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INTERNAL SECURITY ACT
(CHAPTER 133)
INTERNAL SECURITY (PLACE OF DETENTION) RULES
S 31/84
Amended by
S 5/96
S 9/96
GN 274/02
REVISED EDITION 2002
(30th November 2002)
SUBSIDIARY LEGISLATION INTERNAL SECURITY ACT
INTERNAL SECURITY (PLACE OF DETENTION) RULES
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Interpretation.
3. Administration.
4. Superintendent to detain persons committed to his custody.
5. Administration of officers and places of detention.
6. Appointment of officers and issue of Standing Orders.
7. Duties of Superintendent.
8. Appointment of Medical and Dental Officers.
9. Terms of engagement of officers.
10. Appointment of subordinate officers.
11. Interdiction, suspension and dismissal.
12. Uniform and accoutrements.
13. Delivery of uniform etc. on leaving.
14. Officers deemed public servants.
15. Use of weapons.
16. Officers to have powers of police officer.
17. Offences concerning supplies.
18. Payments of money forbidden.
19. Maintenance of records.
20. Journal.
21. Detained persons’ complaints etc.
22. Diet scale and inspection of meals.
23. Inspection of foodstuffs.
24. Rations to be in accordance with diet scales.
25. Death of detained person.
26. Detained person mentally unsound.
27. Visitors to view place of detention.
28. Books and records to be kept.
29. Petitions by detained persons.
30. Retention and care of property.
31. Report to Minister.
32. Action in case of emergency.
33. Control of expenditure.
34. Searching of detained persons.
35. Searching of officers.
36. Absence from duty.
37. Unauthorised communications.
38. Female staff, quarters and absence.
39. Searching of female detained persons.
40. Offences by officers and punishment.
41. Appeal to the Minister.
42. Adjudication by Superintendent.
43. Assault on senior officer.
44. Trafficking.
45. Officers’ Reward fund.
46. Custody during removal.
47. Bedding.
48. Discharge of detained persons.
49. Escapes and offences connected therewith.
50. Attendance at place of detention by Medical Officer.
51. Examination of and visits to, detained persons.
52. Mentally unsound detained persons.
53. Sick detained persons.
54. Detained persons unfit for detention.
55. Medical Officer to inspect place of detention.
56. Death of detained persons.
57. Infectious or contagious diseases.
58. Occurence of infectious diseases.
59. Custody of detained persons of unsound mind.
60. Serious illness of detained persons.
61. Dental Officers.
62. Punishment for minor offences by detained persons.
63. Punishment for aggravated offences by detained persons.
64. Minor offences.
65. Aggravated offences.
66. Medical examination before punishment.
67. Full diet after 3 days punishment diet.
68. Maximum period of close confinement.
69. Visits to detained persons in cells.
70. Luxuries.
71. Books etc.
72. Visits.
73. Visitors may be searched.
74. Letters.
75. Board of Inspection.
76. Inspection of parcels.
77. Work in detention camp.
78. Pay for work performed.
79. School classes and library.
80. Penalty for certain offences in detention camp.
81. Jurisdiction.
82. Production of detained persons before a Court.
83. Rules not to apply to detained persons in prison.
__________________________
SUBSIDIARY LEGISLATION
Rule under sections 3(5) and (6)
INTERNAL SECURITY (PLACE OF DETENTION) RULES
Commencement: 1st April 1983
Citation.
1. These Rules may be cited as the Internal Security (Place ofDetention) Rules.
Interpretation.
2. In these Rules, unless the context otherwise require —
“detained person” means any person detained under an order ofdetention;
“Director of Places of Detention’’ means the officerappointed under section 3(6) of the Act and includes the Deputy Director;
“Minister” means the Minister of Home Affairs;
[S 5/96]
[S 5/96]
“officer” means the Director of Places of Detention, the Deputy Director, a Superintendent, Assistant Superintendent, Chief Warder, Non-Commissioned Officer, Warder or Wardress;
[S 5/96]
“order of detention’’ means any order for the detention of any person made under the Internal Security Act (Chapter 133);
“order of removal” means any order for the removal of anydetained person or persons from one place of detention to another made under theAct;
“place of detention’ means any place specified as a place ofdetention in any order of detention or order of removal and includes arehabilitation centre;
“subordinate officer” means any officer below the rank ofSuperintendent.
