutpermission of Immigration Officer.
21. Prohibition of removal of articles before examination.
22. Production of certain lists and persons by masters of vessels.
23. Production of lists and persons by captain of aircraft.
24. Examination of persons arriving by sea.
25. Examination of persons arriving at authorised airport.
26. Examination of persons entering Brunei Darussalam by land or at aplace other than an authorised airport.
27. Power to send person to immigration depot.
28. Interrogation of travellers.
29. Medical examination.
30. Immigration Officer may give instructions to prevent evasion of examination.
PART V
REMOVAL FROM BRUNEI DARUSSALAM
31. Removal of prohibited immigrants from Brunei Darussalam.
32. Removal of illegal immigrants.
33. Removal of persons unlawfully remaining in Brunei Darussalam.
34. Detention of persons ordered to be removed.
35. Power to arrest person liable to removal.
36. Unlawful return after removal.
PART VI
MISCELLANEOUS
37. Performance of duties of Immigration Officers.
38. Authority of Immigration Officer to arrest.
39. Power to summon witnesses etc.
40. Duty of police officers to execute orders.
41. Departure of vessel or aircraft for Brunei Darussalam to bereported.
42. Restriction of discharge of member of crew.
43. Signing on or bringing as one of the crew any person with intentto land contrary to this Act.
44. Security to prevent unlawful landing.
45. Reports as to persons failing to continue their journey.
46. Repatriation.
47. Masters and others liable for expenses.
48. Obligation to afford free passage.
49. Power to detain vessel or aircraft.
50. Powers of arrest and search.
51. Registration of particulars for purposes of identification.
52. Counterfoils and counterparts to be prima facie evidence.
53. Regulations.
54. Power to exempt from provisions of Act.
55. Offences.
55A. Offences by owners and tenants etc.
55B. Prohibition of immigration offender entering or remaining at workplace.
56. Proceedings not to affect liability to removal.
56A. Presumption regarding certain offences.
57. When clearance of vessel or aircraft may be refused.
58. General penalty.
58A. Power to compound offences.
59. Court of a Magistrate to have full jurisdiction.
60. Recovery of debts etc.
61. Saving.
________________________
IMMIGRATION ACT
An Act to regulate immigration into Brunei Darussalam
Commencement: 1st July 1958
[S 41/58]
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Immigration Act.
Interpretation.
2. In this Act, unless the context otherwise requires —
“aircraft” includes flying-boat;
“authorised airport” means respectively an airport, a landing place or a point of entry declared to be an authorised airport, landing place or point of entry as the case may be, under subsection (1) ofsection 5;
“authorised landing place” means respectively an airport, a landing place or a point of entry declared to be an authorised airport,landing place or point of entry as the case may be, under subsection (1) ofsection 5;
“authorised point of entry” means respectively an airport,a landing place or a point of entry declared to be an authorised airport,landing place or point of entry as the case may be, under subsection (1) ofsection 5;
“Controller” means the Controller of Immigration appointedunder section 3;
“crew” includes every seaman on a vessel, and every person employed in the operation of an aircraft or in any service rendered to the crew or passengers of such aircraft while in flight;
“employ” means to engage or use the service of any person,whether under a contract of service or otherwise, with or withoutremuneration;
[S 6/98]
“entry” means —
(a) in the case of a person arriving by sea,disembarking in Brunei Darussalam from the vessel in which hearrives;
(b) in the case of a person arriving at an authorised airport by air,leaving the precincts of such airport;
(c) in the case of a person who enters by land and proceeds to animmigration control post in accordance with section 26, leaving the precincts of such post for any purpose other than that of departing from Brunei Darussalam by an approved route for some place outsideBrunei Darussalam; and
(d) in any other case any entry into Brunei Darussalam by land, sea or air:
Provided that it shall not include in any case an entry made for the purposeof complying with this Act or an entry expressly or impliedly sanctioned by anImmigration Officer for the purpose of an enquiry, proceeding ordetention under the provisions of this Act;
“Entry Permit” means a Permit to enter and includes a Permit toremain in Brunei Darussalam issued under the provisions of section10;
“family” means wife and children under 18 years of age;
“flying boat” means any aircraft designed to alight, andalighting on water;
“harbour” includes the giving of food or shelter and the act ofassisting a person in any way to evade apprehension;
[S 24/90]
“immigration control post” means a post established as such bythe Controller at a place declared to be an immigration control post undersection 5;
“immigration depot” means any place designated or authorised bythe Controller for the examination, inspection or detention of persons underthis Act;
“Immigration Officer” means the Controller and any personappointed under section 3 and includes a Senior Immigration Officer;
“immigration signal” means such signal as may be prescribed forvessels which arrive in Brunei Darussalam;
“master” means in relation to a vessel any person havingcommand thereof and in relation to an aircraft the captain thereof;
“officer of customs” has the same meaning as in the Customs Act (Chapter 36);
“Pass” means any Pass issued under the provisions of anyregulations made under this Act entitling the holder thereof to enter and remaintemporarily in Brunei Darussalam;
“passenger” means any person carried in a vessel or aircraft,other than any member of the crew;
“Permit” includes an Entry Permit and Re-entry Permit;
“Port Officer” includes any shipping master or other officer discharging the duties of a shipping master;
“prohibited immigrant” means a person declared to be a prohibited immigrant under section 8;
“Re-entry Permit” means a Permit to re-enter Brunei Darussalamissued under the provisions of section 11;
“seaman” includes the master and any person carried in a vesselas a bona fide member of the staff employed in the operation or serviceof such vessel and, if such vessel has articles, entered on such articles;
“Senior Immigration Officer” means a Senior ImmigrationOfficer appointed under section 3 and any other person appointedthereunder of or above the rank of Assistant Controller;
“stowaway” means a person who goes to sea secreted in a vesselwithout the consent of the master or other person in charge of the vessel or ofa person entitled to give such consent and includes a person arriving in BruneiDarussalam on board any aircraft who is on board without the consent of themaster or of a person entitled to give such consent;
“through passenger” means any passenger who arrives in BruneiDarussalam by a vessel or aircraft and who is continuing his journey in the samevessel or aircraft to a place outside Brunei Darussalam;
“transportation company” means any government, municipality, bodycorporate, or organisation, firm or person carrying or providing for the transit of passengers, whether by vessel, aircraft, railway, highwayor otherwise, and includes any 2 or more such transporting companiesco-operating in the business of carrying passengers;
“travel document” includes an internationally recognised passport, a certificate of identity and any similar document,issued by an authority recognised by the Controller.
Appointment of Controller and other officers.
3. His Majesty the Sultan and Yang Di-Pertuan may appoint a Controllerof Immigration and such Deputy Controllers, Assistant Controllers, SeniorImmigration Officers and other officers as he may consider necessary for theproper carrying out of the provisions of this Act.
Exercise of powers.
4. The powers and discretions vested in the Controller by this Act andthe duties required to be discharged by him may, subject to such limitations asmay be prescribed by regulations made under section 53, be exercised anddischarged by a Deputy Controller, and by an Assistant Controller or a SeniorImmigration Officer duly authorised in writing in that behalf by theController.
PART II
ADMISSION INTO BRUNEI DARUSSALAM
Entry into Brunei Darussalam.
5. (1) His Majesty in Council* may, by notification in the Gazette , prescribe approved routes and declare such immigration control posts, landing places, airports or points of entry, as he may considerto be necessary for the purposes of this Act; to be immigration control posts,authorised landing places, airports or points of entry as the case may be, andno person shall, unless compelled by accident or other reasonable cause, enterBrunei Darussalam from any place outside Brunei Darussalam except at anauthorised landing place, airport or point of entry.
(2) His Majesty in Council* may, by notification in the Gazette ,prescribe approved routes and declare such immigration control posts, places of embarkation, authorised airport, authorised points of departures orauthorised departing place, as the case may be, and no person shall, unlesscompelled by accident or other reasonable cause, leave Brunei Darussalam exceptat an authorised place of embarkation, airport, point of departure or place ofdeparture.
[S 1/85]
(3) Any person who contravenes the provisions of subsection (1) or
(2) of this section shall be guilty of an offence under this Act.
[S 1/85]
Control of entry into Brunei Darussalam.
