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LAWS OF BRUNEI
CHAPTER 4
INTERPRETATION AND GENERAL CLAUSES
5 of 1959
1984 Ed. Cap. 4
Amended by
S 9/84
S 7/89
S 47/89
S 4/97
REVISED EDITION 2001
(31st January 2001)
Section
ARRANGEMENT OF SECTIONS
PART I
GENERAL PROVISIONS OF INTERPRETATION
1. Short title.
2. Application.
3. Interpretation of certain words and expressions.
PART II
GENERAL PROVISIONS REGARDING ACTS AND OTHER WRITTEN LAWS
4. Acts.
5. Sections and Schedules.
6. Mode of citing Acts.
7. Construction in an Act of references to sections etc.
8. Coming into operation of written law.
9. Repeal and substitution effect thereof.
10. Effect of repeal generally.
11. Limit of repeal.
12. Written law to be read as one with written law it amends.
PART III
SUBSIDIARY LEGISLATION AND INSTRUMENTS
13. Subsidiary legislation: Powers included in authority to make subsidiary legislation.
14. Construction of general penalties provision regarding subsidiary legislation.
15. Extent of power to make subsidiary legislation or instruments or perform acts of a similar nature.
16. Publication.
17. Signification of orders of His Majesty the Sultan or His Majesty the Sultan and Yang Di-Pertuan in Council.
17A. Signification of orders etc. of a Minister.
17B. Signing of documents.
18. Exercise of statutory powers between enactment and commencement ofwritten law.
PART IV
POWERS AND APPOINTMENTS
19. Construction of provisions as to exercise of powers andduties.
20. Power to appoint includes power to dismiss.
21. Construction of enabling words.
22. Appointment of officers by name or office.
23. Relation back of appointments.
24. Power of Minister to provide for execution of duties of publicofficer during temporary absence or inability.
25. Power to appoint to substantive office not vacant.
26. Effect of defining office to include deputy or assistant.
27. Power of majority and person presiding.
28. Presumption in favour of lawful exercise of power.
PART V
DELEGATION OF POWERS
29. Delegation under sections 30, 31, 32 and 33 to be published in the Gazette .
30. Power of His Majesty in Council to delegate with the approval of the Legislative Council.
31. Power of His Majesty to delegate certain powers and duties withthe approval of the majority of the Members of the Council ofMinisters.
31A. Delegation of power of Minister.
32. Savings.
33. Delegation not to preclude exercise of powers by officerdelegating same.
PART VI
PENAL PROVISIONS
34. Imposition of a penalty not a bar to civil action.
35. Contravention of condition in licence, permit etc. an offence.
36. Provisions as to offences under 2 or more laws.
37. Punishment for misdemeanours and other contraventions in absenceof specific provision.
38. Method of prescribing penalties and cumulative penalties.
39. Penalties prescribed to be maximum penalties.
40. Disposal of fines and penalties.
41. Disposal of forfeits.
PART VII
MISCELLANEOUS
42. Power of His Majesty to appoint public officer as such to serve on Board and to appoint chairman.
43. Evidence of signature of Attorney General or any public officer tofiat.
44. Ex-officio proceedings not to abate on death etc.
45. Gazette to be evidence of matters therein.
46. (Repealed).
47. Act for which payment is required need not be performed tillpayment be made.
48. Reduction, variation, remission and application of fees andcharges.
49. Citation of Imperial statutes.
50. Modification of Acts and Orders in Council extended or applied to Brunei Darussalam.
51. Construction of references in written law to Acts of Parliament and Orders in Council and legislation enacted thereunder.
_______________________
INTERPRETATION AND GENERAL CLAUSES ACT
An Act to make better provision in the law relating to the construction,interpretation and publication of the law, and of matters incidentalthereto
Commencement: 29th September 1959
[S 105/59]
PART I
GENERAL PROVISIONS OF INTERPRETATION
Short title.
1. This Act may be cited as the Interpretation and General ClausesAct.
Application.
2. (1) Save where the contrary intention appears, the provisions ofthis Act shall apply to this Act and to any written law now or hereafter inforce made by competent authority in Brunei Darussalam, and to any instrumentmade or issued thereunder.
(2) This Act shall be binding on the Government.
Interpretation of certain words and expressions.
3. (1) “Act” means a law enacted by the legislature, andincludes an Act where the same was enacted prior to the date of coming intoforce of Parts VI and VII of the Constitution:
Provided that —
(a) in subsidiary legislation, a reference to “the Act”shall be read as meaning the Act under the authority of which such legislationwas made; and
(b) a reference in any Act to “the Principal Act” shall beread as meaning the Act which the long title of the first mentioned Act declaresis being amended;
“act”, used with reference to an offence or civil wrong, includesa series of acts, and words which refer to acts done extend to omissions;
“administrative appeal rules” means the rules relating to administrative appeals to His Majesty the Sultan and Yang Di-Pertuan in Council;
“affidavit” includes affirmation, declaration, affirming and declaring in the case of persons allowed by law to affirm or declare insteadof swearing;
“amend” includes repeal, add to or vary and the doing of all or 2 or more of such things simultaneously or by the same instrument;
“Attorney General” means the officer appointed undersubsection (7) of section 4 of the Constitution;
“Auditor General” means the officer appointed under subsection (1) of section 66 of the Constitution;
“a Bruneian” means a person who is a subject of His Majesty byvirtue of the provisions of any written law relating to nationality;
“Brunei Darussalam” means the State of Brunei Darussalam andincludes the Sultanate of Brunei Darussalam and Negara Brunei Darussalam andalso includes the continental shelf;
“Brunei Darussalam waters” means all waters, whethernavigable or not, included within Brunei Darussalam, and shall be deemed toinclude territorial waters;
“Chief Justice” means the Chief Justice of the Supreme Court for Brunei Darussalam;
“Chief Registrar” means the Chief Registrar of the Supreme Court for Brunei Darussalam;
“a citizen of Brunei Darussalam” means a person who is a subject of His Majesty by virtue of the provisions of any written law relatingto nationality;
“Clerk to the Council of Ministers” includes any personappointed by His Majesty to be Deputy Clerk to that Council;
“Clerk to the Legislative Council” includes any person appointedby His Majesty to be Deputy Clerk to that Council;
“Clerk to the Privy Council” includes any person appointed by His Majesty to be Deputy Clerk to that Council;
“commencement”, used with reference to any written law, means thedate upon which such written law comes into operation;
“common law” means the common law of England;
“the Commonwealth” means the countries that are independentmembers of the Commonwealth and territories for whose internationalrelations any of those countries is wholly or in part responsible;
“Constitution” means the Constitution of Brunei Darussalam;
“consular officer” means a consul-general, consul, vice-consul,consular agent, and any person for the time being authorised to discharge theduties of consul-general, consul or vice-consul;
“continental shelf” means the area of the sea-bed and thesub-soil thereof under the high seas adjacent to the territorial waters;
“contravene”, in relation to any requirement or conditionprescribed in any written law, or in any permit, licence or authoritygranted under any written law, includes a failure to comply with thatrequirement or condition;
“Council of Ministers” means the Council of Ministers also known as the Council of Cabinet Ministers established by section 10 of the Constitution;
“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13 of the Succession and Regency Proclamation,1959;
“Council of Succession” means the Council of Successionappointed under subsection (1) of section 6 of the Succession and RegencyProclamation, 1959;
“Court of Appeal” means the Court of Appeal of the Supreme Court for Brunei Darussalam;