[S 5/96]
Administration.
3. (1) The administration of place of detention shall be vested inSuperintendent.
(2) The powers and duties of a Superintendent under these Rules may beexercised and performed in the case of the absence or incapacity of theSuperintendent by the next senior officer present in place of theSuperintendent.
Superintendent to detain persons committed to his custody.
4. Every Superintendent is hereby authorised and required to keep and detain all detained persons duly committed to his custody.
Administration of officers and places of detention.
5. (1) Subject to the orders of the Minister, the control of officersof place of detention throughout Brunei Darussalam shall be vested in theDirector who may from time to time make such transfers and direct the employmentand distribution of officers as he may think fit.
[S 5/96]
(2) Subject to the orders of the Minister the general charge andadministration of places of detention in Brunei Darussalam shall be vested inthe Director.
[S 5/96]
Appointment of officers and issue of Standing Orders.
6. (1) His Majesty the Sultan and Yang Di-Pertuan may appoint theDirector of Places of Detention for Brunei Darussalam, the Deputy Director andso many Superintendents and Assistant Superintendents as he may thinknecessary.
[S 5/96]
(2) The Director may make and issue orders, to be called “StandingOrders”, not inconsistent with the provisions of these Rules.
[S 5/96]
Duties of Superintendent.
7. Subject to the orders of the Minister, the Director shall superviseand control all matters in connection with any place of detention theadministration of which is vested in him, and shall be responsible to theMinister for the conduct and treatment of the officers and detained personsunder his control, and for the due observance by officers and detained personsof the provisions of these Rules and of all written law, Standing Orders,Regulations and Rules relating to detained persons and places of detention.
[S 5/96]
Appointment of Medical and Dental Officers.
8. (1) The Director-General of Health Services shall appoint aMedical Officer and a
Dental Officer for each place of detention.
[GN 274/02]
(2) If the circumstances do not permit of the Director-General of Health Services making an appointment under sub-rule (1) the Director-General of Health Services may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Dental Officer of any specified place of detention.
[GN 274/02]
Terms of engagement of officers.
9. All officers shall be engaged in accordance with the conditionsof contract applicable to them at the date of their engagement.
Appointment of subordinate officers.
10. A subordinate officer may be promoted by the Director.
[S 5/96]
Interdiction, suspension and dismissal.
11. The Director, Deputy Director, a Superintendent and a subordinateofficer may be interdicted, suspended or dismissed in accordance with GeneralOrders for the time being in force:
[S 5/96]
Provided that, where in the opinion of the Director it is essential in the interest of security and discipline of a place of detention that an officer should cease forthwith to exercise the functions of his office, the Director may interdict such officer from duty pending an investigation.
[S 5/96]
Uniform and accoutrements.
12. Every officer shall be provided with such staves, arms,ammunition, uniform and other accoutrements that may be prescribed by theSuperintendent.
Delivery of uniform etc. on leaving.
13. (1) Every person upon ceasing to be an officer shall forthwithdeliver up to the Superintendent of the place of detention in which he isserving at the time of ceasing to be an officer, every article of uniform andclothing and all arms, accountrements, ammunitions, staves and other effects ofevery kind belonging to the Government.
(2) Any person who fails to comply with the provisions of sub-rule (1) shallbe liable to imprisonment for 3 months and to fine of $500 and in additionthereto shall be liable to pay the value of any article not delivered up, whichvalue shall be summarily ascertained by the Court and shall be recoverable as ifit were a fine.
(3) Every person not being a person employed by or in a place of detention who shall have in his possession any article being part of the clothing, accoutrements, or other effects supplied to any officer and who shall not be able satisfactorily to account for his possession of the same shall be liable to imprisonment for 3 months and to a fine of $500.