6. (1) No person other than a citizen of Brunei Darussalam shallenter
Brunei Darussalam from any place outside Brunei Darussalam unless —
(a) he is in possession of a valid Entry Permit or Re-entry Permit lawfully issued to him under the provisions of section 10 or 11;
(b) his name is endorsed upon a valid Entry Permit or Re-entry Permitin accordance with the provisions of section 12 and that he is in the company ofthe holder of such Permit;
* Transferred to the Minister with the approval of His Majesty the Sultan andYang Di-Pertuan — [S 54/89]
(c) he is in possession of a valid Pass lawfully issued to him toenter Brunei Darussalam;
(d) he is in possession of a valid Residence Permit lawfully issued tohim; or
(e) he is exempted from the provisions of this section by an ordermade under section 54.
(2) Any person who has entered or remained in Brunei Darussalam inaccordance with a pass lawfully issued under this Act shall complete anembarkation form and submit it together with his passport or other traveldocument for examination by an immigration officer at the time he leaves BruneiDarussalam.
[S 1/85]
(3) Any person who contravenes the provisions of subsection (1) or
(2) of this section shall be guilty of an offence and —
[S 1/85]
(a) in the case of an offence under subsection (1), shall be liable onconviction to imprisonment for a term of not less than 3 months and not morethan 2 years and to a fine not exceeding $6,000;
[S 6/98]
(b) in the case of an offfence under subsection (2), shall be liableon conviction to imprisonment for a term not exceeding one year or to a fine notexceeding $4,000 or to both.
[S 6/98]
Right of entry.
7. (1) A citizen of Brunei Darussalam shall be entitled to enterBrunei Darussalam without having obtained a permit or pass in that behalf underthis Act.
[S 1/85]
(2) The burden of proof that any person is a citizen of Brunei Darussalam shall lie upon that person.
[S 1/85]
Prohibited immigrants.
8. (1) Any person who in the opinion of the Controller —
(a) is not a citizen of Brunei Darussalam; and
[S 1/85]
(b) is a member of any of the prohibited classes, as defined insubsection (2),
is a prohibited immigrant and, subject to any exemption granted under theprovisions of section 54, it shall be unlawful for him to enter Brunei Darussalam from any place outside Brunei Darussalam by land, sea or airunless he is in possession of a valid Pass in that behalf issuable to a prohibited immigrant under the provisions of any regulations made underthis Act.
(2) The following persons are members of the prohibited classes —
(a) any person who is unable to show that he has the means ofsupporting himself or his dependents, if any, or that he has definite employmentawaiting him or who is likely to become a pauper or a charge on the public;
(b) any person suffering from mental disorder or being a mentaldefective;
(c) any person —
(i) who refuses to submit to a medical examination after being required to do so under the provisions of section 29; or
(ii) certified by a Government medical officer or a medical practitioner,after examination under the provisions of section 29, to be suffering from a contagious or infectious disease which makes his presence in BruneiDarussalam dangerous to the community;
(d) any person who —
(i) has been convicted in any country or state of an offence forwhich a sentence of imprisonment has been passed for any term;
(ii) has not received a free pardon; and
(iii) by reason of the circumstances connected with such conviction is deemed by the Controller to be an undesirable immigrant;
(e) any prostitute, or any person, who is living on or receiving, orwho, prior to entering Brunei Darussalam, lived on or received, the proceeds ofprostitution;
(f) any person who procures or attempts to bring into BruneiDarussalam prostitutes or women or girls for the purpose ofprostitution or other immoral purposes;
(g) vagrants or habitual beggars;
(h) any person whose entry into or presence in BruneiDarussalam is, or at the time of his entry was, unlawful under this or any otherwritten law for the time being in force;
(i) any person who believes in or advocates the over-throw by force orviolence of the Government of Brunei Darussalam or of the Government of any territory within the Commonwealth or of constituted law or authority or whodisbelieves in or is opposed to organised government, or who advocates theassassina-tion of public officials, or who advocates or teaches the unlawfuldestruction of property;
(j) any person who is a member of or affiliated with anyorganisation entertaining or teaching disbelief in or opposition to organisedgovernment or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer or officers, either ofspecific individuals or officers generally, of the Government of BruneiDarussalam or of the Government of any territory within the Commonwealth or of any other organised government, because of his or their officialcharacter, or advocating or teaching the unlawful destruction of property;
(k) any person who, in consequence of information received from anysource deemed by the Controller to be reliable, or from any government, throughofficial or diplomatic channels, is deemed by the Controller to be anundesirable immigrant;
(l) any person who has been removed from any country or state by the government of such country or state on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is deemed by the Controller to be an undesirable immigrant;
(m) any person who, being required by any written law for the timebeing in force to be in possession of valid travel documents, is not inpossession of such documents or is in possession of forged or altered traveldocuments which do not fully comply with any such written law;
(n) any person other than a Brunei Darussalam who is unable to showthat he is willing and can of right return to some country outside BruneiDarussalam;
(o) the family and dependants of a prohibited immigrant; and
(p) any person prohibited by order made under section 9 from enteringBrunei Darussalam.
(3) The burden of proof that any person seeking to enter Brunei Darussalam is not a prohibited immigrant shall lie upon that person.
(4) In any case where the Controller refuses to allow any person to enterBrunei Darussalam on the ground that such person is a prohibited immigrant heshall if so requested by such person inform him of the class of prohibitedimmigrant of which, in the opinion of the Controller, he is a member.
(5) Subject to any exemption granted under section 54, if anyprohibited immigrant enters Brunei Darussalam otherwise than inaccordance with a valid Pass lawfully issued to him he shall be guilty of anoffence.
(6) Any person in possession of an Entry Permit or Re-entry Permit, issuedto him under the provisions of this Act and who, upon his arrival in BruneiDarussalam, is refused permission to enter upon the ground that he is aprohibited immigrant, may appeal against such refusal within such time and insuch manner as may be prescribed, to His Majesty in Council*, whose decisionshall be final:
Provided that, notwithstanding the provisions of sections 24, 25 and 26, any person who appeals against such refusal shall be permitted to disembark and shall be detained in an immigration depot pending the determination of his appeal, unless released on a Pass issued at the discretion of the Controller of such conditions as to furnishing security or otherwise as the Controller may deem fit.
* Transferred to the Minister with the approval of His Majesty the Sultan and Yang Di-Pertuan — [S 54/89]
Power to prohibit or limit entry into Brunei Darussalam.
9. (1) The Minister of Home Affairs with the approval of His Majestymay, by order —
[S 1/85]
(a) where he deems it expedient so to do in the interests of public security or by reason of any economic, industrial, social, educationalor other conditions in Brunei Darussalam —
(i) prohibit, either for a stated period or permanently, the entry orre-entry into Brunei Darussalam of any person or class or persons;
(ii) limit the number of persons of any class who may enter BruneiDarussalam within any period specified in the order; and
(iii) limit the period during which any person or class of persons entering or re-entering Brunei Darussalam may remain therein:
Provided always that no order made under the provisions of this paragraph,except an order made in the interests of public security, shall apply to anyperson outside Brunei Darussalam at the time when such order is made and who isin possession of a valid Residence or Re-entry Permit lawfully issued to him;and
(b) prohibit the entry into Brunei Darussalam of passengers brought toBrunei Darussalam by any transportation company which refuses or neglects or hasrefused or neglected to comply with the provisions of this Act.
(2) An order under subsection (1) of this section shall not apply to anycitizen of Brunei Darussalam.
[S 1/85]
(3) Every order made under paragraph (a) of subsection (1) whichrelates to a class of persons, and every order made under paragraph (b) of that subsection, shall be published in the Gazette .
(4) Any person who enters or re-enters or remains in BruneiDarussalam in contravention of any order made under subsection (1) of thissection shall be guilty of an offence.
PART III
ENTRY AND RE-ENTRY PERMITS
Entry Permits.
10. (1) Any person seeking to enter Brunei Darussalam who isnot entitled so to enter under the provisions of subsection (1) of section 7 orby virtue of a valid Pass to enter Brunei Darussalam lawfully issued to him orseeking to remain in Brunei Darussalam after the expiration of such a Pass may make application in that behalf in the manner prescribed to theController or to such other person whether within or outside BruneiDarussalam as may be prescribed or as the Controller may, from time to time,appoint for such purpose.
(2) Upon application made under subsection (1) and upon payment of theprescribed fees the Controller shall, if satisfied that the applicant is not a prohibited immigrant, issue to such applicant an Entry Permit in theprescribed form:
Provided that the Controller may in any case in which he is satisfied that itwould be prejudicial to public security in Brunei Darussalam to permit theapplicant to enter or remain in Brunei Darussalam refuse to issue an EntryPermit.