“definition” means the interpretation given by any written law towords or expressions;
“dependent Commonwealth territory” means any territory for theinternational relations of which any member of theCommonwealth is responsible;
“District Officer” means the officer in administrative charge ofa district;
“export” means to take or cause to be taken out of Brunei Darussalam;
“financial year” means the 12 months ending on the 31st day of December in any year;
“Gazette ” means the Gazette published by the order of the Government, and includes Parts thereof, any Supplement thereto orany Extraordinary Gazette so published;
“Government” means the Government of His Majesty the Sultan andYang Di-Pertuan;
“Government Gazette ” means the Gazette published bythe order of the Government, and includes Parts thereof, any Supplement theretoor any Extraordinary Gazette so published;
“Government Printer” means the Director of Printing andincludes any printer authorised to print Acts, Enactments and other documents ofthe Government;
“Her Britannic Majesty” means Her Majesty the Queen and Her Heirsand Successors, according to such styles and titles as may be authorised by theRoyal Titles Act 1953;
“High Court” means the High Court of the Supreme Court;
“His Majesty” means His Majesty the Sultan and Yang Di-Pertuan;
“His Majesty in Council” means His Majesty acting afterconsultation with the Council of Ministers, but not necessarily in accordancewith the advice of that Council, nor necessarily in that Council assembled;
“His Majesty in Privy Council” means His Majesty acting afterconsultation with the Privy Council, but not necessarily in accordancewith the advice of that Council, nor necessarily in that Council assembled;
“His Majesty in Religious Council” means His Majesty acting afterconsultation with the Religious Council, but not necessarily in accordance withthe advice of that Council, nor necessarily in that Council assembled;
“His Majesty the Sultan and Yang Di-Pertuan” means HisMajesty the Sultan and Yang Di-Pertuan of Brunei Darussalam and includes aCouncil of Regency and, to the extent to which a Deputy for His Majesty isauthorised to act, that Deputy;
“His Majesty the Sultan and Yang Di-Pertuan in Council” means HisMajesty acting after consultation with the Council of Ministers, but notnecessarily in accordance with the advice of that Council, nor necessarily inthat Council assembled;
“His Majesty the Sultan and Yang Di-Pertuan in Privy Council”means His Majesty acting after consultation with the Privy Council, butnot necessarily in accordance with the advice of that Council, nor necessarilyin that Council assembled;
“His Majesty the Sultan and Yang Di-Pertuan in ReligiousCouncil” means His Majesty acting after consultation with the ReligiousCouncil, but not necessarily in accordance with the advice of that Council, nor necessarily in that Council assembled;
“immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anythingattached to the earth, but does not include minerals or mineral rights;
“Imperial Parliament” means the Parliament of the United Kingdom;
“import” means to bring or cause to be brought into Brunei Darussalam;
“infant” means a person who has not attained the age of 18years;
“instrument” includes any publication in the Gazette ,whether or not such publication merely purports to publish the doing of an actor the occurrence of a fact or event, or otherwise conveys or purports to conveyinformation;
“Judge” means one of the Judges of the Supreme Court and includesthe Chief Justice;
“Legislative Council” means the Legislative Council establishedby section 23 of the Constitution;
“legislature” means the authority competent to make Acts for Brunei Darussalam;
“magistrate” means a person appointed to be a magistrate underthe provisions of the Subordinate Courts Act (Chapter 6) or under any writtenlaw;
“man” means a male human being of any age;
“member of the Commonwealth” means any independent Commonwealth country;
“Minister” means a person appointed under the provisions ofsubsection (4) of section 4 of the Constitution;
“minor” means a person who has not attained the age of 18years;
“month” means calendar month;
“movable property” means property of every description exceptimmovable property;
“Municipal Board” means a Municipal Board constituted under subsection (2) of section 3 of the Municipal Boards Act (Chapter 57);
“oath” includes affirmation, declaration, affirming and declaringin the case of persons allowed by law to affirm or declare instead ofswearing;
“offence” means any act punishable under any law for the timebeing in force in Brunei Darussalam;
“or” shall be construed disjunctively and not as implyingsimilarity, unless the word “similar” or some other word of likemeaning is added;
“Order in Council” means an Order made by Her Britannic Majesty in Her Privy Council;
“other” shall be construed disjunctively and not as implyingsimilarity, unless the word “similar” or some other word of likemeaning is added;
“otherwise” shall be construed disjunctively and not as implyingsimilarity, unless the word “similar” or some other word of likemeaning is added;
“Parliament” means the Parliament of the United Kingdom;
“party” includes any company or association or body of persons,corporate or unincorporate; and this interpretation shall apply not withstandingthat the word “person” occurs in a provision creating orrelating to an offence or for the recovery of any fine or compensation;
“person” includes any company or association or body ofpersons, corporate or unincorporate; and this interpretation shall apply not withstanding that the word “person” occurs in a provisioncreating or relating to an offence or for the recovery of any fine orcompensation;
“police officer” means any member of the police force of BruneiDarussalam, and terms or expressions referring to ranks in the police forceshall bear the meanings respectively assigned to them by the Royal Brunei PoliceForce Act (Chapter 50);
“power” includes privilege, authority and discretion;
“prescribed” when used with reference to any written law, meansprescribed or provided by or under such written law, or by or under any subsidiary legislation or instrument authorised thereunder;
“printing” includes writing, printing, lithography, photography, typewriting, and every other mode of representing words or figures in a visible form; but, in the case of a book, “printing” does not include writing or typing. Nothing in this definition shall be taken to apply to signatures;
“prison” includes any place or building or portion of a buildingset apart or hereafter to be set apart for the purpose of a prison under anywritten law relating to prisons;
“Privy Council” means the Privy Council established bysubsection (1) of section 5 of the Constitution;
“Proclamation” includes a Proclamation made by or under theauthority of the Military Commander during the period of the British MilitaryAdministration;
“property” includes —
(a) money, goods, choses in action, land and every description ofproperty, whether movable or immovable; and
(b) obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, orincident to, any property as defined in paragraph (a) ;
“provided” when used with reference to any written law, meansprescribed or provided by or under such written law, or by or under any subsidiary legislation or instrument authorised thereunder;
“public” includes any class of the public, or any community;
“public body” means any executive or legislative council, anyGovernment department or undertaking, any local or public authority orundertaking, any board, commission, committee or other body, whether paid orunpaid, which is vested with, or is performing, whether permanently or temporarily, duties of a public nature;
“public holiday” means any day which is declared by notificationin the Gazette , to be a public holiday, or which is, byProclamation of His Majesty, proclaimed a public holiday, or which under anyother written law is to be observed as a public holiday in Brunei Darussalam orany part thereof;
“public notification” includes a notification published in the Gazette ;
“public office” means any office of emolument under the Government;