Officers deemed public servants.
14. The Director, Deputy Director, all Superintendents, Medical Officers, Dental Officers and subordinate officers appointed under these Rulesshall be deemed to be public servants within the meaning of the Penal Code(Chapter 22).
[S 5/96]
Use of weapons.
15. (1) Every officer may use weapons against any detained person escaping or attempting to escape:
Provided that resort shall not be had to the use of any such weapons unlesssuch officer has reasonable ground to belive that he cannot otherwise preventthe escape.
(2) Every officer may use weapon on any detained person engaged in anycombined outbreak or in any attempt to force or break open the outside gate ordoor or enclosure wall of the place of detention, and may continue to use suchweapons so long as such combined out break or attempt is actually beingprosecuted.
(3) Every officer may use weapons against any detained person using violenceto any officer or other person, provided that such officer has reasonablegrounds to believe that the officer or other person is in danger of life orlimb, or that other grevious hurt is likely to be caused to him.
(4) Before using firearms against a detained person under the authorityconveyed in paragraph (1), the officer shall give a warning to the detainedperson that he is about to fire on him.
(5) No officer shall, in the presence of a superior officer, use arms of anysort against a detained person in the case of an outbreak or attempt to exceptunder the orders of such superior officer.
(6) The use of weapons under this rule shall be, as far as possible, to disable and not to kill.
(7) Every police officer and every member of the Royal Brunei Armed Forces,the Gurkha Reserve Unit or of any other local force established under anywritten law, who is for the time being serving in the capacity of an escortguard or of a guard in or about the place of detention for the purpose ofensuring the safe custody of any detained persons in such place of detentionshall be deemed to have all powers and privileges granted to an officer underthis rule.
Officers to have powers of police officer.
16. Every officer while acting as such shall have by virtue of hisoffice all the powers, authorities, protection and privileges of a policeofficer.
Offences concerning supplies.
17. (1) No officer nor any Medical Officer nor any Dental Officershall sell or supply or receive directly or indirectly any benefit or advantagefrom the sale or supply of any article to or for the use of any detained personor for the use of any place of detention, nor shall any such officer directly orindirectly have anuy interest in any contract or agreement for the sale orsupply of any such article.
(2) No officer nor any Medical Officer nor any Dental Officer shall directlyor indirectly have any pecuniary interest in the purchase of any place ofdetention supplies, or receive any discounts, gifts or other consideration fromcontractors for or sellers of such supplies, or have any pecuniary dealing withdetained persons or with their friends with regards to them or on behalf of anydetained person or any unauthorised communications with any person.
(3) Any person who contravenes any provision of this rule shall beliable to imprisonment for 12 months and to a fine of $1,000 and may inaddition be dismissed from his office and all arrears of pay may beforfeited.
Payment of money forbidden.
18. (1) No money or other consideration shall on any pretextwhatsoever be payable, paid, given or promised by or on behalf of any detainedperson, either on his entry into, commitment to, continuance in, or dischargedfrom any place of detention, to any officer; and any officer receiving ordemanding any such money or other consideration or the promising of such moneyor other consideration or undertaking any service in consideration of receivingor promise of such money or other consideration shall be liable to imprisonmentfor 6 months and to a fine of $500.
(2) Any person convicted under this rule may be dismissed from his office,and all arrears of pay due to him may be forfeited.
Maintenance of records.
19. Every Superintendent shall be responsible for seeing that allproper records are kept, of all such circumstances, and of any correspondenceconnected with such circumstances, as affect the interest of particular detainedpersons.
Journal.
20. A Superintendent shall keep a Journal wherein he shall record all matters of importance relating to the place of detention ordetained persons.
Detained persons’ complaints etc.
21. A Superintendent shall ensure that a detained person who had a complaint or applications to make is allowed to make them, and that theMedical Officer’s instruction are carried into effect, and theSuperintendent shall pay special attention to those detained persons who are inhospital or are undergoing punishment.
Diet scale and inspection of meals.
