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LAWS OF BRUNEI
CHAPTER 133
INTERNAL SECURITY ACT
13 of 1982
1984 Ed. Cap. 133
Amended by
S 9/91
S 17/95
S 4/96
GN 274/02
REVISED EDITION 2002
(30th November 2002)
Section
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
PART II
GENERAL PROVISIONS RELATING TO INTERNAL SECURITY
Chapter I
Powers of Preventive Detention
3. Power to order detention.
4. Detention order may be suspended.
5. Service of detention order.
6. Report of advisory board.
7. Power to summon witnesses.
8. Member of advisory board deemed to be a public servant.
9. Disclosure of information.
10. Power to order removal.
11. Power to order production of detained persons.
12. Saving in respect of prosecution of persons detained.
Chapter II
Control of Entertainments and Exhibitions
13. Power to require information.
14. Power to impose conditions.
15. Promoter etc. to be in attendance at entertainment orexhibition.
16. Power to prohibit certain entertainments or exhibitions.
17. Powers of entry and investigation.
18. Search.
19. Powers of seizure.
20. Powers of closure.
21. Liability of principal for acts of servant.
22. Abetment and penalty.
Chapter III
Other powers for the prevention of subversion
23. Power relating to appointments.
24. Power to close schools or educational institutions.
25. Powers in relation to pupils etc. visiting Brunei Darussalam.
Chapter IV
Miscellaneous
26. Attempts to commit offences and assisting offenders.
27. Abetment and general penalty.
28. Arrest.
29. Enforcement of bonds.
PART III
SPECIAL PROVISIONS RELATING TO SECURITY AREAS
Chapter I
Security Areas
30. Proclamation of security areas.
Chapter II
Powers relating to the preservation of public security
31. Danger areas.
32. Controlled areas.
33. Protected place.
34. Exclusion of persons.
35. Curfew.
36. Power to take possession of land or buildings.
37. Power to order destruction of certain unoccupied buildings.
38. Power to control roads etc.
39. Power to seize rice and other food.
Chapter III
Offences relating to security areas
40. Offences relating to firearms, ammunition and explosives.
41. Consorting with persons carrying or having possession of arms orexplosives.
42. Supplies.
43. Failure to report offences or to give information.
44. Attempt to commit offences and assisting offenders.
45. Abetment and general penalty.
Chapter IV
Powers of Police and others
46. Arrest.
47. Powers of search.
48. Power to dispense with inquests.
49. Medical Officers of security forces to be regarded as medicalofficers for purposes of inquests.
Chapter V
General
50. Compensation.
51. Application of section 94 of the Penal Code.
52. Extension of right of private defence.
Chapter VI
Regulations
53. Power to make regulations.
PART IV
MISCELLANEOUS PROVISIONS
54. Seizability and bailability of offences.
55. Power to detain suspected persons.
56. Use of lethal weapons in effecting arrests.
56A. Power of Director of Internal Security and authorisedpersons.
57. Admission of statements in evidence.
58. Inspection of banker’s books.
59. Disposal of property.
60. Jurisdiction of Court of a Magistrate.
61. Restriction on prosecution.
62. Publicity of orders.
63. Saving.
64. Application of section 36 of the Interpretation and General Clauses Act.
65. Amendment of Schedules.
66. Transitional provisions.
SCHEDULE 1 — ESSENTIAL SERVICES
SCHEDULE 2 — SPECIFIED LAWS — FORCIBLE ARREST OFSUSPECT
SCHEDULE 2A — SPECIFIED LAWS
SCHEDULE 3 — SPECIFIED LAWS — ADMISSION OF STATEMENTS ANDINSPECTION OF BANKERS’ BOOK
_______________________
INTERNAL SECURITY ACT
An Act to provide for the internal security of Brunei Darussalam, preventive detention, the prevention of subversion, the suppression of organised violence against persons and property in specific areas of Brunei Darussalam, and for matters incidental thereto
Commencement: 1st April 1983
[S 9/83]
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Internal Security Act.
Interpretation.
2. In this Act, unless the context otherwise requires —
“advisory board” means an advisory board constituted undersection 5(3);
“ammunition” means ammunition for any firearm as hereafterdefined and includes grenades, bombs and other like missiles whether capable of use with such firearm or not and any ammunition containing ordesigned or adapted to contain any noxious liquid, gas or other thing;
“Commissioner of Police” includes a Deputy Commissioner of Policeand any gazetted police officer for the time being lawfully authorised to exercise the powers and perform the duties conferred or imposed upon theCommissioner of Police by this Act;
“controlled area” means any area declared to be a controlled areaunder section 32;
“danger area” means any area declared to be a danger area undersection 31;
“document” includes any substance on which is recorded anymatter, whether by letters, figures, marks, pictorial or otherrepresentation, or by more than one of these means;
“entertainment” means any game, sport, diversion, concert oramusement of any kind to which the public has or is intended to have access andin which members of the public may or may not take part, whether on payment orotherwise;
“exhibition” includes every display of goods, books, pictures,films or articles to which the public has or is intended to have access, whetheron payment or otherwise;
“explosive” —
(a) means gunpowder, nitroglycerine, dynamite gun cotton, blastingpowder, fulminate of mercury or of other metals, coloured fires and every othersubstance, whether similar to those above-mentioned or not, used or manufactured with a view to produce a practical effect by explosion or apyrotechnic effect; and
(b) includes fog-signals, fireworks, fuses, rockets, percussioncaps, detonators, cartridges, ammunition of all descriptions and every adaption or preparation of an explosive as above defined; and
(c) includes any material for making any explosive and any apparatus,machine, implement or material used or intended to be used or adapted forcausing or aiding in causing any explosion in or with any explosive, and anypart of any such apparatus, machine or implement;
“firearm” means any lethal barrelled weapon of any descriptionfrom which any shot, bullet or other missile can be discharged or which can beadapted for the discharge of any such shot, bullet or other missile and anyweapon of whatever description designed or adapted for the discharge of anynoxious liquid, gas or other thing, and includes any component part of any suchweapon as aforesaid;
“offence against this Act” includes an offence against any regulations made under section 53;
“officer commanding a Police District” means the officerappointed to perform the duties of that office and when such officer is unablethrough absence, illness or otherwise to perform his duties, means the policeofficer present and acting in the Police District who is next in rank below suchofficer appointed as aforesaid;
“police force” has the same meaning as in the Royal Brunei Police Force Act (Chapter 50), and includes—
(a) the Brunei Volunteer Police Force, or any part thereof, when onactive service; and
(b) any auxiliary or special police force constituted under anywritten law for the time being in force, or any part of any such force, when onactive service;
“police officer” means any member of the police force;
“prison officer” has the same meaning as in the Prisons Act (Chapter 51);
“promoter” in the case of an entertainment or exhibitionpromoted by a society, includes the secretary and officials of such society and,in the case of a society organised or having its headquarters outside BruneiDarussalam, the officials in Brunei Darussalam of such society;
“proprietor” includes the owner, tenant or other person in possession or control of premises and any person who receives payment for theuse of premises;
“protected place” means any place or premises in relation towhich an order made under section 33 is in force;
“public place” includes any highway, public street, public road,public park or garden, any sea beach, river, waterway, public bridge, lane,footway, square, court, alley or passage, whether a thoroughfare or not, anyunalienated land, any theatre or place of public entertainment of any kind orother place of general resort admission to which is obtained by payment or to which the public have access, and any open space (whether enclosed orunenclosed) to which for the time being the public have or are permitted to haveaccess, whether on payment or otherwise;
“public road” means any public highway or any road over which thepublic have a right of way or are granted access, and includes every road,street, bridge, passage, footway or square over which the public have a right ofway or are granted access;
“security area” means any area in respect of which a proclamation under section 30 is for the time being in force;
“security force” means the police force, the Royal Brunei ArmedForces, any other armed force for the time being of BruneiDarussalam, or any visiting force present for the time being in BruneiDarussalam by virtue of any written law or by virtue of any lawful arrangement made by or on behalf of Brunei Darussalam;
“supplies” includes ammunition, explosives, firearms, money,food, drink, clothing, medicines, drugs or any other stores,instruments, commodities, articles or things whatsoever;
“terrorist” means any person who —
(a) by the use of any firearm, explosive or ammunition acts in a manner prejudicial to the public safety or to the maintenanceof public order or incites to violence or counsels disobedience to the law or toany lawful order;
(b) carries or has in his possession or under his control anyfirearm, ammunition or explosive without lawful authority therefor; or
(c) demands, collects or receives any supplies for the use of anyperson who intends or is about to act, or has recently acted, in a mannerprejudicial to public safety or the maintenance of public order.
(2) Any reference in this Act to a vehicle (however described),vessel or aircraft shall not include any vehicle, vessel or aircraft for thetime being employed for the purposes of any security force.
PART II
GENERAL PROVISIONS RELATING TO INTERNAL SECURITY
Chapter I
Powers of Preventive Detention
Power to order detention.