“public officer” means any person holding any appointment ordischarging the duties of any public office and any employee or member of apublic body, whether temporary or permanent and whether paid or unpaid;
“public place” includes every public highway, street, road, square, court, alley, lane, bridleway, footway, parade, wharf,jetty, quay, bridge, public garden or open space, and every theatre,place of public entertainment of any kind or other place of general resort,admission to which is obtained by payment, or to which the public haveaccess;
“Public Seal” means the Seal of the State referred to in section 79 of the Constitution;
“public servant” means any person holding any appointment ordischarging the duties of any public office and any employee or member of apublic body, whether temporary or permanent and whether paid or unpaid;
“the Queen” means Her Majesty the Queen and Her Heirs andSuccessors, according to such styles and titles as may be authorised bythe Royal Titles Act 1953;
“Regent” means a Regent duly appointed under subsection (1) ofsection 13 of the Succession and Regency Proclamation, 1959;
“registered”, used with reference to a document, means registered under the provisions of the written law applicable to theregistration of such document;
“Registrar” means the Chief Registrar or a Registrar of the Supreme Court, and includes a Deputy or Assistant Registrar;
“regulations” includes rules, rules of court and by-laws;
“Religious Council” means the Religious Council constituted under section 5 of the Religious Council and Kadis Courts Act (Chapter 77);
“repeal” includes rescind, revoke, cancel or replace;
“road” includes any highway, street, road, bridge, thoroughfare,parade, square, court, alley, lane, bridleway, footway, passage or open placewhether situate on land leased from the Government or not, used or frequented bythe public, or to which the public have, or are permitted to have, access;
“rules of court” means, when used in relation to any court, rulesmade by the authority having for the time being power to make rules and ordersregulating the practice and procedure of such court;
“Seal” means the Seal of the State referred to in section 79 of the Constitution;
“sell” includes exchange and barter;
“ship” includes every description of vessel used in navigation,not exclusively propelled by oars or paddles;
“sign” includes, in the case of a person unable to write, themaking of a mark or the affixing of a thumbprint or chop;
“standard time” means 8 hours in advance of Greenwich mean time,or such other period in advance of Greenwich mean time as His Majesty in Councilmay by Order signified in the Gazette prescribe;
“the State” means the State of Brunei Darussalam and includes theSultanate of Brunei Darussalam and Negara Brunei Darussalam and alsoincludes of the continental shelf;
“State waters” means all waters, whether navigable or not, included within Brunei Darussalam, and shall be deemed to includeterritorial waters;
“statutory declaration”, if made —
(a) in Brunei Darussalam, means a declaration under the StatutoryDeclarations Act (Chapter 12);
(b) in any part of the Commonwealth except Brunei Darussalam, means a declaration made before a justice of the peace, notary public or other person having authority therein under any legal provision for the time being in force in such part of the Commonwealth to take or receive a declaration; and
(c) in any other place, means a declaration before a Brunei Darussalam Consul;
“street” includes any highway, street, road, bridge,thoroughfare, parade, square, court, alley, lane, bridleway, footway, passage oropen place whether situate on land leased from the Government or not, used orfrequented by the public, or to which the public have, or are permitted to have,access;
“subsidiary legislation” means any regulation, Order, Proclamation or other instrument made under any written law and havinglegislative effect;
“the Sultan” means His Majesty the Sultan and YangDi-Pertuan;
“Supreme Court” means the Supreme Court for Brunei Darussalam established by the Supreme Court Act (Chapter 5);
“swear” includes affirmation, declaration, affirming and declaring in the case of persons allowed by law to affirm or declare insteadof swearing;
“territorial waters” means such part of the sea adjacent to the coast of Brunei Darussalam as is defined by the Territorial Waters of Brunei Act (Chapter 138) and the limits of it are more particularly set out in the map published in pursuance to section 3 and notified in the Gazette;
[S 6/84]
“treaty” means a treaty, convention or agreement made with aforeign state, together with protocols or declarations attached thereto, orindependent thereof but referring thereto;
“trust territory” means a territory administered by the Government of any part of Her Majesty’s dominions under thetrusteeship system of the United Nations;
“United Kingdom” means the United Kingdom of Great Britain andNorthern Ireland;
“waters of Brunei Darussalam” means all waters, whethernavigable or not, included within Brunei Darussalam, and shall be deemed toinclude territorial waters;
“waters of the State” means all waters, whether navigable or not,included within Brunei Darussalam, and shall be deemed to includeterritorial waters;
“will” includes any testamentary instrument;
“words” includes figures and symbols;
“writing” includes writing, printing, lithography, photography,typewriting, and every other mode of representing words or figures in avisible form; but, in the case of a book, “printing” does notinclude writing or typing. Nothing in this definition shall be taken to apply tosignatures;
“written law” includes all Acts, Enactments and Proclamations,and subsidiary legislation, or any part thereof, but does not includeany Act of Parliament nor any Order of Her Britannic Majesty in Council, RoyalCharter or Royal Letters Patent nor any law which no authority in BruneiDarussalam is empowered to amend;
“year” means a year according to the Gregorian calendar;
“years of age” or words of a like meaning, when used in reference to the age of any person, means years according to Englishreckoning.
Definition.
(2) When a definition has been given by this or any other written law towords or expressions, that definition, and all grammatical variations andcognate expressions thereof, shall, unless there is something in the subject orcontext inconsistent with such construction, have the meaning therebyassigned to it whenever it is used in such written law or in any subsidiarylegislation made thereunder.
Reference to Government property.
(3) Whenever any reference is made to property and the expressions used in relation thereto imply that such property is owned by, or belongs to, the Government, or convey a similar meaning, such reference shall be deemed to refer to such of the property of the description mentioned as has by, or with the consent of, the competent authority, express or implied, been appropriated to the use of the Government.
Provisions for gender and number.
(4) (a) Words importing the masculine gender include females.
(b) Words in the singular include the plural and viceversa .
Meaning of serving by post.
(5) When any written law authorises or requires any document to be servedby post, whether the expression “serve”, “give” or“send”, or any other expression, is used, the service shall bedeemed to be effected by properly addressing, preparing and posting a lettercontaining the document and, unless the contrary is proved, to have beeneffected at the time at which the letter would be delivered in the ordinarycourse of post.
Reference to time.
(6) (a) Whenever any expression of time occurs in any written law orinstrument, the time referred to shall be held to be standard time.
A.m. and p.m.
(b) The expression “a.m.” indicates the period between midnight and the following noon; and the expression “p.m.”indicates the period between noon and the following midnight; and where 2 such expressions occur conjunctively in relation to any specified hours, or inconjunction with the words “sunset” or “sunrise”, theyshall be construed as relating to a consecutive period of time.