(3) Any person aggrieved by the refusal of the Controller to issue to himan Entry Permit under the provisions of the proviso of subsection (2) may within30 days of the notification of such refusal to him appeal by petition in writingto His Majesty in Council whose decision thereon shall be final.
Re-entry Permits.
11. (1) Any person lawfully resident in Brunei Darussalam not being—
(a) the holder of a valid Pass; or
(b) a citizen of Brunei Darussalam,
[S 1/85]
who seeks to leave Brunei Darussalam temporarily may make application to theController in the prescribed manner for the issue to him of a Re-entry Permitauthorising him to re-enter Brunei Darussalam.
(2) Upon application being made under subsection (1) and upon payment ofthe prescribed fees, the Controller shall, if satisfied that the applicant isnot a prohibited immigrant, and that it would not be prejudicial to publicsecurity in Brunei Darussalam so to do, issue to such applicant a Re-entryPermit in the prescribed form.
(3) Any person aggrieved by the refusal of the Controller to issue to him aRe-entry Permit under the provisions of this section may within 30 days of thenotification of such refusal to him appeal by petition in writing to His Majestyin Council, whose decision thereon shall be final.
Endorsement of name of wife and children on Entry and Re-entry
Permits.
12. Subject to such conditions as may be prescribed it shall be lawfulfor the Controller, on application made in that behalf in the prescribed form bythe holder of, or by an applicant for, an Entry Permit or a Re-entry Permit, toendorse upon the Permit issued to such person the name or names of the membersof the family of such person.
Power to make enquiries.
13. The Controller may before the issue of an Entry or Re-entry Permitunder this Act or before making any endorsement thereon under theprovisions of section 12 make such enquiries or require the production of suchevidence as he may think fit in order to satisfy himself as to the truth of anystatement made in the application for such Permit.
Cancellation of Permits.
14. (1) When the holder of any Entry Permit or Re-entry Permit seeksto enter Brunei Darusalam accompanied by any child whose name is notendorsed upon such Permit under the provisions of section 12 and who is nototherwise entitled to enter Brunei Darussalam under the provisions of this Act,the Controller may cancel the Permit issued to such person.
(2) When, upon the arrival in Brunei Darussalam of any person to whom anEntry Permit or Re-entry Permit has been issued, the Controller is satisfied, asa result of enquiries made under section 24, 25 or 26, or from other information, that any Permit was issued as a result of any falserepresentation or concealment of a material fact, the Controller may cancel suchPermit.
(3) When at any time, during the period of validity of an Entry Permit orRe-entry Permit, the Controller is satisfied that the holder of such EntryPermit or Re-entry Permit is a prohibited immigrant the Controller shall cancelsuch Permit.
(4) Where any person has entered Brunei Darussalam by virtue of an Entry Permit or a Re-entry Permit, and the Controller is satisfied —
(a) that any material statement made in or in connection with theapplication for such Permit was false or misleading; or
(b) that such person is a member of any of the prohibited classesdefined in subsection (2) of section 8,
the Controller may, unless such person was entitled at the time of suchentry, or has subsequently become entitled to enter Brunei Darussalam under theprovisions of subsection (1) of section 7, declare at any time within 2 yearsafter the date of such entry, that the presence of such person in BruneiDarussalam is unlawful.
Effect of cancellation or expiry of Permit or Pass.
15. (1) It shall be unlawful for any person to remain in Brunei Darussalam after the cancellation of any Entry Permit or Re-entry Permitor after the making of a declaration under section 14(4) or the expiration orcancellation of any Pass relating to or issued to him unless he is otherwiseentitled or authorised to remain in Brunei Darussalam under the provisions ofthis Act or of any regulation made thereunder.
(2) Any person who without reasonable cause contravenes theprovisions of subsection (1) shall be guilty of an offence and —
(a) in the case where he remains unlawfully for a period not exceeding90 days, shall be liable on conviction to imprisonment for a term not exceeding6 months or to a fine not exceeding $4,000 or to both;
[S 6/98]
(b) in the case where he remains unlawfully for a periodexceeding 90 days, shall be liable on conviction to imprisonment for a term ofnot less than 3 months and not more than 2 years or to a fine not exceeding$6,000 or to both.
[S 6/98]
PART IV
PROCEDURE ON ARRIVAL IN AND DEPARTURE FROM BRUNEI DARUSSALAM
[S 1/85]
Immigration signal.
16. (1) Subject to the provisions of subsection (2) the master ofevery vessel which arrives in or is about to leave Brunei Darussalam shall hoistthe prescribed immigration signal and shall exhibit such signal until authorisedby a Senior Immigration Officer to haul it down.
[S 1/85]
(2) The provisions of subsection (1) shall not apply to any vessel whichplies solely between ports in Brunei Darussalam.
(3) The master of any vessel who contravenes or fails to comply with any ofthe provisions of subsection (1) shall be guilty of an offence.
Vessel or flying-boat to proceed to Immigration Anchorage or other placeordered by immigration Officer.
17. (1) The Controller may, by notification in the Gazette ,declare any place in any river or within the territorial waters of BruneiDarussalam to be an Immigration Anchorage, either for vessels generally or forvessels of a class specified in the notification or for flying-boats, and themaster of any vessel or flying-boat which arrives at or is about to leave aplace where an Immigration Anchorage, either for vessels generally or forvessels of a class to which such vessel belongs or for flying-boats, has beendeclared shall, subject to any directions given under subsection (3), forthwithnavigate his vessel or flying-boat to such anchorage and shall remain thereuntil an Immigration Officer gives him permission to leave.
[S 1/85]
(2) No vessel or flying-boat carrying passengers, other than a vessel whichplies solely between ports in Brunei Darussalam, shall proceed to any place inBrunei Darussalam other than a place within which an Immigration Anchorage hasbeen declared under subsection (1).
(3) The master of every vessel or flying-boat which arrives in or is aboutto leave Brunei Darussalam shall, if so ordered by an Immigration Officer,anchor or tie up his vessel or flying-boat at such place as may be ordered, andshall remain there until an Immigration Officer gives him permission toleave.
[S 1/85]
(4) The master of any vessel or flying-boat who, without reasonable cause,contravenes or fails to comply with any of the foregoing provisions of thissection or any order made or direction given thereunder shall be guilty of anoffence.
Aircraft arriving in or departing from Brunei Darussalam.
18. (1) The captain of every aircraft which arrives in or leavesBrunei Darussalam shall land his aircraft at or fly his aircraft away from an authorised airport.
[S 1/85]
(2) The captain of any aircraft who, without reasonable cause,contravenes or fails to comply with the provisions of subsection (1) shall beguilty of an offence.
(3) In this section ‘‘land’’ includes alight onwater.
Persons not to board or leave vessel or flying-boat until examinationcompleted.
19. (1) Save under and in accordance with any authority granted by a Senior Immigration Officer, no person other than —
(a) the pilot of the vessel;
(b) any Government officer boarding the vessel or flying-boat onduty;
(c) the owner, charterer or agent of the vessel or flying-boat; or
(d) a Consular representative to Brunei Darussalam of thecountry or state to which such vessel or flying-boat belongs, or, if such vessel or flying-boat belongs to a country within theCommonwealth, an accredited representative in Brunei Darussalam of theGovernment of such country,
shall leave or board a vessel or flying-boat arriving in Brunei Darussalam,nor may any person (other than the crew of a vessel carrying any such person)approach within 30 feet of such vessel or flying-boat, until such vessel orflying-boat has been examined by a Senior Immigration Officer and, in the caseof a vessel, the immigration signal has been hauled down.
(2) Any person who contravenes any of the provisions of subsection
(1) shall be guilty of an offence, and every such person leaving a vessel orflying-boat in contravention of subsection (1) shall if so required by anImmigration Officer return forthwith to such vessel or flying-boat andremain thereon and the master of the vessel or flying-boat shall be bound tore-embark such person or board a vessel departing from Brunei Darussalam after it has been examined by an Immigration Officer just before itsdeparture.
[S 1/85]
Prohibition on disembarking from vessels or flying-boats without permission of Immigration Officer.
20. (1) It shall be the duty of the master, and the owner, charterer or agent, of every vessel or flying-boat which arrives in Brunei Darussalam to prevent any person on board other than a person specified in paragraph (a) , (b) , (c) or (d) of subsection (1) of section 19 from disembarking from such vessel or flying-boat until such disembarkation has been authorised by a Senior Immigration Officer, and for such purpose any means reasonably necessary may be used.