3. (1) If His Majesty the Sultan and Yang Di-Pertuan is satisfiedwith respect to any person that, with a view to preventing that person fromacting in any manner prejudicial to the security of Brunei Darussalam or anypart thereof or to the maintenance of public order or essential servicestherein, it is necessary to do so, the Minister* shall make an order —
(a) directing that such person be detained for any period notexceeding 2 years; or
(b) for all or any of the following purposes, that is to say—
(i) for imposing upon that person such restrictions as may be specified inthe order in respect of his activities and the places of his residence andemployment;
(ii) for prohibiting him from being out of doors between such hours as maybe specified in the order, except under the authority of a written permitgranted by such authority or person as may be so specified;
(iii) for requiring him to notify his movements in such manner atsuch times and to such authority or person as may be specified in the order;
(iv) for prohibiting him from addressing public meetings or from holdingoffice in, or taking part in the activities of or acting as adviser to anyorganisation or association, or from taking part in any politicalactivities;
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
(v) for prohibiting him from travelling beyond the limits of BruneiDarussalam or any part thereof specified in the order except in accordance withpermission given to him by such authority or person as may be specified in suchorder,
and any order made under paragraph (b) shall be for such period, not exceeding 2 years, as may be specified therein, and may by suchorder be required to be supported by a bond.
(2) The Minister* may, with the approval of His Majesty, direct that theperiod of any order made under subsection (1) be extended for a further periodor periods not exceeding 2 years at a time.
(3) For the purposes of subsection (1) “essential services”means any service, business, trade, undertaking, manufacture or calling includedin Schedule 1.
(4) Every person detained in pursuance of an order made under subsection (1) (a) or of a direction given under subsection (2) shall be detained in such place as the Minister* may direct (hereinafter referred to as “a place of detention”) and in accordance with instructions issued by the Minister* and any rules made under subsection (5).
(5) His Majesty may by rules provide for the maintenance andmanagement of any place of detention and for the discipline of persons detainedtherein.
(6) Without prejudice to the generality of subsection (5) andnotwithstanding anything in any other written law, rules made undersubsection (5) may provide —
(a) for the appointment by His Majesty the Sultan and Yang Di-Pertuan of the Director of Places of Detention in BruneiDarussalam, Deputy Director and so many Superintendents and subordinate officersfor such places of detention as His Majesty may consider necessary;
[S 4/96]
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
(b) for the appointment by the Director-General of HealthServices of a medical officer and a dental officer for each place ofdetention;
[GN 274/02]
(c) for the functions and conditions of service of such officers;
(d) that all or any of such officers shall be deemed to be publicservants within the meaning of the Penal Code (Chapter 22);
(e) for and regulate the use of any firearm or any other weapon by anysuch officer;
(f) that any Superintendent may make and issue orders to be called“Standing Orders”, not inconsistent with this Act and such rules,regulating the discipline and administration of any place of detention;
(g) that a contravention of any such rule by any subordinate officershall be an offence punishable by any one or more of the following penalties—
(i) reprimand or severe reprimand;
(ii) reduction in rank;
(iii) dismissal or summary dismissal;
(iv) forfeiture of pay or of arrears of pay;
(v) extra duties or drills;
(vi) payment of compensation in respect of Government property destroyed,lost or damaged;
(h) that any Superintendent may impose any one or more of thepenalties specified in paragraph (g) upon any subordinate officerguilty of a contravention of any such rule where such contravention makes suchsubordinate officer liable under such rules to such one or more penalties;
(i) for an appeal by any such subordinate officer to theMinister* against any penalty imposed on him by a Superintendent under any suchrules made under paragraphs (g) and (h) , and may authorise theMinister* to reduce or confirm such penalty;
(j) that, where it appears to any Superintendent that an allegedoffence ordinarily punishable with any one or more penalties within hiscompetence under rules made under paragraphs (g) and (h) is ofsuch a character as to require a more severe punishment than he is empowered toimpose under such rules, such Superintendent may direct that the subordinateofficer accused of the offence be charged before a Court of a Magistrate.
(k) that a Court of a Magistrate shall have jurisdiction to try anysubordinate officer charged before the court pursuant to any rule madeunder paragraph (j) , and that any such subordinate officer who isconvicted by the court pursuant to such rule and any rule made under thisparagraph shall be liable to be sentenced by the court to any one or more of thefollowing penalties —
(i) imprisonment for a term not exceeding 6 months;
(ii) a fine not exceeding $1,000; and
(iii) in respect of any Government property destroyed, lost or damaged,payment of compensation which shall be summarily ascertained by the court andrecoverable as if it were a fine;
(l) that any subordinate officer who is convicted by a Court of aMagistrate of an offence under such rules shall (in addition to any penaltyimposed by the court) be dismissed from his office by a Superintendent and thatSuperintendent may order that all arrears of pay due to such subordinate officershall be forfeited by him;
(m) that a contravention of any rule by any detained person shall be an offence punishable by any one or more of the following penalties—
(i) reprimand or severe reprimand;
(ii) loss of any dietary or other privilege for any period;
(iii) confinement in a punishment cell for a term not exceeding 90days;
(iv) any such other penalty (not being corporal punishment)as may be specified in any such rules;
(n) that any Superintendent may impose any one or more of thepenalties specified in paragraph (m) upon any detained person foundafter due enquiry to be guilty of an offence under any such rule where suchcontravention makes such detained person liable under such rules to such one ormore penalties;
(o) that a contravention of any such rule by any person shall bepunishable on conviction before a Court of a Magistrate by imprisonmentfor 2 years and a fine of $2,000, and that if the offender is an officerappointed under or by virtue of such rules he shall (in addition to any penalty imposed by the court in respect of such conviction) be liable tobe dismissed from his office and to forfeit all arrears of pay;
(p) for the keeping and maintenance of books, records andjournals in and for places of detention;
(q) for the regulation of the diet of detained persons;
(r) for visitors to and complaints and petitions from detainedpersons;
(s) for the retention and care of movable property of detainedpersons;
(t) for the searching of detained persons, visitors to detainedpersons and subordinate officers, and that no woman shall be searchedexcept by a female officer;
(u) for the work, pay and privileges of detained persons;
(v) that a detained person who escapes from a place of detention orfrom any other custody may be retaken in the same manner as a person convictedof a crime against any written law may be retaken on an escape;
(w) for the regular medical inspection of places of detention anddetained persons and for the care, custody and treatment of sick and mentallyill detained persons;
(x) for the appointment by the Minister* of any 2 or more persons toconstitute a Board of Inspection for any place of detention and for thefunctions of such Board;
(y) for the inspection and disposal of all letters, parcels or otherarticles delivered to a place of detention for a detained person;
(z) for the disposal of any pay of any officer forfeited under suchrules;
(aa) for the continuance in office under such rules of any officer orBoard of Inspection appointed in respect of any place of detention under any law relating to any place of detention and in force immediately before the commencement of this Act, and the continuance in forceunder such rules of any Standing Orders or other instrument in force, and made under any such law in force, immediately before such commencement;and
(bb) for such other matters as His Majesty may consider expedient for the maintenance and management of any place of detention and for the discipline of persons detained therein.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Detention order may be suspended.
4. At any time after an order has been made under section3(1) (a) or after such an order has been extended by a direction undersection 3(2) in respect of any person the Minister* may direct that theoperation of such order be suspended subject to the execution of a bondand to such conditions —
(a) imposing upon that person such restrictions as may bespecified in the direction in respect of his activities and the places of hisresidence and employment;
(b) prohibiting him from being out of doors between such hours as maybe so specified, except under the authority of a written permit granted by suchauthority or person as may be so specified;
(c) requiring him to notify his movements in such manner at such times and to such authority or person as may be so specified;
(d) prohibiting him from travelling beyond the limits of BruneiDarussalam or any part thereof specified in the direction except inaccordance with permission given to him by such authority or person as may be sospecified;
(e) prohibiting him from addressing public meetings or from holdingoffice in, or taking part in the activities of or acting as adviser to anyorganisation or association, or from taking part in any politicalactivities;
(f) permitting him to return to the country to which he belongs or toany other place to which he wishes to proceed provided that the Government ofsuch place consents to receive him,
as the Minister* sees fit; and the Minister* may revoke any such directions if he is satisfied that the person against whom the order was made has failed to observe any condition so imposed or that it is necessary in the public interest that such direction should be revoked.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Service of detention order.
5. (1) A copy of every order made by the Minister* under section
3(1) (a) shall as soon as may be after the making thereof be served onthe person to whom it relates.
(2) For the purposes of this Chapter there shall be one or more advisoryboards consisting in each case of a Chairman and not less than 3 other members appointed by His Majesty, the Chairman and 2 other members of a boardshall constitute a quorum.
(3) In addition to the Chairman, His Majesty may appoint a Deputy Chairmanwho shall preside over a board at any time when the Chairman is unable to doso.