The Sultan.
(7) Reference to His Majesty the Sultan and Yang Di-Pertuan shall beconstrued as a reference to the Sultan for the time being; and in this Act and in every other written law, whether passed before or after thecommencement of this Act, references to the Sultan reigning at the time of thepassing of the Act shall be construed as references to the Sultan for the timebeing.
Straits Settlements.
(8) Reference to the Straits Settlements or to the Colony ofSingapore or to the State of Singapore or to Singapore shall be construed as areference to the Republic of Singapore.
Federated Malay States, Malaya or Federation.
(9) Reference to the Federated Malay States or to Malaya, theMalayan Union or the Federation of Malaya or the Federation shall be construedas a reference to the Federation of Malaysia.
Sarawak and North Borneo.
(10) Reference to the Colony of Sarawak or to the Colony of North Borneo orto Sarawak or North Borneo shall be construed as a reference to the State ofSarawak or the State of Sabah respectively.
Restyling of designation of public office or officer.
(11) Whenever His Majesty by notification signified in the Gazette directs that the style of any public office, or of one or more officersholding the same public office, be changed, a reference to such office, officeror officers in any written law shall be construed as a reference to such office,officer or officers as so restyled.
Public officers.
(12) Where a reference is made in any written law to any public officer bythe term designating his office, the term shall include the officer for the timebeing discharging the functions of that office.
Expression denoting distance.
(13) Any word or expression denoting distance shall denote distancemeasured in a straight line on a horizontal plane.
Computation of days.
(14) In computing a period of days from the happening of an event for the doing of any act or thing, there shall be excluded the day on which the event happens or the act or thing is done and, if the period is less than 6 days, any public holiday within such period.
Provision where no time prescribed.
(15) A prescribed act or thing shall, if no time is prescribed, be donewith all convenient speed, and as often as the prescribed occasion arises.
Written law, when binding on the Government.
(16) No written law shall be binding on the Government unless it appearsexpressly or by necessary implication that the Government shall be boundthereby.
References to instruments under Act.
(17) A reference in any written law to any other law shall be deemed toinclude a reference to any instrument made by virtue of the law to whichreference is made.
Forms.
(18) Whenever forms are prescribed under any written law slight deviations therefrom, not affecting the substance or not calculated to mislead,shall not invalidate them.
Exercise of powers in special cases.
(19) Where any power or duty is by or under any written law vested in theholder of any public office and either —
(a) that office has been abolished; or
(b) no person has been appointed to discharge the functions of that office, those power and duties may be discharged —
(i) in the case of making subsidiary legislation, by His Majesty in Council; and
(ii) in any other case, by the holder of such other public office as HisMajesty may by Order signified in the Gazette direct.
PART II
GENERAL PROVISIONS REGARDING ACTS AND OTHER WRITTEN LAWS
Acts.
4. Every Act shall be a public Act and shall be judicially noticed assuch.
Sections and Schedules.
5. (1) Every section of an Act shall have effect as a substantiveAct without introductory words.
(2) Every Schedule, Table or other annexure to any written law shall,together with any notes thereto, be construed and have effect as partthereof.
Mode of citing Acts.
6. Any written law may, for all purposes, be cited by the short titlethereof:
Provided that any Act may also be cited by its number among the Acts of theyear in which it was made, or by any chapter number lawfully given thereto.
Construction in an Act of references to sections etc.
7. (1) Where, in any Act, there is a reference to a section, Part,Chapter or Schedule by number or letter only, and not in conjunction with thetitle or series number of an Act such reference shall be construed as areference to the section, Part, Chapter or Schedule of that number or lettercontained in the Act in which such reference occurs.
Construction in a section of reference to subsections andparagraph.
(2) Where, in any section of any Act, there is a reference to asubsection, paragraph or subparagraph by number or letter only, and not inconjunction with the number of any section of that or of any other Act, suchreference shall be construed as a reference to the subsection, paragraph, orsubparagraph of that number or letter contained in the section in which suchreference occurs.
Construction to apply to other written laws.
(3) This section shall apply with suitable modifications to otherwritten laws, and to instruments issued under or by virtue thereof.
Special provision in marginal notes.
(4) This section shall not apply to marginal notes contained in an amendingAct, or in any written law which amends another written law; and, in such case,references to a Part, section or other division which does not contain areference to the written law of which such Part, section or other division formspart shall be deemed to refer to the Principal Act or other written law which isbeing amended.
Coming into operation of written law.
8. (1) Any written law which is expressed to come into operation ona particular day shall come into operation on the expiration of the previousday.
(2) Subsection (1) shall apply also to the day proclaimed, notified orotherwise appointed as the day as from which any written law shall come into force; and the expression “otherwise appointed” shall includethe provisions for commencement made by sections 16 and 18.
Repeal and substitution effect thereof.
9. (1) Wherever any written law repeals any former written law andsubstitutes other provisions therefor, the written law so repealed shall remainin force until the substituted provisions come into operation.
(2) Whenever any written law is declared to be made by way of replacementof, or substitution for, another, or re-enacts another, with or withoutmodification, the subsidiary legislation and instruments made or prescribed byor under the earlier written law shall remain in force so far as they are notinconsistent with such later written law, or any instrument made and prescribedthereunder, and shall be deemed for all purposes, including penalties, to havebeen made or prescribed thereby and to be liable to amendment therebyor thereunder.
Effect of repeal generally.
10. The repeal of any written law shall not —
(a) revive anything not in force or existing at the time at which therepeal takes effect;
(b) affect the previous operation of any written law so repealed, oranything duly done or suffered under any written law so repealed;
(c) affect any right, power, obligation, restriction or liabilityacquired, accrued, imposed or incurred under any written law so repealed;
(d) affect any penalty, forfeiture or punishment incurred inrespect of any offence committed against any written law so repealed; or
(e) affect any investigation, legal proceeding or remedy inrespect of any such right, power, obligation, restriction, liability,penalty, forfeiture or punishment as aforesaid; and any suchinvestigation, legal proceeding or remedy may be instituted,continued or enforced, and any such restriction, liability, penalty, forfeitureor punishment may be imposed, as if the repealing written law had not beenpassed.
Limit of repeal.
11. Whenever any written law which repeals any earlier written law isitself repealed, such last repeal shall not be construed as reviving the writtenlaw previously repealed.
Written law to be read as one with written law it amends.
12. (1) Any written law which amends another written law shall beread and construed as one with the written law so amended.
(2) A reference in any written law to the provisions of anotherwritten law shall include a reference to any written law amending that otherwritten law, or replacing it with or without modification.
PART III
SUBSIDIARY LEGISLATION AND INSTRUMENTS Subsidiary legislation: Powersincluded in authority to make subsidiary legislation.