22. (1) The food of detained persons shall be in accordance with thescales set out hereto or such other diet scales as may from time to time beapproved by the Minister on the recommendations of the Director-General ofHealth Services.
[GN 274/02]
(2) A Superintendent shall, from time to time, and not less than once aweek, visit the detained persons and shall enquire into any complaint that maybe made regarding the rations and take immediate action to remove the cause ofsuch complaint which appears to be justified. The Superintendent shall ensurethat foodstuffs are of good quality and every detained person receives therations to which he is entitled by law and no deviation from the authorisedscale is permitted except by the written authority of the Medical Officer.
(3) Copy of the diet scales shall be displayed in some conspicious part ofthe place of detention.
(4) Scales and standard rates and measures shall be provided for weighingthe food supplied to detained persons.
(5) A detained person ordered to be kept on punishment diet shall havesubstituted for his ordinary diet the punishment diets as prescribed unlessotherwise ordered by the Medical Officer.
Inspection of foodstuffs.
23. The Superintendent or the next senior officer shall daily inspectand supervise the issuing of the detained persons’ meals and whenever possible, shall weigh the rations supplied to detained personswhen delivered by the contractor. A record shall be made of such check in a bookkept for such purpose.
Rations to be in accordance with diet scales.
24. The Superintendent shall ensure that every article of foodsupplied for the use of the detained persons is sound and of good quality, andthat the scales, weights and measures in use in the place of detention areaccurate and in proper order. A Superintendent shall take special care to seethat the rations issued are strictly in accordance with the prescribed scales ofdiet and that every detained person receives the diet to which he isentitled.
Death of detained person.
25. (1) The Superintendent shall, upon the dangerous illness or death of any detained person, give immediate notice thereof to the most accessible known relative of the detained person or of the decease, as the case may be.
(2) The Superintendent shall, upon the death of the detained person giveimmediate notice thereof to the nearest Magistrate and report the death to thePolice.
Detained person mentally unsound.
26. The Superintendent shall without delay report to the MedicalOfficer any case of mental disorder or apparent mental disorder.
Visitors to view place of detention.
27. (1) The Minister may permit any responsible person, who has goodreasons, to view a place of detention at reasonable hours accompanied by anofficer.
(2) Visitors shall give their names and addresses and sign their names in the Visitors Book and are liable to be searched by the order of the Superintendent.
(3) The Superintendent may remove from a place of detention any visitor tothe place of detention whose conduct is improper.
Books and records to be kept.
28. A Superintendent shall keep or cause to be kept —
(a) an Admission Register, and a Record of all detained personscommitted, with date of commitment and the date at which such detention willlapse, and the name, age, height, weight, particular marks and generalappearance of detained person and any other particulars which may berequired;
(b) a Daily Release Book, in diary form, wherein he shall enter,when admitted, the name of every detained person under the proper date uponwhich such detained persons is to be released;
(c) a Detained Persons’ Effects Book to be kept in the approvedform;
(d) a Detained Persons’ Punishment Book wherein shall berecorded the name of every detained person punished for offences, the punishmentinflicted and the name of the officer ordering the punishment and also thecertificate of the Medical Officer as to whether the detained person physicallyfit to undergo punishment as ordered, and the date;
(e) an account of all receipts and disbursements;
(f) an Unofficial Visitors Book, containing a record of all unofficialvisitors to the place of detention;
(g) an Official Visitors Book;
(h) a list of books and documents committed to his care;
(i) a Fine and Reward Account Book showing the amounts and disposal ofall fines and forfeitures levied from the staff; and
(j) such other books or records which the Superintendent maydirect.
Petitions by detained persons.
29. The Director shall, without delay, submit to the Minister anypetition received from a detained person.
Retention and care of property.
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30. (1) Moneys and other articles whatever in possession of, or sentin to, any detained person, not expressly allowed by these Rules, shall be takenfrom such detained person. Such property shall be inventoried in the Register ofProperty, which shall be signed by the detained person.
(2) Any article of a perishable or dangerous nature may be destroyed.