(4) The functions of any such advisory board shall be to enquire when directed by His Majesty into the grounds on which a person has been detained under this Act and after making such enquiry in compliance with such direction to advise whether and under what conditions the order made by the Minister* under section 3 (including any order extended with the approval of His Majesty under section 3(2)) shall be cancelled or suspended.
(5) All questions before a board shall be determined by a majority of the votes of the presiding Chairman or Deputy Chairman, as the case may be, and of any other members present and voting. In the case of an equality of votes the Chairman or Deputy Chairman, as the case may be, shall have a casting vote.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Report of advisory board.
6. (1) Whenever His Majstey has directed an advisory board undersection 5(4) to enquire into the grounds on which a person has been detainedunder this Act, the advisory board shall within 3 months of the date of suchdirection or within such period as my be specified in such direction and aftermaking such enquiry in compliance with such direction make recommendations thereon to His Majesty.
(2) Upon considering the recommendations of the advisory board under this section His Majesty may give the Minister* such directions, if any, as he thinks fit regarding the order made by the Minister*; and every decision of His Majesty thereon shall, be final, and shall not be subject to appeal to or review in any court.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Power to summon witnesses.
7. Every advisory board shall, for the purposes of this Act, butwithout prejudice to section 9, have all the powers of a court for the summoningand examination of witnesses, the administration of oaths or affirmations, andfor compelling the production of documents.
Member of advisory board deemed to be a public servant.
8. Every member of an advisory board shall be deemed to be a public servant within the meaning of the Penal Code (Chapter 22), and shall have in case of any action or suit brought against him for any act done or omitted to be done in the execution of his duty under this Chapter the like protection and privileges as are by law given to a judge in the execution of his office.
Disclosure of information.
9. Nothing in this Chapter or in any rules made thereunder shallrequire the Minister or any member of an advisory board or any public servant todisclose facts or to produce documents whose disclosure or production heconsiders to be against the national interest.
Power to order removal.
10. (1) The Minister* may by order direct the removal from any placeof detention to another place of detention to be specified in such order of anyperson detained to be specified in such order of any person detained inpursuance of the provisions of this Chapter.
(2) Any person in course of removal under subsection (1) shall be deemed to be in lawful custody.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
Power to order production of detained persons.
11. (1) Notwithstanding any order of any court or other authority whatsoever, on proof to his satisfaction that the presence at anyplace of any person detained under this Chapter or lawfully in the custody ofthe police or confined in any prison whether under this Chapter or under anorder of any court or otherwise howsoever, is required —
(a) in the interests of justice;
(b) for the purpose of any public or other inquiry;
(c) in the national interests; or
(d) in the interests of the person so detained, in custody orconfined,
the Minister* may order that such person be taken to that place.
(2) Any person in course of being taken to any place under subsection (1) and while at such place shall be kept in such custody as the Minister* may direct and while in that custody shall be deemed to be in lawful custody.
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Saving in respect of prosecution of persons detained.
12. The detention of any person under this Chapter shall be withoutprejudice to the taking of any criminal proceeding against such person, whether during or after the period of his detention.
Chapter II
Control of Entertainments and Exhibitions
Power to require information.
13. (1) The promoter and every person concerned in the promotion ofany entertainment or exhibition and the proprietor of any premises upon whichany such entertainment or exhibition is held or is intended to be held shall,upon receiving the order in writing of the Minister* or of any officerauthorised by the Minister* in that behalf, furnish to the Minister* or suchofficer such information as he may specify relating to the followingmatters —
(a) particulars of persons concerned in the promotion of suchentertainment or exhibition and the interests represented by suchpersons;
(b) particulars of the persons who have agreed to participate orparticipated in such entertainment or exhibition or have been invited to do soand the interests represented by such persons;
(c) the purposes of which any profits from the entertainment orexhibition are intended to be or have been applied; and
(d) such other matters as the Minister* may direct.
(2) Any person furnishing as true information required undersubsection (1) which he knows or has reason to believe to be false or incomplete shall be guilty of an offence under section 22.
(3) If any entertainment or exhibition in respect of whichinformation has been furnished under subsection (1) is conducted in any mannercontrary to the information so furnished the person by whom such information wasfurnished shall be guilty of an offence under section 22.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Power to impose conditions.
14. (1) The Minister* may, if he is satisfied that it is necessaryto do so in order to ensure that any entertainment or exhibition shall not be an entertainment or exhibition to which section 16 would apply, byorder in writing require the promoter and every person concerned in thepromotion of the entertainment or exhibition and the proprietor of any premisesupon which any such entertainment or exhibition is held or is intended to beheld to observe such conditions relating to the holding of such entertainment orexhibition as he may specify.
(2) Every person who commits any breach of or fails to comply with anycondition imposed under subsection (1) shall be guilty of an offence undersection 22:
Provided that no person shall be convicted of an offence under this sectionif he proves that the breach of or failure to comply with any condition inrespect of which he is charged was done without his authority, consent andknowledge, and without any want of due care or caution on his part.
(3) The Minister* may, if in any particular case he thinks it necessary, require any person in respect of whom an order under subsection (1) has been made to enter into a bond, with or without sureties, in such sum as the Minister may direct, that the conditions contained in such order shall be observed.
Promoter etc. to be in attendance at entertainment or exhibition.
15. (1) The promoter and every person concerned in the promotion of any entertainment or exhibition which is the subject of an order under section 14 and the proprietor of any premises upon which any such entertainment or exhibition is held shall severally, and either personally or by a duty authorised agent approved in that behalf by a police officer not below the rank of inspector, be present throughout the period of every performance or display of every such entertainment or exhibition.
(2) The Minister* may by writing exempt any person eitherabsolutely or subject to such conditions as the Minister* may prescribe from theprovisions of subsection (1).
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Power to prohibit certain entertainments or exhibitions.
16. (1) The Minister* may by order prohibit the holding of or maydirect the closing of any entertainment or exhibition if —
(a) he is satisfied that such entertainment or exhibition is or islikely to be in any way detrimental to the national interest; or
(b) there has been in respect of such entertainment or exhibition anyrefusal of or failure to furnish any information required to be furnished undersection 13, or if any information so furnished is false or incomplete; or
(c) there has been in respect of such entertainment or exhibition anybreach of or failure to comply with any condition imposed under section 14.
(2) The promoter and every person concerned in the promotion of any entertainment or exhibition which is held or continued in contravention of an order under subsection (1) and the proprietor of any premises upon which such exhibition is held shall be guilty of an offence under section 22: Provided that no person shall be convicted of an offence under this section if he proves that the entertainment or exhibition in respect of which he is charged was promoted or continued without his authority, consent and knowledge and without any want of due care or caution on his part.
Powers of entry and investigation.
17. (1) Any police officer not below the rank of inspector or anyperson authorised by the Minister* in writing in that behalf may without warrantenter any premises upon which any entertainment or exhibition is being held oris intended to be held with a view to ascertaining whether the provisions ofthis Chapter or of any order made thereunder are being complied with, and maymake such investigation and inspection of such premises and call upon any person to produce such articles, books, accounts, tickets or otherdocuments or things and to furnish any information as such officer or person mayconsider necessary for such purpose:
Provided that any person not in uniform purporting to exercise any powers under this paragraph shall on demand produce his written authority to exercise such powers to any person lawfully demanding the same.
(2) Any person who —
(a) obstructs any officer or authorised person lawfullyexercising any powers conferred on him by or under subsection (1) in entering or inspecting any premises or delays in producing any articles, books,accounts, tickets or other documents or things which he has been called uponby such officer or authorised person to produce and which are or ought tobe in the ordinary course of business in his power to produce;
(b) refuses to furnish any information which he may be required tofurnish by such officer or authorised person or who, being required to furnishinformation by such officer or authorised person, furnishes false or misleadinginformation; or
(c) obstructs the seizure of any document or other thing under section19, or the closure of any entertainment or exhibition under section 20,
shall be guilty of an offence under section 22.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Search.
18. (1) Any officer or person authorised to exercise the powers ofentry or investigation under section 17 may, without warrant and with or withoutassistance, enter any premises if he considers it to be necessary and has reasonto believe that an offence under this Chapter or any order made thereunder hasbeen committed, and may search such place and any person whom he reasonably believes to be concerned in the management or promotion of anyentertainment or exhibition or to be a servant or agent of the promoter or ofthe proprietor of such premises.
(2) No woman shall be searched under this section except by a woman.
Powers of seizure.
19. Any officer or person authorised to exercise the powers of entry or investigation under section 17 may seize any document or other thing in respect of which he reasonably believes an offence to have been committed under this Chapter or any order made thereunder or which he reasonably believes to be or to contain evidence relating to such an offence:
Provided that nothing in this section shall be deemed to affect the powers of a police officer under the provisions of the Criminal Procedure Code (Chapter 7).
Powers of closure.
20. Any officer or person authorised to exercise the powers of entryor investigation under section 17 may, without prejudice to the exercise of thepowers conferred on him by that section, forthwith take such steps as he mayconsider necessary to close any entertainment or exhibition which he issatisfied is kept open in contravention of any order under section 14 or 16.