13. The following provisions shall apply to subsidiary legislation—
(a) authority to make subsidiary legislation shall include —
(i) authority to provide that a contravention thereof shall be punishable by imprisonment for such term, not exceeding 6 months, or with such fine not exceeding $10,000, or by both such fine and imprisonment, as may be specified in the subsidiary legislation;
(ii) authority to amend any forms prescribed by the written law under whichthe subsidiary legislation was made; and
(iii) authority to prescribe new forms for the purpose thereof and for the purpose of the subsidiary legislation;
To include reduction of fees etc.
(b) authority to provide for fees and charges shall includeauthority to provide for the reduction, waiver or refund thereof, eithergenerally or in any particular event or case, or class of cases, or in thediscretion of any person;
(c) subsidiary legislation shall have the same force and effect and beas binding, and shall be construed for all purposes as if it had been containedin, the written law under which it was made;
Where subsidiary legislation requires approval.
(d) whenever any written law provides that the subsidiarylegislation shall be subject to the approval of the Legislative Council or ofany other authority, or contains words to the like effect, then —
(i) the subsidiary legislation shall be submitted for the approval of suchauthority;
(ii) such authority shall have power to amend or disapprovethe whole or any part of the subsidiary legislation, and may, if it disapproves of either in whole or in part, require further subsidiarylegislation to be submitted for approval;
(iii) a statement by the approving authority, purporting to be made under the provision of such written law whereby approval is required, thatspecified subsidiary legislation has been made with the approval of suchauthority shall, until the contrary is proved, be evidence that thesubsidiary legislation was duly made and the requisite approval dulyobtained;
(iv) the provisions of subparagraph (iii) shall apply whether ornot the power to amend conferred by subparagraph (ii) has been exercised and, if the statement appears in a publication authorised by suchwritten law, whether or not publication has been made in the Gazette , andit shall not be necessary to specify in what respect, if any, the subsidiary legislation originally submitted has been amended; and
(v) the expression “the approving authority” shall include a person authorised by section 17 or otherwise to signify on behalf of the authority that its approval has been given; and the expression “the person authorised to make the subsidiary legislation” shall include any person authorised to signify the exercise of the power to make subsidiary legislation vested in such first mentioned person;
Power to make subsidiary legislation for special as well as generalpurposes.
(e) authority to make subsidiary legislation for any generalpurpose, and also for any special purpose incidental thereto, shall not be construed so as to derogate from the powers conferred with reference tothe general purpose;
Reference to written law includes reference to legislationthereunder.
(f) a reference in a written law to another written law shall includereference to any subsidiary legislation made thereunder.
Construction of general penalties provision regarding subsidiary legislation.
14. (1) A provision in any written law to the effect that any breach or contravention of subsidiary legislation made or deemed to be made, or taking effect, by virtue of such written law shall constitute an offence, or prescribing punishment for breach or contravention of such subsidiary legislation, shall be deemed to include power to prescribe by such subsidiary legislation that the contravention of any particular provision therein shall or shall not constitute an offence, and to include power to prescribe by such subsidiary legislation punishment therefor not exceeding that so prescribed in such written law for breach or contravention of the subsidiary legislation: Provided that, except in so far as the power deemed by this subsection to be included in such provision is exercised, such provision shall be construed and take effect as if no such power had been conferred.
(2) Notwithstanding section 2 —
(a) this section shall apply to any written law coming intooperation prior to the commencement of this Act, notwithstanding any contraryexpression in such written law; and
(b) this section shall apply to any written law coming intooperation after the commencement of this Act, unless the operation of thissection is expressly excluded.
Extent of power to make subsidiary legislation or instruments orperform acts of a similar nature.
15. Whenever by or under any written law power is given to HisMajesty, His Majesty in Council, any public officer or body or any otherauthority (in this section referred to as “the authority empowered”)to make subsidiary legislation, or to make, issue or approve any Order, Proclamation, instrument, declaration, direction, instruction, notification,register or list, it shall include the power of amending or suspending such subsidiary legislation, Order, Proclamation, instrument, declaration, direction, instruction, notification, register or list, orwithdrawing approval thereof, in the same manner as it was made, approved orissued, and shall include the power of declaring the date (including a dateprior to that upon which it is declared) as from which it shall have or bedeemed to have had effect, and the period of its operation, and of substitutinganother therefor:
Provided that —
(a) the power of declaring the date of commencement shall not bedeemed to include power to appoint a date of commencement prior to thecommencement of the written law conferring the power; and, if, in pursuance ofsuch power, a date of commencement for any subsidiary legislation is appointed which is prior to the date of publication of that subsidiarylegislation, no person shall be found guilty of an offence committed prior tothe date of publication unless it is proved to the court having cognisance ofsuch offence that that person was, at the time that he committed the actconstituting the offence with which he is charged, aware that that act had been constituted an offence under such subsidiary legislation;
(b) where any Act is to come into operation on a day to be fixed byProclamation, notification or other instrument, the power to issue suchProclamation, notification or other instrument shall not include, except in thecase of, and for the purpose of, correcting any mistake therein, the power ofamending or suspending the same; and
(c) where the authority empowered has been replaced wholly orpartially by another authority, the power conferred herein upon the original authority may be exercised by such other authority, concerning allmatters or things which it is empowered to do, as if it were the originalauthority.
Publication.
16. (1) Power to make subsidiary legislation shall, unless another method of publication is authorised, be deemed to include a direction to publish it in the Gazette and, without prejudice to the provisions of sections 15 and 18, a direction that it shall come into operation on the date of its publication.
(2) If the particular form or manner of publication of any legislation or instrument has not been provided for, then, without prejudice tosubsection (1) and to any form or manner which may be deemed sufficient, itshall be deemed to be duly published if it is published in such form or manneras the Minister shall direct.
(3) Without prejudice to subsection (1), a provision in any written lawthat subsidiary legislation of any description shall be made or published in the Gazette shall not be deemed to prohibit the making of any such subsidiarylegislation otherwise than in the Gazette ; and such provision shall bedeemed to have been complied with if, after such subsidiary legislation has beenmade, the fact that such subsidiary legislation has been made, and the contentsthereof, are published, by signification or otherwise, in the Gazette ;
(4) Without prejudice to subsection (6), subsection (3) shall apply toinstruments not constituting subsidiary legislation, with the modification thatit shall suffice to publish the purport thereof.
(5) The expression “notification in the Gazette ” shallnot import a duty to execute any formal instrument or to use any wordsdenoting notification, but shall nevertheless import a direction to effectpublication in the Gazette in an appropriate manner.
(6) Nothing in the definition of “instrument” as read with this section shall import either a duty or direction to execute any formal instrument, unless the same is otherwise required, or a direction topublish the fact that an instrument has been made, unless such is in fact thecase.