(2) When any person disembarks from any vessel or flying-boat before suchdisembarkation has been authorised by a Senior Immigration Officer, such person,the master, owner, charterer or agent of such vessel or flying-boat shall eachbe guilty of an offence: Penalty, a fine of $4,000 and imprisonment for oneyear, and —
(a) it shall be no defence to a prosecution under this section thatthe master, owner, charterer or agent, did not permit or do anything tofacilitate the disembarkation of any such person; and
(b) it shall be a good defence to a prosecution under this sectionthat the master, owner, charterer or agent, took every reasonableprecaution to prevent the disembarkation of any such person.
(3) The master of the vessel or flying-boat from which any person hasdisembarked before such disembarkation has been authorised by a SeniorImmigration Officer shall be bound to re-embark such person and any masterrefusing to re-embark such person shall be guilty of an offence: Penalty, a fineof $4,000 and imprisonment for one year.
Prohibition of removal of articles before examination.
21. (1) Except with the authority of a Senior Immigration Officer,no article or thing shall be removed or taken from, or put on board, any vesselor flying-boat until such vessel or flying-boat has been examined by a SeniorImmigration Officer under section 19.
(2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence.
Production of certain lists and persons by masters of vessels.
22. (1) The master of every vessel arriving in or leaving Brunei Darussalam shall, whenever required to do so by a Senior Immigration Officer —
(a) exhibit to such officer a complete list of the members of the crewin such form and containing such particulars as may be prescribed;
(b) produce to such officer for inspection and interrogation all themembers of the crew;
(c) furnish to such officer in triplicate identification cards of eachmember of the crew in such form as may be prescribed;
(d) submit to such search of his vessel as may be necessary toestablish the presence or absence of other persons on board;
(e) produce his ship’s papers; and
(f) report the presence on board of any stowaway or any unauthorised person or any person proceeding to any state or country on his removal from any other state or country by the competent authorities of such state or country.
(2) In the case of vessels carrying passengers the master shall, inaddition, produce —
(a) a complete list of all the passengers in such form andcontaining such particulars as may be prescribed;
(b) in relation to every passenger disembarking in or embarking fromBrunei Darussalam such particulars in such form as may be prescribed; and
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(c) all passengers for inspection and interrogation.
(3) The master of any vessel who contravenes or fails to comply with any of the provisions of subsection (1) or (2), and any person who hinders or obstructs any search of a vessel under paragraph (d) of subsection (1) shall be guilty of an offence.
(4) If any person is found on board a vessel whose presence should have, but has not, been reported in accordance with paragraph (f) ofsubsection (1), the master of such vessel shall be guilty of an offence:Penalty, a fine of $1,000 in respect of each such person.
(5) In any proceedings under this section the certificate in writing of aSenior Immigration Officer who boards or examines any particular vessel to theeffect that such vessel carried on arrival in Brunei Darussalam a total numberof seamen corresponding in description to the particulars on the identificationcards furnished under paragraph (c) of subsection (1) shall be conclusiveproof that such vessel did on arrival carry such number of seamen.
Production of lists and persons by captain of aircraft.
23. (1) The captain of every aircraft arriving in or leavingBrunei Darussalam shall whenever required to do so by a Senior Immigration Officer —
(a) produce a passenger list as prescribed under the provisions ofparagraph (a) of subsection (2) of section 22 or in accordance with theprovisions of Annex 9 to the Convention on International Civil Aviation;
(b) produce in relation to every passenger landing in or are departingfrom Brunei Darusalam such particulars in such form as may be prescribed;
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(c) produce a complete list of the members of the crew of his aircraftas prescribed under the provisions of paragraph (a) of subsection(1) of section 22 or in accordance with the provisions of Annex 9 to theConvention on International Civil Aviation;
(d) produce the members of the crew and passengers of such aircraftfor inspection and interrogation as directed either generally or specifically bya Senior Immigration Officer;
(e) submit to such search of his aircraft as may be necessary toestablish the presence or absence of such other persons as have not beenproduced under this subsection; and
(f) report the presence on board of any stowaway or anyunauthorised person or any person proceeding to any state or country on hisremoval from any other state or country by the competent authorities of suchstate or country.
(2) The captain of any aircraft who contravenes or fails to comply with anyof the provisions of subsection (1), and any person who hinders or obstructs anysearch of an aircraft under paragraph (e) of that subsection, shall beguilty of an offence.
(3) If any person is found on board an aircraft whose presenceshould have, but has not, been reported in accordance with paragraph (f) of subsection (1), the captain of such aircraft shall be guilty of an offence:Penalty, a fine of $1,000 in respect of each such person.
(4) In any proceedings under this section the certificate in writing of a Senior Immigration Officer who boarded or examined any particularaircraft to the effect that such aircraft carried on arrival in BruneiDarussalam a total number of crew corresponding in description to theparticulars on the list produced under paragraph (c) of subsection (1)shall be conclusive proof that such aircraft did on arrival carry such number ofcrew.
Examination of persons arriving by sea.
24. (1) Every person arriving by sea intending to disembark in Brunei Darussalam shall appear before a Senior Immigration Officer at such time and place as such officer may direct, and such officer, after such examination as he may consider necessary, shall inform any person whom he considers to be prohibited from entering Brunei Darussalam under the provisions of this Act or of any regulations made thereunder of his finding, and such person, if still aboard the vessel, shall not disembark in Brunei Darussalam or, if disembarked for the purposes of such examination, shall return forthwith to the vessel and remain thereon; and the master of the vessel shall likewise forthwith be informed in writing by the Senior Immigration Officer of his finding and the master shall not permit such person to disembark in Brunei Darussalam, or, if such person has disembarked, whether for the purpose of examination or otherwise, shall be bound to re-embark him.
(2) Any person who —
(a) refuses or neglects to appear before a Senior Immigration Officeras required by subsection (1) or who leaves the place of examination without or otherwise than in accordance with the authorisation of suchofficer;
(b) after having been informed by a Senior Immigration Officer that he is prohibited from entering Brunei Darussalam, either disembarks inBrunei Darusslaam or refuses or neglects to return forthwith to his vessel, asthe case may be; or
(c) being the master of a vessel, permits any person todisembark in Brunei Darussalam, or refuses to re-embark any person, after beinginformed by a Senior Immigration Officer that such person is prohibitedfrom entering Brunei Darussalam or that such person has refused or neglected to appear before a Senior Immigration Officer as required bysubsection (1) or that he has left the place of examination without or otherwisethan in accordance with the authorisation of such officer,
shall be guilty of an offence.
(3) When any person either disembarks in Brunei Darussalam or refuses orneglects to return to his vessel, in contravention of the provisions of thissection, an Immigration Officer may require such person to return to his vesseland may take such action, including the use of force, as may be reasonablynecessary to compel such return, and the master of such vessel shall be bound tore-embark such person and to remove him from Brunei Darussalam.
(4) The master of a vessel may use such force as may be reasonably necessary to enable him to comply with the provisions of subsections (1) and (3).
Examination of persons arriving at authorised airport.
25. (1) Every person arriving by air at any authorised airport inBrunei Darussalam and intending to leave the precincts of such airport shallappear before a Senior Immigration Officer at such time and place as suchofficer may direct, and such officer, after such examination as he may considernecessary, shall inform any person whom he considers to be prohibited fromentering Brunei Darussalam under the provisions of this Act or of anyregulations made thereunder of his finding, and such person shall not leave theprecincts of such airport except for a place approved by such officer, and shallleave and depart from Brunei Darussalam for a place outside Brunei Darussalam bythe first available means in accordance with the instructions of such officer.The captain of the aircraft in which such person arrived shall, if so requiredby such officer, remove such person from Brunei Darussalam by the sameaircraft.
(2) Any person who —
(a) refuses or neglects to appear before a Senior Immigration Officeras required by subsection (1) or who leaves the place of examination without or otherwise than in accordance with the authorisation of suchofficer;
(b) after having been informed by a Senior Immigration Officer that heis prohibited from entering Brunei Darussalam, leaves the precincts of anairport without the permission of such officer, or refuses or neglects toproceed to or remain at a place approved by such officer;
(c) refuses or fails to leave Brunei Darussalam in accordance with theinstructions of a Senior Immigration Officer given under subsection (1); or
(d) being the captain of the aircraft in which any person arrived in Brunei Darussalam refuses or neglects to remove such person from Brunei Darussalam after being informed by a Senior Immigration Officer that such person is prohibited from entering Brunei Darussalam or that such person has refused or neglected to appear before a Senior Immigration Officer as required by subsection (1) or that he has left the place of examination without or otherwise than in accordance with the authorisation of such officer,
shall be guilty of an offence.