Liability of principal for acts of servant.
21. For the purposes of this Chapter and any order made thereunderevery person shall be liable for every act, omission, neglect or default of anyagent or servant employed by him, as fully and effectually as if such act,omission, neglect or default were done or committed by such person; but so thatnothing in this section shall effect the liability of such agent or servant, andprovided that the liability of a principal shall not extend to imprisonment ifhe proves that he was not privy to the offence.
Abetment and penalty.
22. Any person who contravenes or fails to comply with any provisionof this Chapter or any order made or any condition imposed thereunder, or abetssuch contravention or failure, shall be guilty of an offence: Penalty,imprisonment for 5 years and a fine of $30,000.
[S 9/91]
Chapter III
Other powers for the prevention of subversion
Power relating to appointments.
23. (1) In this section —
“appointing authority” means in relation to an appointment of anyperson, body or authority authorised under any written law to make that appointment, but does not include His Majesty in Council or theMinister;
“appointment” means in relation to an appointing authority anyappointment which that appointing authority is authorised to make underany written law; and
“controlled appointment” means an appointment which is for thetime being subject to an order made under subsection (2).
(2) Notwithstanding anything to the the contrary in any other written law,the Minister* may by order require any appointing authority to comply with thissection in relation to any appointment.
(3) Before exercising any authority to recruit any person for or make anycontrolled appointment the appointing authority shall —
(a) submit to the Minister* —
(i) a list of the names of the persons from whom such appointment is intendedto be made by the appointing authority; and
(ii) such other information as the Minister* may require;
and
(b) apply for and obtain the written approval of the Minister* inrespect of the recruitment and appointment of the person selected by theappointing authority for such recruitment and appointment.
(4) The Minister* shall give his approval under subsection (3) (b) unless he is of the opinion that the appointment to the controlledappointment in question of the person selected by the appointing authority wouldbe prejudicial to the interests of Brunei Darussalam.
(5) A decision of the Minister* to give or refuse his approval undersubsections (3) (b) and (4) shall be final and shall not be subject toappeal to or review in any court.
(6) No purported recruitment or puported appointment of any person shall be valid for any purpose if the prior approval of the Minister* has not been obtained under subsections (3) (b) and (4) in respect of that person.
(7) No person who receives, or acquires any knowledge of any part of thecontents of, any communication from the Minister under subsection
(3) (b) or (4) shall make any disclosure, otherwise than in the course of the his official duty, to any other person in relating to that communication.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Power to close schools or educational institutions.
24. (1) In this section —
“school” means —
(a) a place where 10 or more persons are or are habituallytaught, whether in one or more classes; or
(b) in the case of a correspondance school, the place or places whereinstruction is prepared or where answers are examined or corrected,
but does not include any place where the teaching is of a purely religiouscharacter, or for a purely religious purpose;
“educational institution” means any place (including a school)where, in the carrying on of the work of any organisation or institution,persons are or are habitually taught, whether in one or more classes, but doesnot include any place where the teaching is of a purely religious character, or for a purely religious purpose.
(2) The Minister*, if he is satisfied at any time that a school oreducational institution is being used —
(a) for a purpose detrimental to the interests of Brunei Darussalam or of the public; or
(b) for purpose of instruction detrimental to the interests of thepublic or of the pupils; or
(c) as a meeting-place of an unlawful society,
and that the circumstances so require, may make an order closing such schoolor educational institution for such period, not exceeding 6 months at any onetime, as may be specified in the order.
(3) The managers or governors of any school or educationalinstitution, aggrieved by any order made under subsection (2), may within onemonth of the date of the order make an objection against such order to HisMajesty whose decision thereon shall be final and shall not be subject to appealto or review in any court.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Powers in relation to pupils etc. visiting Brunei Darussalam.
25. (1) The Minister* may from time to time by order in writingforbid, except in accordance with the written permission under subsection (2)—
(a) the pupils, students, teachers or members; or
(b) any class of pupils, students, teachers or members; or
(c) any named pupil, student, teacher and member,
of any school, college, educational institution or student’s union or association, as the case may be, specified in the order and situated or established outside Brunei Darussalam to enter into or travel within Brunei Darussalam as a group, or as one of a group of 5 or moresuch pupils, students, teachers, or members, or, for the purpose affecting asone of a group of such persons some common object within Brunei Darussalam, orotherwise to enter into or travel therein.
(2) The Commissioner of Police may in accordance with the written permission of the Minister* grant permissions under subsection (1) subject to such conditions (if any) as he may think fit to impose, and he may further require as a condition precedent thereto that a pupil, student, teacher or member to whom he proposes to grant such permission or the parent of a pupil, student or member or such other person as the Commissioner of Police thinks satisfactory, shall furnish such security by bond or otherwise as the Commissioner of Police may think sufficient to secure the due observance and fulfilment of the conditions imposed.
(3) Where the Commissioner of Police has reason to believe —
(a) that any person —
(i) is a pupil, student, teacher or member affected by an order made undersubsection (1); and
(ii) has entered Brunei Darussalam from a place outside and has not since the date of such entry continuously remained in Brunei Darussalam for a period exceeding 3 months; and
(iii) is not the holder of a valid identity card which bears an address inBrunei Darussalam and has been issued to him in Brunei Darussalam in accordance with the provisions of any written law for the time being in forcerelating to identify cards; and
(iv) has contravened or intends to contravene the provisions ofany such order; or
(b) that any person having obtained written permission undersubsection (1) has failed to observe any condition imposed upon him undersubsection (2) in respect of such permission,
the Commissioner of Police may by order in writing —
(c) direct that such person be required to leave Brunei Darussalam within such time as may be specified in the order andthereafter remain out of Brunei Darussalam for a period of 6 months from thedate of the service of the order upon him, or for such lesser period as theCommissioner of Police may specify in the order; or
(d) direct that such person be taken into custody and, asspeedily as may be, removed from Brunei Darussalam, and that such person maylawfully be detained for so long as may be necessary for his removal to take effect and that he shall remain out of Brunei Darussalam for a period of6 months from the date of his removal pursuant to the order.
(4) Any person who contravenes or fails to obey the provisions of any ordermade under this section or who commits a breach of any condition imposed undersubsection (2) shall be guilty of an offence against this Part.
(5) The provisions of this section shall not operate to authorise the removal from Brunei Darussalam of any person who is a Bruneian ordinarily resident in Brunei Darussalam.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Chapter IV
Miscellaneous
Attempts to commit offences and assisting offenders.
26. (1) Without prejudice to the operation of Chapter V and XXIII ofthe Penal Code (Chapter 22), any person who attempts to commit, or does any actpreparatory to the the commission of an offence against this Part shall bedeemed to be guilty of that offence against this Part.
(2) No person, knowing or having reasonable cause to believe that anotherperson has committed an offence against this Part, shall give that other personany assistance with intent thereby to prevent, hinder or interfere with theapprehension, trial or punishment of that person for that offence.
Abetment and general penalty.
27. Any person who contravenes or fails to comply with any provisionof this Part or any order made or any direction or instruction given or requirement imposed thereunder or abets such contravention or failure forwhich no special penalty is provided shall be guilty of an offence: Penalty,imprisonment for 3 years and a fine of $10,000.
[S 9/91]
Arrest.
28. Any police officer may without warrant arrest any person found orreasonably suspected of committing or attempting to commit or of procuring orabetting any person to commit an offence against this Part, or suspected ofbeing a person ordered in pursuance of this Part to be detained.
Enforcement of bonds.
29. (1) Where any person is required to enter into a bond under section 3(1) (b) , 4 or 14(3) such bond may be enforced by any magistrate on the application of any police officer not below the rank of inspector, in the same manner as under the provisions of the Criminal Procedure Code (Chapter 7) a Court of a Magistrate may enforce a bond required by such court to be executed under the provisions of that Code.
(2) Nothing in this section shall be deemed to prevent the penalty or any part thereof of any such bond from being recovered on behalf ofGovernment by suit or action in any civil court of competent jurisdiction, fromthe person entering into such bond or from his sureties.
PART III
SPECIAL PROVISIONS RELATING TO SECURITY AREAS
Chapter I
Security Areas
Proclamation of security areas.
30. (1) If in the opinion of His Majesty public security in any areain Brunei Darussalam is seriously disturbed or threatened by reason of anyaction taken or threatened by any substantial body of persons, whether inside oroutside Brunei Darussalam, to cause a substantial number of citizens to fearorganised violence against persons or property, he may, if he considers it to benecessary for the purpose of suppressing such organised violence, proclaim sucharea as a security area for the purposes of this Part.
(2) Every proclamation made under subsection (1) shall apply only to sucharea as is therein specified and shall remain in force until it is cancelled byHis Majesty:
Provided that such cancellation shall be without prejudice to anythingpreviously done by virtue of the proclamation.
(3) A proclamation made under subsection (1) shall be published in suchmanner as the Minister thinks necessary for bringing it to the notice of allpersons who in his opinion ought to have notice thereof and shall have effect assoon as such notice has been given, without publication in the Government Gazette.