Signification of orders of His Majesty the Sultan or His Majestythe
Sultan and Yang Di-Pertuan in Council. [S 9/84]
17. Whenever any written law confers upon His Majesty or His Majesty in Council power to make subsidiary legislation, give any directions, or issue, any order, authorise any thing or matter to be done, grant any exemption, remit any fee or penalty or exercise any other power, it shall be sufficient if the exercise of such power be signified, in the case of His Majesty, under the hand of any Minister or the Permanent Secretary to the Office of the Prime Minister, and, in the case of His Majesty in Council, under the hand of any Minister or the Clerk to that Council:
Provided that the foregoing provision shall not apply to the power of HisMajesty to issue any warrant or Proclamation, which shall be made or issued onlyunder the hand of His Majesty himself.
Signification of orders etc. of a Minister. [S 9/84]
17A. Where any written law confers upon a Minister power to make anysubsidiary legislation or appointment, give any directions, issue any order,authorise any thing or matter to be done, grant any exemption, remit any fee orpenalty or exercise any other power, it shall be sufficient, unless in suchwritten law it is otherwise provided, if the exercise of such power by theMinister be signified under the hand of the Permanent Secretary to the Ministryfor which the Minister is responsible.
Signing of documents. [S 9/84]
17B. Where in any written law any document is required to be under thehand of or countersigned by a Minister in exercise of any powers conferredthereby, it shall be sufficient for such document to be under the hand of orsigned or countersigned by the Permanent Secretary to the Ministry for which theMinister is responsible or by any public officer duly authorised in writing bythe Minister.
Exercise of statutory powers between enactment and commencement of writtenlaw.
18. Whenever any written law which is not to come into operation immediately on the passing thereof confers power to make subsidiary legislation, or to issue any instrument, or to prescribe forms, or todo any other thing, for the purposes of such written law, such power may be exercised at any time after the passing of the written law so far as maybe necessary or expedient for the purpose of bringing the written law intooperation at the date of the commencement thereof:
Provided that nothing contained in this section shall be deemed to authorise any provision to bring into effect any such subsidiary legislation, instrument, form or thing prior to the commencement of the written law conferring power to make, issue, prescribe or do the same; and, if no date is specified as from which any such subsidiary legislation, instrument, form or thing shall have effect, it shall have effect as from the commencement of such written law.
PART IV
POWERS AND APPOINTMENTS
Construction of provisions as to exercise of powers and duties.
19. (1) Whenever any written law confers a power or imposes a duty,the power may be exercised and the duty shall be performed from time to time asoccasion requires.
(2) Whenever any written law confers a power or imposes a duty on theholder of an office as such, then, the power may be exercised and the duty shallbe performed by the holder of the office for the time being, or by a person dulyappointed to act for him or to exercise such power or discharge such duty.
Power to appoint includes power to dismiss.
20. Whenever any written law confers upon any person or authority apower to make appointments to any office or place, the power shall be construed as including a power to dismiss or suspend any person so appointed andto appoint another person temporarily in the place of any person so suspended,or in place of any sick or absent holder of such office or place:
Provided that, where the power of such person or authority to make suchappointment is only exercisable upon the recommendation or subject to theapproval or consent of some other person or authority, such power ofdismissal shall only be exercisable upon the recommendation or subject to theapproval or consent of such other person or authority.
Construction of enabling words.
21. (1) Whenever any written law, either expressly or by necessary implication, confers on any person power to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
(2) Without prejudice to the generality of subsection (1) —
(a) a power to provide for, prohibit, control or regulate any matterincludes power to provide for the same by the licensing thereof and power to prohibit acts whereby the prohibitions, control or regulations affectingsuch matter might be evaded;
(b) a power to grant a licence, permit, authority, approval orexemption includes power to impose reasonable conditions subject to which suchlicence, permit, authority, approval or exemption may be granted;
(c) power to approve any person or thing includes power to withdrawapproval thereof; and
(d) power to give directions includes power to couch the same in theform of prohibitions.
(3) Without prejudice to the generality of subsection (1), whenever in anywritten law one of the following expressions, namely, “as His Majesty mayappoint”, or “as His Majesty may direct”, or “as may bedesignated by His Majesty”, or any similar expression, appears, and nopower is expressly conferred upon His Majesty to make the appointment, give thedirection or make the designation, or as the case may be, such power shallnevertheless be deemed to be conferred by necessary implication.
(4) Subsection (3) shall have effect in relation to His Majesty, HisMajesty in Council, a public body, public officer or other person as it haseffect in relation to His Majesty, and shall have effect in respect of anyinstrument or other matter as it has effect in respect of appointments ordirections.
(5) Without prejudice to the generality of subsection (1), whenever in anywritten law power is expressly or impliedly conferred on His Majesty, HisMajesty in Council, a public body or a public officer to make any Proclamation,warrant, Order, instrument or appointment, or to give any direction, approval ornotice, and it does not expressly appear what effect any such making or givingshall have, the instrument or document made or executed in pursuance of suchpower shall, if lawfully made in conformity with the power so conferred, haveeffect nevertheless according to its tenor.
Appointment of officers by name or office.
22. Whenever, by or under any written law, power is given to appointor name a person to have and exercise any powers or discharge any duties, thepower may be lawfully exercised either by appointing a person by name, or bydirecting that the person for the time being holding a designated office shallhave and exercise such powers and discharge such duties.
Relation back of appointments.
23. Any appointment may be declared to have effect as from the dateupon which the appointee in fact commenced to exercise the powers and dischargethe duties of his appointment, not being a date earlier than the commencement ofthe written law under which the appointment is made.
Power of Minister to provide for execution of duties of public officerduring temporary absence or inability.
24. (1) Whenever, by or under any written law, any powers areconferred or any duties are imposed upon a public officer, then, if, during anyperiod, owing to absence or inability to act from illness or any other cause,such public officer is unable to exercise the powers or perform the duties ofhis office in any place under his jurisdiction or control, such powers shall behad and may be exercised, and such duties shall be discharged, in such place bya person named by, or by a public officer holding the office designated by, thedirection of the Minister, subject to such conditions, exceptions andqualifications as the Minister may direct.
Any such direction may be given in anticipation of any absence orinability occurring, in which case it shall be notified by the Minister in the Gazette or, if given subsequent thereto, may relate back to the commencement of such inability or absence, and shall be notified as aforesaid upon the termination of any period of absence orinability.
[G.N. 265/87]
(2) Whenever, by or under any written law, any powers areconferred, or any duties are imposed, upon a public officer and a new post issubsequently created in the same department, the emoluments of which are no lessthan those of such public officer, the Minister may by notification in the Gazette , direct that those powers and duties, or any of them, shall beexercised by any holder of the post so created, and either to the exclusion ofthe first named public officer or otherwise.
Power to appoint to substantive office not vacant.
25. Notwithstanding the provisions of any written law constituting anoffice, when the substantive holder of such office is on leave of absencepending relinquishment of his office, it shall be lawful for another person tobe appointed substantively to the same office; and, upon any suchappointment, all rights, powers, functions and duties of the office shall vestin the person so appointed to the exclusion of the holder of such office onleave of absence pending relinquishment of office, but without prejudice to theprovisions of subsection (2) of section 19, or to any provision enabling anacting appointment to be made, or enabling a person other than the holder of anoffice to exercise and discharge temporarily the powers and duties of suchoffice or some of them.