(3) A Superintendent shall take particular care to see that every precautionis taken to ensure the safe custody of detained persons property and to prevent the loss or misappropration of any such property.
Report to Minister.
31. The Director shall report to the Minister all escapes, seriousassault, outbreaks of disease or any occurrences of an unusual or seriousnature.
[S 5/96]
Action in case of emergency.
32. In cases of sudden emergency, the Director shall take such actionas may in the circumstances be necessary, enter the particulars in his Journal,and forthwith make a report of the same to the Minister.
[S 5/96]
Control of expenditure.
33. The Director shall keep strict surveillance over the expenditureof such public money as may be allocated to the place of detention, and he shallascertain that all moneys received are properly accounted for.
[S 5/96]
Searching of detained persons.
34. (1) The Superintendent shall ensure that every detained person is strictly searched on admission, and that all knives, weapons, instruments, money, opium or anything forbidden by these Rules, or in his opinion objectionable, or anything likely to facilitate escape, are taken from the detained persons. A Superintendent may cause any dangerous or objectionable article to be destroyed.
(2) Female detained persons shall be search only by a Wardress.
Searching of officers.
35. (1) Every subordinate officer shall permit himself to be searchedwithin a place of detention or within his quarters, and likewise he shall submitto the search of his quarters by the Superintendent or by any other officer in accordance with such directions as the Superintendent may seefit to give.
(2) Female officers shall be searched only by members of their own sex.
Absence from duty.
36. Subordinate officers shall not be absent from their places ofdetention during hours of duty without leave from the Superintendent and beforeleaving the place of detention at any time they shall leave their keys, arms andbooks in the place or places appointed.
Unauthorised communications.
37. No officer or any person employed in the place of detention shall make any unauthorised communications concerning any placeof detention or detained person whatever, and shall not, without the writtenauthority of the Minister, communicate to the public press information derivedfrom official sources or connected with his duties or the place of detention,and any such communication by an officer without authority, will be regarded asa breach of confidence and will render him liable to dismissal.
Female staff, quarters and absence.
38. The Senior Wardress shall reside in such quarters as may beassigned to her. She shall not be absent from her quarters without leave fromthe Superintendent except during such hours as shall from time to time be fixedby him, and in case of such absence the next senior female officer shall havethe same powers and be subject to the same responsibilities as a SeniorWardress.
Searching of female detained persons.
39. The Senior Wardress shall search, or cause to be searched, everyfemale detained person on admission and so often afterwards as may be directedby the Superintendent or as he thinks necessary.
Offences by officers and punishment.
40. A subordinate officer who shall be guilty of any of the following disciplinary offences, namely —
(a) absence from duty without good cause;
(b) sleeping on duty;
(c) neglect or disobedience of orders;
(d) being under the influence of alcohol or drugs while on or offduty;
(e) insubordination;
(f) neglect of duty;
(g) wilful destruction of or careless loss of or injury toGovernment property;
(h) malingering;
(i) using personal violence to any detained person save in the case(1) repeated refusal to be obey a lawful order; (2) self-defence; or (3) defenceof any other officer, person or detained person;
(j) instigating or permitting any detained person to commit any crime or offence against place of detention discipline;
(k) allowing unauthorised persons to communicate with detainedpersons;
(l) borrowing money from or lending money to any other officer;
(m) bringing in spirituous or fermented liquor or any prohibitedarticle into the place of detention;
(n) being improperly dressed when in uniform;
(o) reporting late for duty;
(p) losing supervision over the detained persons in his or hercharge;
(q) selling or making away with any part of his or her uniformequipment or accoutrements;
(r) trafficking with detained persons;
(s) using personal violence or treats towards any officer;
(t) any other conduct to the prejudice of good order or discipline or the security of a place of detention or in violation of these Rules, shall be liable on conviction before the Director to any one or more of the following punishments —
(i) summary dismissal, subject to confirmation by the Minister;
(ii) reduction in rank, subject to confirmation by the Minister;
(iii) forfeiture of not more than 15 days pay;
(iv) extra duties not exceeding 4;
(v) extra drills not exceeding 7;
(vi) severe reprimand; and
[S 5/96]
(vii) reprimand:
Provided that in case of absence without a good cause forfeiture of pay mayextend to the period of absence in addition to any other punishmentinflicted:
Provided further that on conviction under paragraph (g) any suchofficer shall be liable to pay the value of the property destroyed, lost ordamaged.