(4) A copy of every proclamation made under subsection (1) shall bepublished in the Government Gazette as soon as possible after it has beenmade.
Chapter II
Powers relating to the preservation of public security
Danger areas.
31. (1) The Minister*, if he considers it necessary or expedient inthe public security so to do, may by order declare any area within a securityarea to be a danger area.
(2) The limits and extent of every danger area shall be demarcated at thesite by such means as will, in the opinion of the Minister*, make apparent topersons in or about the area concerned that such area has been declared a dangerarea.
(3) No person shall enter or remain in a danger area, and any person whofails to comply with the provisions of this subsection shall be guilty of anoffence against this Part:
Provided that this subsection shall not apply to a member of any securityforce in the performance of his duty, or to any person accompanied by such amember.
(4) Any member of any security force may within a danger area take suchmeasures, including means dangerous or fatal to human life, as he considersnecessary to ensure that no person prohibited from entering or remaining in adanger area shall enter or remain in such area.
(5) No claim of any kind shall accrue to, or in respect of any injurysustained by, any person as a result of his having entered or remained in adanger area in contravention of subsection (3):
Provided that this subsection shall not preclude the award of compensation under any regulations made under section 53 if, in theparticular circumstances under which the person sustaining the injuryentered or remained in a danger area, the authority empowered to awardcompensation thereunder considers it equitable to award such compensation.
(6) Where any land, building or other immovable property is within a danger area, a claim for compensation in respect of such land, building or other immovable property may be made in the manner prescribed by regulation made under section 53.
(7) Without prejudice to section 62(1), a copy of every order made undersubsection (1) shall be published in the Government Gazette as soon aspossible after it has been made.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Controlled areas.
32. (1) The Minister*, if he considers it expedient in the publicsecurity so to do, may, by order declare any area within a security area to be acontrolled area, and in the same or any subsequent order may declare anyspecified part of such controlled area to be a residential part.
(2) Every such order shall declare —
(a) that after the expiration of a period to be specified in the order(which shall not be less than 7 days from the date thereof) and subject to anyexemption for which provision may be made by the same or by a subsequent orderand to any conditions upon which such exemption may be granted, no person shallreside or continue to reside in any part of a controlled area other than aresidential part; and
(b) that between such hours or at such times as may be specified inthe order and subject to any exemption for which provision may be made by thesame or by a subsequent order and to any conditions upon which such exemptionmay be granted, no person shall enter or remain in any part of the controlledarea other than a residential part.
(3) Any person who contravenes any provision of an order made under thissection shall be guilty of an offence against this Part.
(4) No order under this section shall apply to —
(a) any member of any security force when acting in the course of hisduty; or
(b) any person or class of persons exempted from the provisions of such order by the Commissioner of Police or the officer commanding thePolice District.
(5) Without prejudice to section 62(1), a copy of every order made under subsection (1) shall be published in the Government Gazette as soon as possible after it has been made.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Protected place.
33. (1) If, as respects any place or premises in any security area,it appears to the Commissioner of Police to be necessary or expedient in theinterests of public security or order, or for the maintenance of supplies orservices essential to the life of the community, that special precautions should be taken to prevent the entry of unauthorised persons, he mayby order declare such place or premises to be a protected place for the purposesof this Part; and so long as the order is in force, no person shall, subject toany exemption for which provision may be made in the order, enter or remain in that place or those premises without the permission of such authorityor person as may be specified in the order.
(2) Where, in pursuance of this section, any person is grantedpermission to be in a protected place, that person shall, while acting undersuch permission, comply with such directions for regulating his conduct as maybe given by the Commissioner of Police or by the authority or person grantingthe permission.
(3) Any police officer, or any person authorised in that behalf by theofficer commanding the Police District may search any person entering or seekingto enter, or being in a protected place, and may detain any such person for thepurpose of searching him.
(4) If any person is in a protected place in contravention of this section,or while in such a place, fails to comply with any directions given under thissection, then without prejudice to any proceedings which may be taken againsthim he may be removed from the place by any police officer or any personauthorised in that behalf by the occupier of the premises.
(5) Any person who is in a protected place in contravention of this sectionor who on being challenged by a police officer wilfully fails to stop or whounlawfully refuses to submit to search shall be guilty of an offence againstthis Part.
(6) It shall be lawful for the Commissioner of Police to take or cause to be taken such steps as he may deem necessary for the protection of any protected place, and such steps may extend to the taking of defensive measures which involve or may involve danger to the life of any person entering or attempting to enter the protected place.
(7) Where any measures involving such danger as aforesaid areadopted, the Commissioner of Police shall cause such precautions to be taken,including the prominent display of warning notices, as he deems reasonablynecessary to prevent inadvertent or accidental entry into any protected place,and where such precautions have been duly taken, no person shall be entitled tocompensation or damages in respect of injury received or death caused as aresult of any unauthorised entry into any such protected place.
(8) For the purposes of this section “police officer” shallinclude —
(a) any member of any other security force;
(b) any prison officer;
(c) any other person performing the duties of guard orwatchman in a protected place, the appointment of whom has been either specially or generally authorised by the Commissioner of Police.
(9) No woman shall be searched under this section except by a woman.
Exclusion of persons.
34. The officer commanding a Police District may by order in writingexclude any person or persons from the Police District under his command or fromany part thereof, if such District or part is within a security area.
Curfew.
35. (1) The Commissioner of Police may, by order designate the wholeor part of a security area, as a curfew area.
(2) Every person within a curfew area shall remain within doors, or withinsuch part of the curfew area as may be defined in the order, between such hoursas may be specified in the order, unless in possession of a written permit inthat behalf issued by a police officer of or above the rank of inspector.
(3) No order under this section shall apply to —
(a) any member of a security force when acting in the course of hisduty;
(b) any person or class of persons exempted from the provisions of such order by the Commissioner of Police or the Officer commanding thePolice District.
Power to take possession of land or buildings.
36. (1) The Minister* may if it appears to him to be necessary or expedient so to do in the interests of public security, or for the accommodation of any security force, take possession of any land orof any building or part of a building in any security area and may give such directions as appear to him necessary or expedient in connection withthe taking of possession of that land or building.
(2) Any police officer may take such steps and use such force as appears tohim to be reasonably necessary for securing compliance with directions given toany person under subsection (1).
(3) While any land or building is in the possession of the Minister* byvirtue of this section, the land or building may, notwithstanding anyrestriction imposed on the use thereof (whether by any written law or otherinstrument or otherwise), be used by, or under the authority of, the Minister*for such purpose, and in such manner, as the Minister* thinks expedient in theinterests of public security or for the accommodation of any security force; and the Minister*, so far as appears to him to be necessary orexpedient in connection with the taking of possession or use of the land orbuilding in pursuance of this subsection may —
(a) do, or authorise persons using the land or building asaforesaid to do, in relation to the land or building, anything any person havingan interest in the land or building would be entitled to do by virtue of thatinterest; and
(b) by order provide for prohibiting or restricting the exercise of rights of way over the land or building, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in land or otherwise.
(4) The owner or occupier of any land or building shall, if requested by oron behalf of the Minister* so to do, furnish to such authority or person as maybe specified in the request such information in his possession relating to the land or building (being information which may reasonably be demanded ofhim in connection with the execution of this section) as may be sospecified.
(5) For the purposes of this section there shall be one or moreadvisory committees consisting of persons appointed by the Minister* and anysuch committee may make rules for the conduct of its proceedings.
(6) Any person aggrieved by reason of the taking possession of any land orbuilding under the provisions of this section may within 14 days after suchpossession has been taken give notice of his objection thereto to an advisorycommittee appointed under subsection (5).
(7) The Chairman of an advisory committee to which such notice has beengiven by an aggrieved person shall inform any person on whose behalf possessionof such land or building has been taken, and the advisory committee shallthereupon consider the objection made by the aggrieved person and any groundswhich may be put forward against such objections by the person on whose behalfsuch possession has been taken, and shall forward its recommendations to theMinister*.
(8) The Minister* after considering the recommendations of the advisory committee shall give such directions thereon as he may think fit.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Power to order destruction of certain unoccupied buildings.
37. (1) Where in any security area any building or structureis left unoccupied by reason of the operation of any order made under thisChapter, the officer commanding the Police District in which such building or structure is situated may, if it appears to him to be —
(a) likely that such building or structure will if left standing beused by any person or persons who intend, or are about, to act or have recentlyacted in a manner prejudicial to public security or by any other person who islikely to harbour any such persons; and
(b) impracticable in any other way to prevent such use, destroy or authorise the destruction of such building or structure.