Effect of defining office to include deputy assistant.
26. Whenever an office is defined as including a deputy or assistantor other public officer, then, subject to any instructions of His Majesty, suchdeputy or assistant or other officer shall —
(a) during the absence or inability to act of the holder of suchoffice, unless and until the vacancy is filled, whether temporarily orotherwise, exercise the powers vested in and discharge the duties to bedischarged by him; and
(b) notwithstanding that the holder or other person discharging theduties of such office is present and able to act, exercise such powers anddischarge such duties as such holder or other person may delegate.
Power of majority and person presiding.
27. (1) Whenever, by or under any written law, a power is conferredor a duty imposed on a body or number of persons consisting of, or being notless than, 3, such power may be exercised or duty discharged in the name of thatbody or number of persons by a majority of those persons.
(2) Whenever such body is assembled, the Chairman or other person presidingshall have a casting as well as a deliberate vote.
(3) The exercise of any power vested in such body or number of persons may be signified either by the Chairman or other person presiding at the meeting or other deliberation at which such power was exercised, or at which, as the case may be, authority to exercise it was conferred, or by any person from time to time authorised by such body or persons to signify the exercise of such power.
Presumption in favour of lawful exercise of power.
28. (1) Whenever, by virtue of any written law, power is conferredon His Majesty or any public officer to make any subsidiary legislation, or tomake any instrument or to exercise any power, and the written lawconferring the power prescribes conditions, whether objective or subjective,subject to the observance, performance or existence of which any such power maybe exercised, a statement in the instrument exercising the power that thesubsidiary legislation or instrument is made, or the power exercised, inexercise of, or in pursuance of, the power conferred by such written law, or astatement to the like effect, shall, if such statement includes reference to theprovision of such written law where such conditions are prescribed, be deemed toinclude a statement that the conditions precedent to the making of thesubsidiary legislation or instrument, or to the exercise of the power, have beenduly fulfilled.
(2) For the purposes of this section, His Majesty includes HisMajesty acting after consultation with any Council constituted by or under anywritten law.
PART V
DELEGATION OF POWERS
Delegation under sections 30, 31, 32 and 33 to be published in the Gazette .
29. Any delegation made in exercise of the powers conferred by thisPart shall be published in the Gazette .
Power of His Majesty in Council to delegate with the approval of the Legislative Council.
30. Subject to the provisions of any other written law, His Majesty in Council may, with the prior approval of the Legislative Council expressed by resolution, delegate to any public officer or public body the exercise of any power or the discharge of any duty which, by the provisions of any written law other than the Constitution, is required to be exercised or discharged by His Majesty in Council.
Power of His Majesty to delegate certain powers and duties with theapproval of the majority of the Members of the Council of Ministers.
31. Where any power or duty is vested in or to be discharged by HisMajesty by any written law other than the Constitution, he may, with theapproval of the majority of the Members of the Council of Ministers,delegate the exercise of that power or the discharge of that duty to any publicofficer or public body.
Delegation of power of Minister. [S 9/84]
31A. (1) Where in any written law a Minister is empowered toexercise any powers or perform any duties, he may, in the absence of anyprovision of law to the contrary, with the approval of His Majesty and bynotification in the Government Gazette, depute any person by name or theperson for the time being discharging the duties of an office designated by himto exercise such powers or perform such duties on behalf of the Minister subjectto such conditions, exceptions and qualifications as His Majesty may determine,and thereupon or from the date specified by His Majesty, the person so deputedshall have and exercise such powers and perform such duties:
Provided that nothing herein contained shall authorise a Minister todepute any person to make subsidiary legislation under the power in that behalfconferred upon the Minister by any Act.
(2) The Minister may exercise any powers or perform any duties conferredupon him by an Act notwithstanding the delegation by him of such powers orduties.
Savings.
32. Nothing in sections 30, 31 or 31A shall authorise the delegationof any power to make subsidiary legislation, to issue warrants or Proclamationsor to hear any appeal.
Delegation not to preclude exercise of powers by officer delegatingsame.
33. Whenever, by this or any other written law, His Majesty, His Majesty in Council, or any public officer, public body or person is empowered to delegate the exercise of any of the powers, or the performance of any of the duties, vested in him under such written law —
(a) no delegation made thereunder shall preclude His Majesty, HisMajesty in Council or such public officer, public body or person, as the casemay be, from exercising or performing at any time any of the powers or duties sodelegated; and
(b) delegation may be conditional, qualified or limited in such manneras the person or body, with whose approval the delegation is required to bemade, may approve, and, if there is no such person or body, in such manner asthe person or body delegating may think fit.
PART VI
PENAL PROVISIONS
Imposition of a penalty not a bar to civil action.
34. The imposition of a penalty by or under the provisions of anywritten law shall not relieve any person from liability to answer for damages toa person injured.
Contravention of condition in licence, permit etc. an offence.
35. If, by virtue of any written law, it is an offence to do any actor thing without a licence, permit, approval or other authority, thecontravention of any condition to which any such licence, permit, approval orother authority has lawfully been made subject shall itself be an offence,punishable in like manner and with the like penalties as the offence firstmentioned.
Provisions as to offences under 2 or more laws.
36. Whenever any act or omission constitutes an offence under 2 ormore written laws, or under a written law and under any other law which appliesto Brunei Darussalam, the offender shall be liable to be prosecuted and punished under either or any of such laws, or under such other laws, butshall not be liable to be punished twice for the same offence.
Punishment for misdemeanours and other contraventions in absence ofspecific provision.
37. (1) If, by virtue of the Application of Laws Act (Chapter 2), a contravention of any act made by competent authority inthe United Kingdom or any act constitutes a common law misdemeanour, and no express provision has been made for the punishment thereof, then, thatact or that contravention may be punished by imprisonment for a term of 3 yearsand a fine, and a Court of a Magistrate shall have jurisdiction.
(2) Subject as hereinafter provided, a contravention of a written law whichhas not expressly been declared to be an offence shall constitute an offence:Penalty, in the case of a written law other than subsidiary legislation,imprisonment for 6 months and a fine of $8,000; and, in the case ofsubsidiary legislation, a fine of $4,000.
(3) Subsection (2) shall not apply —
(a) if some other remedy is provided by the relevant Act;
(b) without prejudice to disciplinary proceedings in respectthereof, if the contravention consists merely of the dereliction of a dutyimposed on an officer in the Government Service; or
(c) to a breach of subsidiary legislation which contains any provisiondeclaring which breaches shall constitute offences.
(4) The penalties provided by subsection (2) shall be applicable also if acontravention of a written law has been declared to be an offence but noprovision has been made for the punishment thereof.
Method of prescribing penalties and cumulative penalties. [S7/89]
38. (1) Whenever, in or by virtue of the provisions of the lawspecifies in the Schedule, more than one penalty is prescribed for an offence,the use of the word “and” shall signify that the penalties shall beinflicted cumulatively.