(3) When any person leaves the precincts of an airport incontravention of the provisions of this section or refuses to leave and departfrom Brunei Darussalam in accordance with the instructions of the SeniorImmigration Officer given under the provisions of subsection (1), the SeniorImmigration Officer may take such action, including the use of force, as may bereasonably necessary to compel such person to return to the precincts of theairport or to comply with such instructions as the case may be.
Examination of persons entering Brunei Darussalam by land or at a placeother than an authorised airport.
26. (1) Every person who from a place outside Brunei Darussalam enters Brunei Darussalam by land shall enter at an authorised point of entry and shall proceed therefrom by an approved route, prescribed under section 5, to the nearest immigration control post and shall appear before the Senior Immigration Officer in charge of such post and shall if so required by such Senior Immigration Officer, furnish particulars about himself in such form as may be prescribed.
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(2) Every person who from a place outside Brunei Darussalam arrivesby sea or air in Brunei Darussalam at any place other than anauthorised landing place or airport shall forthwith proceed to and appear beforethe nearest Senior Immigration Officer.
(3) The Senior Immigration Officer before whom any person appears inaccordance with the provisions of this section shall if he considers that suchperson is prohibited from entering Brunei Darussalam under the provisions ofthis Act or of any regulations made thereunder inform such person of his finding and such person shall in accordance with the instructions of such officer forthwith leave and depart from Brunei Darussalam for aplace outside Brunei Darussalam.
(4) Any person who contravenes or fails to comply with any of theprovisions of this section shall be guilty of an offence.
Power to send person to Immigration depot.
27. (1) When a Senior Immigration Officer is in doubt as to theright of any person to enter Brunei Darussalam, it shall be lawful for suchofficer to direct such person to an immigration depot and, in such case, suchperson shall proceed forthwith to such depot and shall remain there untilpermitted to leave by such officer:
Provided that such person shall not, except on the written order of the Controller, be so detained for any period exceeding 7 days:
And provided further that the Controller may, in his discretion, and pending the completion of enquiries regarding such person, release suchperson from the immigration depot on such terms and conditions as the Controllermay deem fit, and for such purpose the Controller may issue to such person aPass in the prescribed form.
(2) Any person who refuses or neglects to comply with directions given by aSenior Immigration Officer under subsection (1) or who leaves an immigrationdepot in contravention of the provisions of that subsection, shall be guilty ofan offence.
Interrogation of travellers.
28. (1) Any person who arrives in Brunei Darussalam from any placeoutside Brunei Darussalam or who is about to leave Brunei Darussalam by sea,land or air for any place outside Brunei Darussalam, shall fully and truthfully answer all questions and enquiries put to him by a Senior ImmigrationOfficer tending directly or indirectly to establish his identity, nationality oroccupation or bearing on any of the restrictions contained in this Act or in anyregulations made thereunder or any absolute or conditional liability on his partto any military, naval or air force service under any state or countrywhatsoever, and shall disclose and produce to any such officer on demand alldocuments in his possession relating to such matters.
(2) Notwithstanding the provisions of section 117 of the Criminal ProcedureCode (Chapter 7) or of any law relating to evidence, all such answers anddocuments, and any statement made by any such person to a Senior ImmigrationOfficer, whether such officer is a police officer or not, shall be admissible inevidence in any proceedings under this Act against the person making, disclosingor producing the same:
Provided that nothing in this section shall be construed as rendering anysuch answer inadmissible in any other proceedings in which they would otherwisebe admissible.
(3) Any such person who —
(a) refuses to answer any question or enquiry put to him undersubsection (1);
(b) knowingly gives any false or misleading answer to any suchquestion or enquiry or knowingly makes a false or misleading statementto a Senior Immigration Officer;
(c) refuses or fails to produce any document in his possession whenrequired so to do under that subsection; or
(d) knowingly produces any false or misleading document, shall beguilty of an offence.
Medical examination.
29. For the purpose of exercising his powers and carrying outhis functions and duties under this Act or any regulations made thereunder, aSenior Immigration Officer may require any person who desires to enter BruneiDarussalam to submit to examination by a Government medical officer.
Immigration Officer may give instructions to prevent evasion ofexamination.
30. (1) An Immigration Officer may give such instructions as may bereasonably necessary to ensure that no passenger or member of a crew evadesexamination either of his person or effects.
(2) Any person who without reasonable cause refuses or fails to comply withany instruction given under subsection (1) shall be guilty of an offence.
PART V
REMOVAL FROM BRUNEI DARUSSALAM
Removal of prohibited immigrants from Brunei Darussalam.
31. If during the examination of any person arriving in Brunei Darussalam or after such enquiry as may be necessary such person isfound to be a prohibited immigrant the Controller shall, subject to theprovisions of any regulations made under this Act, prohibit such person from disembarking or may in his discretion detain him at an immigrationdepot or other place designated by the Controller until an opportunity arises toreturn him to his place of embarkation or to the country of his birth orcitizenship.
Removal of illegal immigrants.
32. (1) Any person who is convicted of an offence under section 5, 6, 8 or 9 shall be liable to be removed from the State by order of the Controller: Provided that no person entitled to enter Brunei Darussalam under the provisions of subsection (1) of section 7 convicted of an offence under section 5 shall be ordered to be removed from Brunei Darussalam under the provisions of this subsection.
(2) Nothing in this section shall be deemed to prevent the removal of anyperson to any place outside Brunei Darussalam under any law in force relating tofugitive offenders.
Removal of persons unlawfully remaining in Brunei Darussalam.
33. (1) When the presence of any person in Brunei Darussalamis unlawful by reason of the provisions of section 15 or 62 such person shall,whether or not any proceedings are taken against him in respect of any offenceagainst this Act under that section, be liable to be removed from BruneiDarussalam by order of the Controller.
(2) Any person in respect of whom an order of removal has been made underthe provisions of subsection (1) on the ground that his presence in BruneiDarussalam is unlawful by reason of the cancellation of an Entry Permit,Re-entry Permit or Pass may on payment of the prescribed fee appeal to HisMajesty in Council in such manner and within such time as may be prescribed.
Detention of persons ordered to be removed.
34. (1) When any person is ordered to be removed from Brunei Darussalam under the provisions of this Act it shall be lawful for the Controller to order such person to be detained in custody for such period as may be necessary for the purpose of making arrangements for his removal: Provided that any person detained under this subsection who appeals under the provisions of subsection (2) of section 33 against the order of removal may, in the discretion of the Controller, be released, pending the determination of his appeal, on such conditions as to furnishing security or otherwise as the Controller may deem fit.
(2) Subject to the determination of any appeal under section 33, any personwho is ordered to be removed from Brunei Darussalam may be placed on board asuitable vessel or aircraft by any police officer or Immigration Officer, andmay be lawfully detained on board such vessel or aircraft, so long as the vesselor aircraft is within the limits of Brunei Darussalam.
(3) Any person who is detained in custody in pursuance of an order made bythe Controller under subsection (1) may be so detained either in any prison,police station or immigration depot, or in any other place appointed for thepurpose by the Controller.
Power to arrest person liable to removal.
35. Any person reasonably believed to be a person liable to removalfrom Brunei Darussalam under any of the provisions of this Act may be arrestedwithout warrant by any Immigration Officer or police officer generally orspecially authorised by the Controller in that behalf or by a police officer notbelow the rank of Inspector, and may be detained in any prison, police stationor immigration depot for a period not exceeding 14 days pending a decision as towhether an order for his removal should be made.
Unlawful return after removal.
36. Any person who, having been removed or otherwise lawfully sent out of Brunei Darussalam under the provisions of this Act and any person, other than a person entitled to enter Brunei Darussalam under the provisions of subsection (1) of section 7, having been removed or otherwise lawfully sent out of any territory within the Commonwealth, enters or resides in Brunei Darussalam without the written authority of the Controller under this section shall be guilty of an offence: Penalty, imprisonment for not less than one year and not more than 3 years and a fine of $6,000, and shall, in addition to any penalty for such offence, be liable to be removed or again removed as the case may be from Brunei Darussalam.
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PART VI
MISCELLANEOUS
Performance of duties of Immigration Officers.
37. (1) Immigration Officers appointed under this Act shall performthe duties imposed on them by this Act or any regulations made thereunder, andshall also perform such duties as are required of them by the Controller, eitherdirectly or through any other officer; and no action taken by any such officerunder or for any purpose of this Act shall be deemed to be invalid orunauthorised by reason only that it was not taken by the officer speciallyappointed or detailed for the purpose.