Appeal to the Minister.
41. A subordinate officer may appeal to the Minister against anypunishment order under rule 40 and the Minister may reduce or confirm any suchpunishment.
Adjudication by Superintendent.
42. (1) If it shall appear to a Director that an offence punishableunder rule 40 is of such a grave character as to require a more severepunishment than any therein prescribed, than such Superintendent shall directthat the person accused be charged before a Magistrate, and such a person shallbe liable to imprisonment for 6 months and to a fine of $500:
[S 5/96]
Provided that if the offence relates to the destruction or loss or of injury to Government property the person convicted shall in addition be liable to pay the value of the property destroyed, lost or injured, which value shall be summarily be ascertained by the Court and shall be recoverable as if it were a fine.
(2) A subordinate officer convicted by a Magistrate under this rule shall,unless the conviction is reversed on appeal, be dismissed from his office andall arrears of pay due to him may be forfeited.
Assault on senior officer.
43. (1) An officer who shall assault, threaten or insult any officer senior to him when such senior officer is on duty or when such assault, threat or insult shall relate to or be consequent upon the discharge of duty by the officer so assaulted, threatened or insulted shall be liable on conviction before a Magistrate to imprisonment for 6 months and to a fine of $500.
(2) Any person convicted under this rule, shall, unless the conviction isreversed on appeal, be dismissed from his office and all arrears of pay due tohim be forfeited.
Trafficking.
44. (1) Every person who without lawful authority —
(a) conveys, supplies or causes to be supplied or conveyed to anydetained person, or hides or places for his use any letter or document or anyintoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing,provisions or any other article whatsoever; or
(b) brings or attempts by any means whatever to introduce in to anyplace of detention, or places or attempts to place where detained persons shalllabour, any letter or document or any intoxicating liquor, tobacco, bhang orhemp, opiate, drug, money, clothing, provisions or any other article to be soldor use therein; or
(c) brings or attempts to bring out of any place of detention, orconveys from any detained person any letter, document or other article; or
(d) communicates with any detained person,
shall be liable on conviction by a Magistrate to imprisonment for 6 months and to a fine of $1,000, and an officer shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due of him may be forfeited.
(2) Every officer who without lawful authority —
(a) knowingly suffers any intoxicating liquor, tobacco, bhang orhemp, drug, opiate, money, clothings, provisions, letter, document or otherarticle to be sold to or received or used by or on behalf of any detainedpersons; or
(b) lends or gives to any detained person any such intoxicatingliquor, tobacco, bhang or hemp, opiet, drug, money, clothing, provisions orother article; or
(c) knowingly suffers any letter, document or other article to bebrought out of any place of detention, or to be conveyed from any detainedperson,
shall be liable on conviction by a Magistrate to imprisonment for 6 months and to a fine of $1,000, and an officer shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.
Officers’ Reward Fund.
45. All pay which is forfeited by fines inflicted upon officers under these Rules shall be paid into a fund to be called “The Officers’ Reward Fund”. This fund shall be administered by the Director in accordance with rules to be made by the Minister.
[S 5/96]
Custody during removal.
46. A detained person who has been removed or transferred from oneplace of detention to another, or for whose production at any place an order hasbeen made shall, while outside a place of detention be deemed to be in thelawful custody of a Director of the place of detention from which he had beenremoved or transferred.
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Bedding.
47. Every detained person shall be supplied with bedding adequate forwarmth and health in accordance with the scale approved by the Director.Additional bedding may be authorised in special circumstances onrecommendations of the Medical Officer.
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Discharge of detained persons.
48. A Superintendent shall be responsible for the due discharge of alldetained persons immediately on their becoming entitled to release.