(2) Whenever, in or by virtue of the provisions of any written law otherthan the provisions of the law specified in the Schedule, more than one penaltyis prescribed for an offence, the use of the word “and” shallsignify that the penalties may be inflicted alternatively or cumulatively.
(3) Without prejudice to subsections (1) and (2) of this section and to section 39, the use of the word “penalty” in a section or other division of any written law shall be deemed to prescribed that a contravention of the section or other division in which the word appears is an offence punishable by penalties not exceeding those specified immediately after the word “penalty”.
Penalties prescribed to be maximum penalties.
39. Whenever, in or by virtue of any written law, a penalty, whetherof imprisonment or fine, is prescribed for an offence the same shall imply—
(a) that such offence shall be punishable upon conviction by a penaltynot exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence shall,without prejudice to any provision of law against excessive and unreasonablefines and assessments, be punishable by a fine of any amount.
Disposal of fines and penalties.
40. Any fine or penalty imposed by or under the authority of anywritten law shall be paid into the Consolidated Fund.
Disposal of forfeits.
41. Whenever, under any written law, any movable property is adjudgedby any court or other authority to be forfeited, it shall be forfeited to theGovernment, and the net proceeds thereof, if it is ordered by competentauthority to be sold, shall be paid into the Consolidated Fund.
PART VII
MISCELLANEOUS
Power of His Majesty to appoint public officer as such to serve on Boardand to appoint chairman.
42. Whenever, under the provisions of any written law, power is given to His Majesty or to any public officer to appoint any person or persons to be a chairman or member of any board, commission, committee or similar body, it shall be lawful for His Majesty or such public officer, as the case may be, so to appoint, by his official designation, any public officer; and, on such appointment and until such appointment shall be cancelled or otherwise determined, the person for the time being filling the office in question shall be the chairman or a member of such board, commission, committee or similar body.
Evidence of signature of Attorney General or any public officer tofiat.
43. Whenever the fiat, authorisation or sanction of the AttorneyGeneral or any public officer is necessary before any prosecution or action is commenced, or for any purpose whatsoever in connection with any proceeding, any document purporting to bear the fiat, authorisation or sanction of the Attorney General or such public officer, as the case may be,shall, until the contrary is proved, be received as evidence in any proceedingwithout proof being given that the signature to such fiat, authorisation orsanction is that of the Attorney General or such public officer.
Ex-officio proceedings not to abate on death etc.
44. Any civil or criminal proceedings taken by or against any personin virtue of his office shall not be discontinued or abated by his death, resignation or absence or removal from office, but may be carried on byor against, as the case may be, the person appointed to perform the duties ofthe office.
Gazette to be evidence of matters therein.
45. All printed copies of the Gazette , purporting to be published by authority and to be printed by the Government Printer, shall beadmitted in evidence by all courts, and in all legal proceedings whatsoever,without any proof being given that such copies were so published and printed,and shall, until the contrary is proved be taken and accepted as evidence of the Proclamations, regulations, orders, appointments, notices and other publications therein printed, and of the matters and things contained or necessarily implied in any of them.
46. (Repealed).
[S 4/97]
Act for which payment is required need not be performed till payment bemade.
47. (1) Whenever any person, public officer, public department orpublic body is required to do anything for which a fee is to be paid or a chargemade under any written law, such person, officer, responsible officer of thepublic department or public body may decline to do that thing until the fee ispaid or payment be made, and, where the precise amount of the payment to be madecannot be ascertained until the thing is done, until there be paid such anamount as may be estimated to be the correct amount by the person, officer,responsible officer of the department or public body required to do thatthing.
(2) Whenever a thing has been done for which an estimated amount shall havebeen paid, such amount shall be adjusted to the correct amount, either by meansof a further payment or by a refund of the amount overpaid.
Reduction, variation remission and application of fees andcharges.
48. Any fee or charge by or under any written law made payable to theGovernment or to any public body or public officer, not being a fee or chargewhich is regulated by rules of court —
(a) may be reduced or varied by order of His Majesty in Council:
Provided that any variation thereof shall not exceed the original figure;
(b) may, in any particular case and on any special ground, be remittedor refunded, in whole or in part, by His Majesty in Council.
Citation of Imperial statutes.
49. When any Act of Parliament is referred to, it shall be sufficientfor all purposes to cite the same by the short title cited therein, or by theshort title given thereto by the Short Titles Act 1896.
Modification of Acts and Orders in Council extended or applied to Brunei Darussalam.
50. (1) Whenever, by any written law, an Act of Parliament or Order in Council has been, or is hereafter, applied to Brunei Darussalam, including any statute of general application which applies by virtue of the Application of Laws Act (Chapter 2), it shall be lawful for His Majesty in Council, by regulations not inconsistent with any such written law, to provide for such modifications, as to names, localities, courts, officers, persons, moneys, penalties and otherwise, as may be necessary to make it applicable to the circumstances of Brunei Darussalam; and, if no such regulations are made or if there is any respect in which such regulations are silent, such Act or Order in Council shall nevertheless be deemed to apply with such modifications as may be necessary to make it applicable to the circumstances of Brunei Darussalam.
(2) Without prejudice to subsection (1), in any case in which astatute of general application applies to Brunei Darussalam by virtue of theApplication of Laws Act (Chapter 2), a reference to a sum of money, or partthereof, in pounds sterling shall be deemed to refer to 10 times the equivalentnumber of dollars, and a reference to a sum of money, or part thereof, inmultiples of 5 new pence shall be deemed to refer to half the equivalent numberof dollars.
(3) For the purpose of subsection (2), “dollar” means thecurrency so designated which is legal tender in Brunei Darussalam by virtue ofthe Currency Act (Chapter 32).
Construction of references in written law to Acts of Parliament and Orders in Council and legislation enacted thereunder.
51. (1) A reference in any written law or in any instrumentthereunder to an Act of Parliament or an Order in Council shall include areference to the same, as the same may from time to time be amended, and to anyAct of Parliament or Order in Council re-enacting, with or without modification,the provisions of such Act of Parliament or Order in Council.
(2) Subsection (1) shall have effect, in relation to regulations, rules or other provisions having legislative effect by virtue of any Act ofParliament or Order in Council, as it has effect in relation to such Act orOrder in Council.
SCHEDULE
(Section 38(1))
Sections 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 354, 376, 384,
385, 386, 387, 388, 389, 392, 393, 394, 395, 397, 398, 399, 400, 401,402,
426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 437, 439, 440 and 511 ofthe Penal Code (Chapter 22).
[S 7/89; S 47/89]
Section 29 of the Misuse of Drugs Act (Chapter 27).
[S 47/89]
Section 2 of the Unlawful Carnal Knowledge Act (Chapter 29).
[S 47/89]
Abetment of any offence included for the time being in this Schedule.
[S 47/89]
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