(2) Compensation shall be payable in respect of the destruction of anybuilding or structure under this section if the claimant satisfied the Minister*that —
(a) such building or structure was erected by or with the consent ofthe person lawfully entitled to the land on which the same was erected; and
(b) such building or structure was not liable to forfeiture under anyregulations made under section 53:
Provided that compensation may be paid to the owner or occupier of anybuilding or structure erected by or with the consent of the person lawfully entitled to the land on which it was erected, notwithstanding that suchbuilding or structure is liable to forfeiture under any regulations made under section 53, if such owner or occupier satisfied the Minister* thatthe building or structure was used by persons who intend, or are about, to actor have recently acted, in a manner prejudicial to public security or that suchpersons were being or had been harboured by his servant or agent, as the casemay be, without his knowledge or consent, and that he exercised all duediligence to prevent such building or structure being so used or the harbouringof such persons, as the case may be.
(3) Any compensation payable under this section shall be assessed in accordance with regulations made under section 53.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Power to control roads etc.
38. (1) Any officer commanding a Police District or any person dulyauthorised by any such officer may by order, or by giving directions, or in anyother manner, regulate, restrict, control or prohibit the use of any road orwaterway in any security area by any person or class of persons or any vehicleor vessel or type or description of vehicle or vessel or close any road orwaterway in such area.
(2) Any officer commanding a Police District may, by the issue of permits to which conditions may be attached or in any other manner, regulate,restrict, control or prohibit the travelling by any person or class of personsin any motor car, motor bus or vehicle of any description in any security area,and may similarly regulate, restrict, control or prohibit the travelling by anyperson in any vessel in such area.
* Transferred to the Minister of Home Affairs with effect from 1st January 1984 — [S 10/84]
Power to seize rice and other food.
39. (1) When on duty, any police officer of or above the rank ofcorporal or any member of any other security force of or above the rating orrank of leading rate or non-commissioned officer (as the case may be) or anyperson authorised in writing so to do by the officer commanding the PoliceDistrict may seize any rice or any other article of food in any security areawhich by reason of its quantity or its situation is or is likely to or may become available to any person who intend or are about to act or haverecently acted in a manner prejudicial to public security or to the maintenanceof public order.
(2) Any such police officer or member of any such force as aforesaid maywithout warrant enter and search any premises if he suspects that any rice orany food liable to seizure under this section is likely to be found on suchpremises.
(3) When on duty any police officer or any member of any other securityforce or any person who is authorised in writing so to do by the officercommanding the Police District may stop and search any vehicle, vessel orindividual in any security area, whether in a public place or not, if hesuspects that any rice or any food liable to seizure under this section islikely to be found on such vehicle, vessel or individual.
(4) No woman shall be searched under this section except by a woman.
Chapter III
Offences relating to security areas
Offences relating to firearms, ammunition and explosives.
40. (1) Any person who without lawful excuse, the onus of provingwhich shall be on such person, in any security area carries or has in hispossession or under his control —
(a) any firearm without lawful authority therefor; or
(b) any ammunition or explosive without lawful authoritytherefor,
shall be guilty of an offence: Penalty, death.
(2) A person shall be deemed to have lawful authority for thepurposes of this section only if he —
(a) is a member of any security force, or a prison officer, and inevery such case is carrying or is in possession of or has under his control suchfirearm, ammunition or explosive in or in connection with the performance of hisduty; or
(b) is a person duly licensed, or authorised without a licence, underthe provisions of any written law for the time being in force to carry, possessor have under his control such firearm, ammunition or explosive; or
(c) is a person exempted from the provisions of this section, or is a member of any class of persons so exempted, by the Commissioner of Police by notification in the Government Gazette : Provided that no person shall be deemed to have lawful authority for the purposes of this section or to be exempt from this section if he carries or has in his possession or under his control any such firearm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public security or the maintenance of public order.
(3) A person shall be deemed to have lawful excuse for the purposes of thissection only if he proves —
(a) that he acquired such firearm, ammunition or explosive in a lawfulmanner and for a lawful purpose; and
(b) that he has not at any time while carrying or having in hispossession or under his control such firearm, ammunition or explosive,acted in a manner prejudicial to public security or the maintenance of publicorder.
(4) A person charged with an offence against this section shall not begranted bail.
Consorting with persons carrying or having possession of arms orexplosives.
41. (1) Any person who in any security area consorts with or is found in the company of another person who is carrying or has in his possession or under his control any firearm, ammunition or explosive in contravention of the provisions of section 40, in circumstances which raise a reasonable presumption that he intends, or is about, to act, or has recently acted, with such other person in a manner prejudicial to public security or the maintenance of public order shall be guilty of an offence: Penalty, death.
[S 9/91]
(2) Any person who in any security area consorts with, or is found in thecompany of, another person who is carrying or has in his possession, or underhis control any firearm, ammunition or explosive in contravention of the provisions of section 40, in circumstances which raise reasonablepresumption that he knew that such other person was carrying or had in hispossession or under his control any such firearm, ammunition or explosive, shallbe guilty of an offence: Penalty, imprisonment for 15 years.
[S 9/91]
(3) Where, in any prosecution for an offence under this section, it isestablished to the satisfaction of the court that the accused person was consorting with or in the company of any person who was carrying or had inhis possession or under his control any firearm, ammunition or explosive, itshall be presumed, until the contrary is proved, that such last mentioned personwas carrying or had in his possession or under his control such firearm, ammunition or explosive in contravention of the provisions of section40.
Supplies.
42. (1) Any person who whether within or outside a security area demands, collects or receives any supplies from any other person in circumstances which raise a reasonable presumption that he intends, or isabout, to act, or has recently acted, in a manner prejudicial to public securityor the maintenance of public order, or that the supplies so demanded,collected or received are intended for the use of any person who intends or isabout, so to act, or has recently so acted, or for the use of any terrorist,shall be guilty of an offence: Penalty, imprisonment for life.
(2) Any person who whether within or outside a security area is found in possession of any supplies for which he cannot satisfactorily account incircumstances which raise a reasonable presumption that such supplies areintended for the use of any person who intends, or is about, to act, or hasrecently acted, in a manner prejudicial to public security or the maintenance ofpublic order, or that such supplies are intended for the use of any terrorist,shall be guilty of an offence: Penalty, imprisonment for life.
(3) Any person who whether within or outside a security area provides, whether directly, or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that such other person intends, or is about, to act, or has recently acted, in a manner prejudicial to public security or the maintenance of public order, or that the supplies so provided are intended for the use of any person who intends or is about, so to act, or has recently so acted, or that such supplies are intended for the use of any terrorist, shall be guilty of an offence: Penalty, imprisonment for life: Provided that no person shall be convicted of any offence against this subsection if he proves that prior to being charged with or accused of such offence by a police officer or a person in authority he voluntarily gave full information of the offence to a police officer.
(4) In any charge for an offence against any provision of this section itshall not be necessary to specify the person or persons from whom any supplieswere demanded, collected or received or to whom any supplies were provided orintended to be provided.
Failure to report offences or to give information.
43. Any person who, whether within or outside a security area, whileany proclamation under section 30 is in force —
(a) knowing or having reasonable cause to believe that another personhas committed an offence against this Part fails to report the same to a policeofficer; or
(b) having in his possession any information as to the present orintended movements or whereabouts of any person whom he knows or has reasonablecause to believe to be a terrorist fails to report the same to a policeofficer,
shall be guilty of an offence: Penalty, imprisonment for 10 years:
Provided that no person shall be convicted of any offence against thissection if he proves that, prior to being charged with or accused of suchoffence by a police officer or a person in authority, he voluntarily gave fullinformation of such other offence or of such movements or whereabouts to apolice officer.
Attempt to commit offences and assisting offenders.
44. (1) Without prejudice to the operation of Chapters V and XXIIIof the Penal Code (Chapter 22), any person who, whether within or outside asecurity area, attempts to commit, or does any act preparatory to thecommission of an offence against this Part shall be deemed to be guilty of thatoffence against this Part.
(2) No person, knowing or having reasonable cause to believe that anotherperson has committed an offence against this Part, shall give that other personany assistance, whether within or outside a security area, with intent therebyto prevent, hinder or interfere with the apprehension, trial or punishment ofthat person for that offence.
Abetment and general penalty.
45. Any person who contravenes or fails to comply with any provisionof this Part, or any order made or direction given or requirement imposedthereunder or, whether within or outside a security area, abets suchcontravention or failure for which no special penalty is provided (withoutprejudice to any special provision contained in this Part or in any regulationsmade under section 53) shall be guilty of an offence: Penalty, imprisonment for5 years and a fine of $30,000.
[S 9/91]
Chapter IV
Powers of Police and others
Arrest.
46. (1) Any police officer may without warrant arrest any personfound or reasonably suspected of committing or attempting to commit or of procuring or abetting any person to commit an offence against this Part.
(2) The powers conferred upon a police officer by subsection (1) may beexercised by any member of any other security force, by any person performingthe duties of guard or watchman in a protected place, and by any other persongenerally authorised in that behalf by the Commissioner of Police.
Powers of search.