(2) Every Immigration Officer shall be deemed to be a publicservant within the meaning of the Penal Code (Chapter 22).
Authority of Immigration Officer to arrest.
38. (1) Every Immigration Officer appointed under this Act shallhave the authority and powers of a police officer to enforce any of theprovisions of this Act relating to arrest, detention or removal.
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(2) Every Immigration Officer shall have the authority to appear in courtand conduct any prosecution in respect of any offence under this Act or theregulations.
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Power to summon witnesses etc.
39. (1) The Controller may, for the purpose of any inquiry or appealunder this Act, summon and examine witnesses on oath or affirmation, and mayrequire the production of documents relevant to the inquiry or appeal.
(2) Any person summoned as a witness under the provisions of subsection (1) who without reasonable excuse fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document which it is in his power to produce, shall be guilty of an offence.
Duty of police officers to execute orders.
40. All police officers shall, when so directed by a SeniorImmigration Officer, receive and execute according to the tenor thereof anywritten order of the Controller, and any warrant of the Controller for thearrest, detention or removal of any person under the provisions of this Act.
Departure of vessel or aircraft for Brunei Darussalam to bereported.
41. (1) On the departure of any vessel or aircraft from any placeoutside Brunei Darussalam on a voyage or flight to any place in BruneiDarussalam the owner, charterer, agent or consignee within Brunei Darussalam ofsuch vessel or aircraft shall forthwith inform a Senior Immigration Officer of—
(a) the place and approximate date and time of arrival in Brunei Darussalam of such vessel or aircraft; and
(b) the approximate number of passengers in such vessel oraircraft.
(2) Any such owner, charterer, agent or consignee who withoutreasonable cause fails to comply with the provisions of subsection (1) shall beguilty of an offence.
Restriction of discharge of member of crew.
42. (1) When any seaman is about to be or is discharged or paid offin Brunei Darussalam the master, owner, charterer or agent shall as soon aspracticable notify the Controller; and any such master, owner, charterer oragent who without reasonable cause fails to comply with the provisions of thissubsection shall be guilty of an offence.
(2) No member of a crew who has been discharged or paid off shall be leftin Brunei Darussalam unless either —
(a) he is a citizen of Brunei Darussalam; or
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(b) he is in possession of a valid Entry Permit or Re-Entry Permit or of a valid Pass.
(3) In any instance of contravention of the provisions of subsection (2), the master, owner, charterer, agent or consignee of the vessel or aircraft in which the person concerned was employed shall be liable for the maintenance of such person and for the cost of his repatriation to his place of birth or citizenship or, if such master, owner, charterer, agent or consignee so elects, to such other place as may be approved by the Controller.
Signing on or bring as one of the crew any person with intent to landcontrary to this Act.
43. Any transportation company and any person, including the masterand the owner of a vessel or aircraft arriving in Brunei Darussalam, who hasknowingly signed on the ship’s articles or brought to Brunei Darussalam asa member of the crew of such vessel or aircraft any person with intent to permitsuch person to enter Brunei Darussalam contrary to the provisions of this Act orof any regulations made thereunder, or who represents to an Immigration Officerthat any such person is a bona fide member of the crew of such vessel oraircraft, shall be guilty of an offence: Penalty, a fine not exceeding $4,000and not less than $200 in respect of each such person.
Security to prevent unlawful landing.
44. (1) A Senior Immigration Officer may demand security, whether bydeposit or otherwise, from the master, owner, charterer, agent or consignee ofany vessel or aircraft from which he has reasonable grounds to believe that any person is about to disembark in or enter Brunei Darussalam incontravention of the provisions of this Act or of any regulations made thereunder, and may refuse to release the vessel or aircraft fromexamination until such security is furnished.
(2) The Controller may, if satisfied that any person has disembarked in orentered Brunei Darussalam from any vessel or aircraft, in respect of whichsecurity has been furnished under subsection (1), in contravention of anyprovisions of this Act or of any regulations made thereunder, direct theforfeiture of such security or any part thereof:
Provided that the Controller shall not direct the forfeiture of any securityunder this subsection if he is satisfied that the master, owner, charterer,agent or consignee took every reasonable precaution to prevent any person fromso disembarking in or entering Brunei Darussalam.
(3) When a Senior Immigration Officer in lieu of requiring a deposit underthe provisions of subsection (1) requires security by a bond with or withoutsureties such bond shall be in the prescribed form.
Reports as to persons failing to continue their journey.
45. (1) When any through passenger in or member of the crew of anyvessel or aircraft fails to continue his journey in such vessel or aircraft incircumstances from which it may reasonably be inferred that such passenger ormember of the crew has remained in Brunei Darussalam, the master of such vesselor aircraft, as the case may be, shall, as soon as practicable, notify a SeniorImmigration Officer or a police officer of or above the rank of corporal of thefailure of such passenger or member of the crew to continue his journey.
(2) Any master who fails to comply with the provisions ofsubsection (1) shall be guilty of an offence.
Repatriation.
46. (1) Any person residing in Brunei Darussalam who —
(a) is not a citizen of Brunei Darussalam;
(b) is by reason of destitution, infirmity or mental incapacity,unable to obtain employment or to support himself and his family, if any;
(c) is unable to pay the cost of his passage and of the passages ofthe members of his family, if any, to the country of his birth or citizenship;and
(d) is or is likely to become a charge upon the public or a charitableinstitution,
may apply to the Controller for the repatriation of himself and his family,if any, at the cost of the Government.
(2) Upon such application, if the Controller is satisfied, after such enquiry as he deems necessary, that such person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself and his family, if any, and that no government, organisation, company or person is liable or willing to pay such cost of repatriation, the Controller may authorise the payment of such cost subject to the condition specified in subsection (3).
(3) Any person repatriated at the cost of the Government shall enter intoan undertaking in such form as may be prescribed, that he will not return toBrunei Darussalam without the consent in writing of the Controller. Such consentshall be conditional upon such person refunding to the Controller all costs andcharges incurred in the repatriation of such person and his family, if any, andshall be subject to such other conditions as the Controller may deemexpedient.
(4) Any person who has been repatriated at the cost of theGovernment under this section who enters or attempts to enter BruneiDarussalam without the consent of the Controller under subsection (3), or whohaving entered Brunei Darussalam with such authority, fails or neglects tocomply with any condition upon which such consent was given, shall be guilty ofan offence.
Masters and others liable for expenses.
47. If any person —
(a) enters Brunei Darussalam from any vessel or aircraftcontrary to the provisions of this Act or of any regulations madethereunder;
(b) disembarks from any vessel or aircraft on which he has beenre-embarked or to which he has been returned under the provisions of section 19,20, 24 or 25,
the master, owner, charterer and agent thereof shall be jointly and severallyliable for all expenses incurred by the Government in respect of the detentionand maintenance of such person and his removal from Brunei Darussalam and suchexpenses shall be recoverable as a debt due to Government from the master,owner, charterer and agent of such vessel or aircraft jointly and severally.
Obligation to afford free passage.
48. (1) When an order of removal is made under the provisions of this Act in respect of any person who has entered Brunei Darussalam contrary to the provisions of this Act or of any regulations made thereunder, and such person was brought to Brunei Darussalam in a vessel or aircraft, the master of such vessel or aircraft, and also the master of any vessel or aircraft belonging to the same owners or chartered by the same charterers, shall, if required in writing by the Controller, receive such person on board his vessel or aircraft and afford him free of charge a passage to the port or place at which such person embarked and proper accommodation and maintenance during the voyage or flight:
Provided that no such master shall be liable as aforesaid unless such orderof removal has been made by the Controller within 3 months from the date uponwhich such person entered Brunei Darussalam.
(2) The master of any vessel or aircraft who fails to comply with theprovisions of this section shall be guilty of an offence.
Power to detain vessel or aircraft.
49. (1) The Controller may by writing under his hand authorise anyPort Officer to detain any vessel or aircraft in connection with which anoffence against this Act is reasonably believed to have been or to be about tobe committed, and the vessel or aircraft may then be detained either at theplace where it is found or at any place to which the Controller may order it tobe brought. The Controller shall give notice to the master or owner or chartereror agent of the vessel or aircraft of the detention thereof.
(2) For the purposes of the detention and other lawful dealing with thevessel or aircraft the Port Officer shall have power to muster the crew and may,if he considers it necessary so to do, place a police guard on board.
(3) The detention shall be for safe custody only, and shall cease if a bondwith two sufficient sureties to the satisfaction of the Controller be given bythe master, owner, charterer or agent of the vessel or aircraft for the paymentof any fine, costs and charges incurred under this Act in respect of any offenceor default thereunder.