47. (1) When on duty any police officer or any member of any othersecurity force or any person who is authorised in writing so to do by theofficer commanding a Police District, may without warrant and with or withoutassistance stop and search any vehicle, vessel, aircraft or individual, whetherin a public place or not, if he suspects that any article or material beingevidence of the commission of an offence against this Part as likely to be foundin such vehicle, vessel or aircraft or on such individual, and may seize anyarticle or material so found.
(2) When on duty any police officer of or above the rank of corporal or anymember of any other security force of or above the rating or rank of leadingrate or non-commissioned officer (as the case may be) or any person authorisedin writing so to do by the officer commanding a Police District may withoutwarrant and with or without assistance enter and search any premises or place ifhe suspects that any article or material being evidence of the commission of anyoffence against this Part is likely to be found on such premises or place andmay seize any article or material so found.
(3) No woman shall be searched under this section except by a woman.
Power to dispense with inquests.
48. Notwithstanding anything to the contrary in any written law, inany security area —
(a) a magistrate or coroner may dispense with the holding of aninquest on the dead body of any member of a security force; and
(b) where the magistrate or coroner responsible for holding an inquestupon the body of any person is satisfied that such person has been killed in asecurity area as a result of operations by any security force for the purpose of suppressing organised violence, the magistrate or coroner,as the case may be, may dispense with the holding of an inquest on the body ofsuch person.
Medical Officers of security forces to be regarded as medical officers forpurposes of inquests.
49. Chapter XXX and section 380A of the Criminal Procedure Code (Chapter 7) shall, in respect of any inquest concerning any death in any security area, have effect as if reference therein to a Government medical officer and to a medical officer included reference in each case to a medical officer of any security force when acting in the course of his duty:
Provided that no such medical officer of a security force shall, without hisconsent, be required by any order or otherwise to perform a post-mortemexamination of any body.
Chapter V
General
Compensation.
50. (1) Where in the exercise of the powers conferred by section 36or by any regulations made under section 53, possession is taken of any land,building or other structure or of any movable property or of any space oraccommodation in any vehicle, vessel or aircraft, compensation in respect ofsuch possession shall be assessed in accordance with regulations made undersection 53.
(2) For the avoidance of doubt it is hereby declared that nocompensation shall be payable to any person in respect of any damage or injuryto his person or property caused by or consequent upon any act authorised bythis Part or any regulations made under section 53, unless provision for suchcompensation is made by this Part or any such regulations.
Application of section 94 of the Penal Code.
51. Section 94 of the Penal Code (Chapter 22) (which relates to an act to which a person is compelled by threats) shall have effect as if an offence punishable with death under this Part were an offence against the State punishable with death included in Chapter VI of the Penal Code (Chapter 22).
Extension of right of private defence.
52. The right of private defence of property conferred by section 103 of the Penal Code (Chapter 22) shall be deemed to extend to any mischief by fire or explosive committed on a motor vehicle in any security area, as it applies to mischief by fire committed on a building used as a human dwelling or as a place for the custody of property.
Chapter VI
Regulations
Power to make regulations.
53. (1) When a proclamation has been made under section 30 His Majesty may make, in respect of any security area, any regulationswhatsoever which he considers desirable for the public security.
(2) Without prejudice to the generality of the foregoing power,regulations may be made under subsection (1) in respect of —
(a) the assessment and payment of remuneration, compensation andallowances in respect of any act done under this Act or any regulations madethereunder or in respect of any injury occasioned by or resulting from anyproclamation under section 30;
(b) the restriction of the movement of persons in any securityarea;
(c) processions and meetings in any security area;
(d) the supply and distribution of food, water, fuel, light and othernecessities in any security area;
(e) the declaration of fences or barriers surrounding any area in asecurity area as perimeter fences, and the regulation of traffic and suppliesfrom within and outside any such area;
(f) the eviction of persons unlawfully in occupation of land withinany security area;
(g) the seizure, occupation and forfeiture of land, buildings andother structures and movable property within any security area belongingto or used by persons who intend or are about to act or have acted in a manner prejudicial to the pubilc security of Brunei Darussalam, orbelonging to or used by persons who are harbouring or have harboured or who bytheir servants or agents are harbouring or have harboured any such persons;
(h) the appropriation, control, forfeiture, disposition and use ofproperty in any security area;
(i) the requisition of space or accommodation in any vehicle, vesselor aircraft within any security area;
(j) the destruction of buildings and other structures within anysecurity area;
(k) the clearance of lands within any security area and therecovery of the costs of and the payment of compensation in respect of suchclearance;
(l) the payment of gratuities to workmen injured or to thedependants of workmen killed by acts of terrorism in any security area;
(m) the restriction and prohibition in any security area offoodstuffs and other supplies;
(n) the restriction of persons or any class of persons and the controlof occupations and industries within any security area;
(o) the modification, amendment, suppression or the suspension of theprovisions of any written law for the time being in force in any securityarea;
(p) the entry into and search of any premises or place and the arrest,search and interrogation of persons within any security area;
(q) the formation of tribunals and other bodies for the purpose ofdeciding any matters specified in such regulations, but having no powers toinflict fines or imprisonment;
(r) the prescription of fees and other payments;
(s) any other matter in respect of which it is in the opinion of His Majesty desirable in the interests of public security that regulationsshould be made.
(3) Any regulations made under this section may provide that acontravention thereof shall be punishable by imprisonment for 5 years and afine of $30,000.
[S 9/91]
(4) Any regulations made under this section shall —
(a) unless His Majesty otherwise directs, come into force on the dayon which they are made, and shall then continue in force so long as the proclamation under section 30 is in force, unless sooner revoked;and
(b) have effect only within the security area or areas to which thesaid proclamation applies.
(5) All subsidiary legislation under this Part in force in any security area immediately before the cancellation of the proclamation under section 30 applicable to such area shall cease to have effect in such area upon such cancellation, but without prejudice to the taking or continuance of any proceedings in respect of anything previously done or omitted to be done, or to the payment of any compensation or allowance thereunder.
PART IV
MISCELLANEOUS PROVISIONS
Seizability and bailability of offences.
54. (1) Every offence against this Act shall be seizable for thepurposes of the Criminal Procedure Code (Chapter 7).
(2) Bail shall be discretionary in respect of every offence against this Act other than an offence under section 40.
Power to detain suspected persons.
55. (1) Any police officer may without warrant arrest and detain pending enquiries any person in respect of whom he has reason to believe—
(a) that there are grounds which would justify his detention undersection 3; and
(b) that he has acted or is about to act or is likely to act in anymanner prejudicial to the security of Brunei Darussalam or any part thereof.
(2) Any police officer may without warrant arrest and detain pending enquiries any person, who upon being questioned by such officer fails to satisfy such officer as to his identity or as to the purposes of which he is in the place where he is found, and whom such officer suspects of having acted or being about to act in any manner prejudicial to the security of Brunei Darussalam or any part thereof.
(3) No person shall be detained under this section for a periodexceeding 24 hours except with the authority of a police officer of or above therank of assistant superintendent of police who may authorise thedetention of a person under this section for a period not exceeding 48 hours inall.
(4) Notwithstanding subsection (3), if an officer of or above the rank ofsuperintendent of police is satisfied that the necessary enquiries cannot becompleted within the period of 48 hours prescribed by that subsection he mayauthorise the further detention of any person detained under this section for anadditional period not exceeding 28 days.
(5) Any officer giving any authorisation under subsection (4) shall forthwith report the circumstances thereof to the Commissioner of Police; and where such authorisation authorises detention for any period exceeding 14 days the Commissioner of Police shall forthwith report the circumstances thereof to the Minister*.
(6) The powers conferred upon a police officer by subsections (1) and (2)may be exercised by any member of any other security force, by any personperforming the duties of guard or watchman in a protected place.
(7) Any person detained under the powers conferred by this section shall be deemed to be in lawful custody, and may be detained in any prison, or in any police station or in any other similar place authorised generally or specially by the Minister*.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Use of lethal weapons in effecting arrests.
56. (1) Notwithstanding anything to the contrary contained in anyother written law it shall be lawful for any police officer in order to—
(a) effect the arrest of any person liable to detention under anyorder made under section 3;
(b) effect the arrest of any person liable to arrest and detention under section 55(1) or (2);
(c) effect the arrest of any person whom he has, in all thecircumstances of the case, reasonable grounds for suspecting to have committedan offence against this Act or against any provision of any written law for thetime being specified in Schedule 2;
(d) overcome forcible resistance offered by any person to such arrest;or
(e) prevent the escape from arrest or the rescue of any personarrested as aforesaid,
to use such force as, in the circumstances of the case, may be reasonablynecessary, which force may extend to the use of lethal weapons.
(2) Every person arrested for any of the offences referred to insubsection (1) shall as soon as possible after his arrest be clearly warned ofhis liability to be shot at if he endeavours to escape from custody.
(3) The powers conferred upon a police officer by subsection (1) may beexercised by any member of any other security force, and by any personperforming the duties of guard or watchman in a protected place, and by anyother person generally authorised in that behalf by the Commissioner ofPolice.
(4) Nothing in this section contained shall derogate from the right of private defence contained in sections 96 to 106 of the Penal Code (Chapter 22).