(4) If default is made in the payment of any such fine, costs or charges,the Port Officer or the Controller of Civil Aviation or any person authorised byhim in that behalf may seize the vessel or aircraft and such vessel or aircraftshall be declared forfeited to the Government by order of a Court of competentjurisdiction upon the application of the Attorney General. Any vessel oraircraft so forfeited shall be sold.
(5) The proceeds of sale of a vessel or aircraft under this section shall be applied first in payment of any fine, costs or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto and the balance shall be paid to the owners of or other persons lawfully entitled to the vessel or aircraft before sale.
(6) For the purpose of this section vessel shall be deemed to include anymotor vehicle.
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Powers of arrest and search.
50. (1) Any Senior Immigration Officer or any police officer of orabove the rank of Inspector, or any police officer or officer of customsgenerally or specially authorised by the Controller in that behalf may without awarrant and with or without assistance —
(a) enter and search any premises; and
(b) stop and search any vessel, vehicle or person, or search anyaircraft, whether in a public place or not,
if he has reason to believe that any evidence of the commission of an offenceagainst this Act or any regulations made thereunder is likely to be found onsuch premises or person or in such vessel, vehicle or aircraft, and may seizeany evidence so found.
(2) No woman shall be searched under this section except by a woman.
(3) Any police officer, Immigration Officer or officer of customs may arrest without warrant any person who he reasonably believes hascommitted an offence against this Act or any regulations made thereunder.
(4) When any person is arrested by an Immigration Officer or officer ofcustoms such officer shall comply with the provisions of section 33 of theCriminal Procedure Code (Chapter 7) as if he were a police officer.
Registration of particulars for purposes of identification.
51. (1) Every person in respect of whom an order of removal from Brunei Darussalam has been made under the provisions of this Act shall be legally bound to submit to the taking of his photograph and finger impressions in the manner provided by the Fingerprints Enactment, 1956 (17 of 1956), and an Immigration Officer shall endorse particulars of such order upon the sheet upon which such finger impressions have been made, authenticating such endorsement with his signature, and the provisions of the said Act relating to the registration, recording and admissibility in evidence thereof shall apply to every such photograph, finger impression and particulars so taken.
(2) Any person who being legally bound under subsection (1) to submit tothe taking of his photograph or finger impressions, refuses or fails to submitthereto on demand by an Immigration Officer shall be guilty of an offence:Penalty, a fine of $250 and imprisonment for one month.
Counterfoils and counterparts to be prima facie evidence.
52. In any proceedings under this Act or at the hearing of any chargefor an offence against this Act any counterfoil or counterpart of any Permit,Pass or other document issued under this Act or any regulations made thereunderand purporting to be signed by the Controller or by a Deputy Controller,Assistant Controller or Senior Immigration Officer, as the case may be, may beproduced in evidence without further proof and shall as against the personrelying upon such Permit, Pass or other document be prima facie evidenceof the facts therein stated and shall unless the contrary be proved be presumedto be a true and complete statement of the facts in the Permit, Pass or otherdocument to which it relates.
Regulations.
53. His Majesty in Council* may, make regulations not inconsistentwith the provisions of this Act for all or any of the following purposes—
(a) prescribing anything which is to be or may be prescribed under theprovisions of this Act;
(b) prescribing the forms to be used for the purposes of this Act;
(c) prescribing —
(i) the period for which Permits shall be valid;
(ii) the terms and conditions subject to which any person may be granted aPermit and the person who may issue Permits; and
* Transferred to the Minister with the approval of His Majesty the Sultan andYang Di-Pertuan — [S 54/89]
(iii) the terms and conditions subject to which any person may be granted a Pass entitling him to enter and remain temporarily within Brunei Darussalam, the period for which any said Pass may be granted, the classes ofsuch Passes and the person who may issue such passes;
(d) providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Brunei Darussalam of anyperson under the provisions of this Act;
(e) prescribing the place where, the person to whom and the manner inwhich application to enter Brunei Darussalam shall be made;
(f) prescribing the procedure to be followed by personsentering Brunei Darussalam;
(g) prescribing the procedure to be followed by authorities in theexercise of their functions under this Act;
(h) governing the procedure to be followed and the fees and costs tobe paid on any appeal;
(i) prescribing the deposit or security, if any, to be made or givenby or in respect of any person granted an Entry Permit, Re-entry Permit or Passand the conditions subject to which such deposit or security may beforfeited;
(j) prescribing the fees, if any, to be charged upon the issue of anyEntry Permit, Re-entry Permit or Pass;
(k) prescribing the penalties not exceeding imprisonment for 6
months and a fine of $2,000 for the breach of any such regulations;
(l) prescribing the precincts of authorised airports; and
(m) generally for the better carrying into effect of the purposes andprovisions of this Act.
Power to exempt from provisions of Act.
54. (1) Notwithstanding anything contained in this Act, His Majestyin Council* may, by order exempt, absolutely or conditionally, any person orclass of persons from all or any of the provisions of this Act.
(2) Every order made under this section which relates to a class of personsshall be published in the Gazette .
Offences. [S 1/85; S 24/90]
55. (1) Any person who —
[S 6/98]
(a) enters unlawfully or attempts unlawfully to enter Brunei Darussalam; or
(b) abets any person to enter or leave Brunei Darussalam incontravention of the provisions of this Act or of the regulations; or
(c) engages in the business or trade of conveying to Brunei Darussalamin or on any vessel, aircraft or vehicle any person whom he knows or hasreasonable grounds for believing is a prohibited immigrants; or
(d) habours any person who has acted in contravention of theprovisions of this Act or of the regulations; or
(e) employs any person who has acted in contravention of theprovisions of section 6, 15 or 36 of this Act or of the regulations; or
(f) makes or causes to be made any false report, false statement orfalse representation in connection with any obligation imposed by the provisionof this Act or of the regulations; or
(g) resits or obstructs, actively or passively, any immigrationofficer in the execution of his duty; or
(h) without lawful excuse hinders or obstructs any removalunder the provisions of this Act; or
* Transferred to the Minister with the approval of His Majesty the Sultan andYang Di-Pertuan — [S 54/89]
(i) gives, sells or parts with possession of any entry or re-entrypermit, pass or certificate in order that it may be used in contravention of theprovisions of paragraph (j) of this section; or
(j) uses any entry re-entry permit, pass or certificate issued to anyother person as if it had been lawfully issued to himself; or
(k) by making a false statement obtains or attempts to obtain an entryor re-entry permit, pass or certificate for himself or for any other person;or
(l) uses or without lawful authority has in his possession any forged,unlawfully altered or irregular entry or re-entry permit, pass or certificate or other document issued under this Act or the regulations, or anypermit, pass or certificate or other document so issued on which any endorsementhas been forged or unlawfully altered,
shall be guilty of an offence: Penalty —
(i) in the case of an offence under paragraph (b) or (c) of this section to imprisonment for a term of not less than 2 years and not more than 7 years and a fine not exceeding $20,000 and whipping;
(ii) in the case of an offence under paragraph (a) , (d) or (e) of this section imprisonment for a term not exceeding 2 years and afine not exceeding $6,000; and
(iii) in the case of an offence under paragraph (f) , (g) , (h) , (i) , (j) , (k) or (l) of this section imprisonment for a term not exceeding 6 months and a fine not exceeding $2,000,
(2) Where a body corporate is guilty of an offence under this Act and that offence is proved to have been committed with the consent orconnivance of, or to be attributable to any act or default on the part of, adirector, manager, secretary or other similar officer of that body corporate, orof a person purporting to act in any such capacity, he, as well as the bodycorporate, is also guilty of that offence and liable to be proceeded against andpunished accordingly.
[S 6/98]
(3) Where a body corporate is guilty of an offence under this Act for whicha period of mandatory imprisonment is prescribed, the body corporate shall, inlieu of imprisonment, be liable on conviction to a fine of not less than $30,000and not more than $100,000.
[S 6/98]
(4) Where in any proceedings under this Act or the regulations it is provedthat the defendant has failed to produce on demand by an ImmigrationOfficer or a police officer —
(a) any valid permit, pass or certificate issued to him under this Act or the regulations;
(b) any other document accepted by the Director as evidence that thedefendant has entered or remained in Brunei Darussalam lawfully; or
(c) any other evidence showing to the satisfaction of the Director that the defendant is exempted from subsection (1) of section 6,
it shall be presumed, until the contrary is proved, that he has, as the casemay be, entered or re-entered or remained in Brunei Darussalam unlawfully.
[S 6/98]
(5) Where in any proceedings for an offence under paragraph (c) ofsubsection (1), it is proved that the defendant has conveyed any prohibitedimmigrant in any vehicle, vessel or aircraft, it shall be presumed, until thecontrary is proved, that he is engaged in the business or trade of conveying toBrunei Darussalam in or on that vehicle, vessel or aircraft that prohibitedimmigrant knowing him to be, or having reasonable grounds for believing him tobe, a prohibited immigrant.
[S 6/98]
(6) Where in any proceedings for an offence under paragraph (d) subsection (1), it is proved that the defendant has given shelter to anyperson who has remained in Brunei Darussalam unlawfully for a periodexceeding
90 days after the exporation of any pass issued to him or who has enteredBrunei Darussalam in contravention of subsection (1) of section 5 or ofsubsection (1) of section 6, it shall be presumed, until the contrary is proved,that the defendant has harboured him knowing him to be a person who has acted incontravention of the provision of this Act or the regulations.
[S 6/98]
(7) Where an immigration offender is found at any premises orplace, other than premises used solely for residential purposes, the occupier ofthe premises or place shall be presumed, until the contrary is proved to haveemployed him knowing that he is an immigration offender.
[S 6/98]
(8) In any proceedings for an offence under paragraphs (d) or (e) of subsection (1), it shall not be a defence for the defendant toprove that the person harboured or employed by him was in possession of a passor permit issued to the person under this Act or the regulations unless thedefendant further proves that he had exercised due diligence to ascertain thatthe pass or permit was at the material time valid under this Act or theregulations.
[S 6/98]
(9) For the purpose of subsection (8), a defendant shall not bedeemed to have exercised due diligence unless he had personally checked thepassport or other travel document of the person whom he had harboured oremployed and had reasonable ground to believe that —
(a) the person harboured or employed by him had, at thematerial time, in force a pass or permit issued under this Act or theregulations; and
(b) where such person is the holder of a visit pass, that person had,at the material time, obtained the written consent of the Director to work inBrunei Darussalam.
[S 6/98]
(10) In this section and section 55B, “immigration offender”means a person who acted in contravention of the provisions of section 6, 15 or36 or of the regulations.
[S 6/98]
Offences by owners and tenants etc. [S 6/98]
55A. (1) No person being the owner, tenant or occupier of any premises or place referred to in subsection (7) of section 55 shall knowingly permit or suffer such premises or place or any part thereof to be kept or used as a place or premises in which any person is employed in contravention of paragraph (e) of subsection (1) of section 55.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be punished with imprisonment for a term of not less than 6 months and not more than 2 years and to a fine not exceeding $6,000.
Prohibition of immigration offender entering or remaining at workplace. [S 6/98]
55B. (1) No occupier of a work place who has control of access tothe work place shall permit any immigration offender to enter or remain at thework place.
(2) Where an immigration offender is found at a work place, it shall bepresumed, until the contrary is proved, that the occupier of the work place—
(a) had control of access to the work place;
(b) had permitted the immigration offender to enter or remain at thework place; and
(c) had knowledge that he is an immigration offender.
(3) The presumptions provided for in paragraphs (b) and (c) of subsection (2) shall not be rebutted unless the defendant proves that he hadexercised due diligence to prevent the immigration offender from entering orremaining at the work place.
(4) For the purposes of subsection (3), a defendant shall not be presumedto have exercised due diligence unless he had taken all reasonable measures toprevent any immigration offender from entering or remaining at the work place,including all the measures prescribed under subsection (5) in respect of thework place.
(5) For the purposes of subsection (4), the Minister may, benotification in the Gazette , prescribe the measures that are required tobe taken by the occupier of a work place.
(6) Any person who contravenes subsection (1) shall be guilty of an offenceand shall be liable on conviction to imprisonment for a term not exceeding oneyear or to a fine of not less than $6,000 and not more than
$12,000 or to both for each immigration offender found at the work place, andin the case of a second or subsequent conviction, to imprisonment for a term notexceeding 2 years or to a fine of not less than $12,000 and not more than$24,000 or to both for each immigration offender found at the work place.
(7) In this section —
“construction works” means construction, reconstruction, maintenance, repair, alteration, or demolition of any building,harbour, dock, pier, canal, sewer, diran, well, telegraphic ortelephonic installation, electrical undertaking, gasworks,waterworks or other work of construction, as well as the preparationfor or laying the foundation of any such work or structure;
“occupier”, in relaiton to a work place, means the principal contractor who undertakes any construction works at the work place andincludes such other person as the Minister may, by notification in the Gazette , specify to be the occupier of the work place;
“principal contractor” means a person who has entered into acontract with an owner, developer or lessee of a property or his agent for thepurpose of carrying out any construction works on the property;
“work place” means any place or premises where any construction works are being carried out and includes —
(a) all the land within the vicinity of the work place which are ownedby the person for whom the construction works are being carried out and to whichthe principal contractor has control of access;
(b) any canteen, sleeping quarters, office and other structures orbuildings erected on the work place; and
(c) such other place or premises as the Minister may, by notificationin the Gazette , specify to be a work place.
Proceedings not to affect liability to removal.
56. Any person unlawfully entering or attempting unlawfully to enterBrunei Darussalam shall whether or not any proceedings are taken against him in respect of such offence be liable to be removed fromBrunei Darussalam by order of the Controller.
Presumption regarding certain offences. [S 24/90]
56A. (1) Where a person who has acted in contravention of theprovisions of section 6, 15 or 36 or of the regulations is found at any premisesor place and is in possesion of any tools or other implements or is engaged inany activity which may give rise to the inference that he is doing any work, theoccupier of such premises or place shall, until the contrary is proved, bepresumed to have employed him knowing that he is a person who has acted incontravention of the provisions of those sections or of the regulations.
(2) In this section “occupier”, in relation to any premises orplace, includes —
(a) the person having the charge, management or control of either thewhole or part of the premises or place, either on his own account or as anagent; and
(b) a contractor who is carrying out building operations orconstruction works at the premises or place on behalf of some other person.
When clearance of vessel or aircraft may be refused.
57. When the master of any vessel or aircraft is charged with anoffence against this Act, the clearance of the vessel or aircraft may be refuseduntil the charge has been heard and the fine imposed, if any, has been paid.
General penalty.
58. Any person guilty of an offence against this Act for which nospecial penalty is provided shall be liable on conviction to a fine of $2,000and to imprisonment for 6 months.
Power to compound offences. [S 32/96]
58A. (1) The Controller, and any Immigration Officer not below therank of Senior Immigration Officer specially authorised by name or by office bythe Minister by notification in the Gazette for the purpose, may inhis discretion —
(a) in relation to any offence under sections 5(3) and 15(2) or under any regulations made under this Act, if he is satisfied that any person has committed such offence, compound the offence by collecting from that person a sum not exceeding $600.00;
(b) in relation to any offence under this Act or under anyregulations made thereunder which has been prescribed as an offence which may be compounded by the Controller and any such Immigration Officer, if heis satisfied that any person has committed such offence, compound the offence bycollecting from that person a sum of money not exceeding $600.00.
(2) Any sum of money collected under this section shall be dealt with as ifit were a fine imposed by a Court.
(3) The Minister may make rules to prescribe the offence under this Act orunder any regulations made thereunder which may be compounded under paragraph (b) of subsection (1) and the procedure to be followed in the exercise ofthe powers conferred by subsection (1).
Court of a Magistrate to have full jurisdiction.
59. (1) A conviction for any offence under this Act may be hadbefore the Court of a Magistrate which shall have jurisdiction to impose anypenalty provided by this Act.
(2) When any person is charged before a Court with any offence under thisAct, no further proceedings in respect thereof shall be taken against himwithout the consent in writing of the Controller, the Public Prosecutor or aDeputy Public Prosecutor, except such as the Court may think necessary byremand, whether in custody or on bail, or otherwise to secure the due appearanceof the person charged.
Recovery of debts etc.
60. Any sum due under a bond or other security or as a debt to Government under the provisions of this Act may be claimed andrecovered in the appropriate Court by civil suit by and in the name of theController on behalf of the Government.
Saving.
61. For the avoidance of doubt it is hereby declared that the provisions of this Act shall be without prejudice to the provisions of the Passport Act (Chapter 146) or any other written law relating to passports for the time being in force in Brunei Darussalam.
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URL: http://www.commonlii.org/bn/legis//i17181