Power of Director of Internal Security and authorised persons. [S17/95]
56A. (1) In the administration of this Act and of any written lawspecified in Schedule 2A, and of any subsidiary legislation made thereunder, thepowers conferred upon the Commissioner of Police by this Act may,notwithstanding any provision of this Act or of any of those written laws, asthe case may be, be exercised by the Director of Internal Security.
(2) In the administration of this Act and of any written law specified inSchedule 2A, and of any subsidiary legislation made thereunder, the powersconferred upon any police officer (other than the Commissioner of Police) bythis Act, or by the Criminal Procedure Code (Chapter 7) in relation to aseizable offence, may, notwithstanding any provision of this Act or of any ofthose written laws, as the case may be, be exercised by the Director of InternalSecurity and any person authorised by him in writing in that behalf eithergenerally or in a particular case.
(3) Notwithstanding any provision of this Act and of any otherwritten law —
(a) the Director of Internal Security; and
(b) any person authorised by him under subsection (1), to the extentordered by him,
may carry and use a firearm and ammunition for the effectual discharge of hisduties under this Act.
(4) Any person authoried by the Director of Internal Security undersubsection (1) shall be deemed to be a public servant within the meaning ofsection 21 of the Penal Code (Chapter 22).
Admission of statements in evidence.
57. (1) Where any person is charged with any offence against thisAct or against any written law for the time being specified in Schedule 3 anystatement, whether such statement amounts to a confession or not or is oral orin writing, made at any time, whether before or after such person is charged andwhether in the course of a police investigation or not and whether or not whollyor partly in answer to questions, by such person to or in the hearing of anypolice officer of or above the rank of inspector and whether or not interpretedto him by any other police officer or any other person concerned or not, in thearrest, shall notwithstanding anything to the contrary contained in any writtenlaw be admissible at his trial in evidence and, if such person tenders himselfas a witness, any statement may be used in cross examination and for the purposeof impeaching his credit.
(2) Notwithstanding subsection (1), no statement shall be admissible orused as aforesaid under that subsection —
(a) if the making of the statement appears to the court to have beencaused by any inducement, threat or promise having reference to the chargeagainst such person, proceeding from a person in authority and sufficient in theopinion of the court to give such person grounds which would appear to himreasonable for supposing that by making it he would gain any advantage or avoidany evil of a temporal nature in reference to the proceeding against him; or
(b) in the case of a statement made by such person after his arrest,unless the court is satisfied that a caution was administered to him in thefollowing words or words to the like effect:
“It is my duty to warn you that you are not obliged to say anything orto answer any question, but anything you say, whether in answer to a question ornot, may be given in evidence”:
Provided that a statement made by any person before there is time to cautionhim shall not be rendered inadmissible in evidence merely by reason of no suchcaution having been given if it has been given as soon as possible.
(3) Notwithstanding anything to the contrary contained in anywritten law a person accused of an offence to which subsection (1) applies shallnot be bound to answer any question relating to such case after a caution hasbeen administered to him under subsection 2 (b) .
Inspection of banker’s books.
58. The Minister* may, if he is satisfied that any evidence of the commission of an offence against this Act or against any written law for the time being specified in Schedule 3 is likely to be found in any banker’s book, by order authorise any police officer to inspect any such book, and a police officer so authorised may, at all reasonable times, enter the bank specified in the order and inspect the banker’s books kept therein, and may take copies of any entry in any such book.
* Transferred to the Minister of Law with effect from 1st January 1984 — [S 10/84]
* Transferred to the Minister of Home Affairs with effect from 1st April 1987 — [S 14/87]
Disposal of property.
59. (1) Any article or material coming into the possession of apolice officer under section 47 may be disposed of in such manner as the Commissioner of Police may order; and in default of any such order inrelation to any such property subsection (2) shall apply thereto.
(2) Subject to subsection (1) the provisions of the Criminal Procedure Code (Chapter 7) relating to the disposal of property the subject of an offence shall apply to any property coming into the possession of a police officer or any other person having any functions in connection with the operation of this Act which such officer or person has reasonable ground for believing to be evidence of the commission of an offence against this Act; and in relation to any such property any reference therein to a police officer shall have effect as if it included a reference to any such person.
(3) Nothing in this section shall be taken to prejudice any right to retainor dispose of property which may exist in law apart from theprovisions of this section.
Jurisdiction of Court of a Magistrate.
60. Without prejudice to the jurisdiction of the High Court, a Courtof a Magistrate shall have jurisdiction to try any offence against this Act,other than an offence punishable with death or imprisonment for life, and toimpose any penalty prescribed therefor not exceeding 7 years imprisonment and afine of $30,000.
[S 9/91]
Restriction on prosecution.
61. A prosecution for any offence against this Act shall not beinstituted except with the consent of the Public Prosecutor —
(a) subject to the law for the time being in force relating tocriminal procedure, a person charged with such an offence may be arrested, or awarrant for his arrest may be issued and executed and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Public Prosecutor to the institution of a prosecution forthe offence has not been obtained, but the case shall not be further prosecuteduntil that consent has been obtained; and
(b) when a person is brought before a court under this section beforethe Public Prosecutor has consented to the prosecution the charge shall beexplained to him but he shall not be called upon to plead, and the law for thetime being in force relating to criminal procedure shall be modifiedaccordingly.
Publicity of orders.
62. (1) Notwithstanding section 16 of the Interpretation and General Clauses Act (Chapter 4) (which relates to publication), when any order, rule or regulation is made or direction or instruction is given under this Act, the Minister or other authority making such order, rule or regulation or giving such direction or instruction shall cause notice of its effect to be given as soon as may be in such manner as he thinks necessary for bringing it to the notice of all persons who in his opinion ought to have notice of it, and such order, rule, regulation, direction or instruction shall have effect as soon as notice as aforesaid has been given, without publication in the Government Gazette.
(2) Without prejudice to any special provisions contained in this Act, orin any rules or regulations made thereunder, a notice to be served on any personfor the purposes of any section may be served by leaving it at, or by sending itby post in a letter addressed to that person at his last or usual place of abodeor place of business.
(3) Any order or regulation made or any direction or instruction givenunder this Act may at any time during its continuance be cancelled by the personempowered to make such order or regulation or to give such direction orinstruction, but without prejudice to the previous validity thereof or toanything done thereunder or to the power of such person to make a fresh order orregulation or give a fresh direction or instruction under such provisions.
Saving.
63. Nothing in this Act shall affect any other law relating tocriminal offences:
Provided that no person shall be punished twice for the same offence.
Application of section 36 of the Interpretation and General ClausesAct.
64. For the avoidance of doubt it is hereby declared that section 36of the Interpretation and General Clauses Act (Chapter 4) (which contains provisions as to offences under 2 or more laws) shall apply to thisAct.
Amendment of Schedules.
65. The Minsiter with the approval of His Majesty may, by notificationin the Government Gazette, amend any Schedule.
[S 17/95]
Transitional provisions.
66. Where an order (hereinafter referred to as “the transitional order”) is made under section 3(1) (a) in respect of a person who, immediately before the date on which the transitional order takes effect, is detained under an order made or made an extended under Order 8 of the Emergency Orders, 1962 [E 17/62], a copy of the transitional order shall be served on such person as soon as may be after the making thereof, and in all other respects the transitional order shall be treated as if it were a direction under section 3(2) extending a previous order made under section 3(1) (a), and as if the period of detention (not exceeding 2 years) authorised by the transitional order were the further period for which such previous order has been extended by, and from the date of, the transitional order.
SCHEDULE 1
(section 3(3))
ESSENTIAL SERVICES
1. Water services.
2. Electricity services.
3. Public Health services.
4. Fire services.
5. Prison services.
6. Postal services.
7. Telephone services.
8. Telegraph services.
9. Radio communication services, including broadcasting and televisionservices.
10. Port, dock and harbour services and undertakings.
11. Public transport services by land, sea or air.
12. Bulk distribution of fuel and lubricants.
SCHEDULE 2
(section 56(1))
SPECIFIED LAWS
FORCIBLE ARREST OF SUSPECTS
Penal Code (Chapter 22) ...............................................Sections 435 and 436
SCHEDULE 2A
(sections 56A(1) and (2))
SPECIFIED LAWS
[S 17/95]
Chapter 21 — Emergency Regulations Act
Chapter 24 — Sedition Act
Chapter 25 — Undesirable Publications Act Chapter122 — Registration of Guest Act Chapter 148 — Public Order Act
SCHEDULE 3
(sections 57 and 58) SPECIFIED LAWS
ADMISSION OF STATEMENTS AND INSPECTION OF BANKERS’ BOOKS
1. Societies Act (Chapter 66) — Any offence under section 16, 17, 18 or 21.
2. Sedition Act (Chapter 24) — Any offence under the Act.
3. National Registration Act (Chapter 19) — Any offence underany regulations made under the Act.
4. Any abetment of or attempt to commit any offence specified in this Schedule.
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