Escapes and offences connected therewith.
49. (1) If a detained person escape by breach of a place of detentionor otherwise out of custody, he may be retaken in the same manner as a personconvicted of crime against the laws of Brunei Darussalam may be retaken on anescape.
(2) Any person who is guilty of the offence of so escaping or of attemptingto escape, or of aiding or attempting to aid any such detained persons so toescape, shall be deemed to have committed an offence against the laws of BruneiDarussalam, and may be tried and punished accordingly.
Attendance at place of detention by Medical Officer.
50. A Medical Officer shall, if necessary, or whenever requested bythe Superintendent attend the place of detention.
Examination of and visits to, detained persons.
51. The Medical Officer shall examine every detained person sentencedfor punishment for any offence before any such punishment is carried out andcertify whether in his opinion such punishment can be inflicted without theprobability of serious injury be caused thereby. He shall visit such of thedetained persons as are sick; he shall see every detained person sentenced toclose confinement once a day.
Mentally unsound detained persons.
52. The Medical Officer shall report to the Director the case of anydetained person whose mind has been or appears likely to injuriously affected, and give such written directions in the case as he may thinkproper. He shall report in writing the case of any detained person appearing tobe mentally disordered.
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Sick detained persons.
53. The Medical Officer shall report in writing to the Superintendentthe case of any detained person to which he thinks it necessary on medicalgrounds to draw attention, and shall make such recommendations as he deemsneedful for the alteration of the discipline or treatment of the detained personor for the supply of additional articles to the detained person. TheSuperintendent shall as far as it is practicable carry into effect any writtenrecommendation made by the Medical Officer.
Detained persons unfit for detention.
54. Whenever the Medical Officer either on his own observations or onreport by the Director is of the opinion that the life of any detained personwill be endangered by his continuance in a place of detention or that any suchperson will not survive his detention or is totally and permanently unfit forplace of detention discipline, he shall state his opinion, and the groundstherefor, in writing to the Director.
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Medical Officer to inspect place of detention.
55. At least once in every month a Medical Officer shall inspect everypart of the place of detention with special reference to the sanitary state ofthe place of detention, the health of the detained persons and adequancy andproper cooking of the diets; and he shall ensure that the body weights ofdetained persons are properly recorded and shall periodically review them.
Death of detained persons.
56. A Medical Officer shall forthwith, on the death of any detained person, enter in his Case Book the time when the illness, if any, was first observed, when it was first reported to him; when it assumed a dangerous character; the nature of the disease or other cause of death; the time of death and an account of the appearance after death, together with any special remarks that appear to him to be necessary, and the result of post-mortem examination, if any.
Infectious or contagious diseases.
57. (1) The Medical Officer shall give directions in writing forseparating detained persons having infectious or contagious diseases, forcleansing and disinfecting any room or cell occupied by any such detainedperson, and for cleansing, disinfecting or destroying, if necessary, anyinfected apparel or bedding, which the Superintendent shall forthwith carry intoeffect.
(2) The Medical Officer shall in the case of the occurrence of any epidemic,or highly infectious or contagious disease, or of any other circumstancesaffecting the health of the detained persons requiring unusual measures, make immediate report to the Superintendent without waitingfor the time of any periodical report.
Occurrence of infectious disease.
58. In the case or a contagious or infectious disease occurring in anyplace of detention it shall be lawful to remove any of the detained persons fromsuch place of detention to any other place and such removal may be made inpursuance of any order under the hand of the Director.
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Custody of detained persons of unsound mind.
59. (1) Whenever a detained person appears to a Medical Officer to be mentally disordered he may direct that such detained person beremoved to any mental hospital or other fit place of safe custody and be theredetained. An order of removal signed by the Director shall be authority for thereception of the detained person and for his detention therein, until removed ordischarged as hereinafter provided.
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(2) Where a detained person who is detained in a mental hospital under the provisions of this rule is in the opinion of the Medical Officer inCharge of such mental hospital no longer mentally disordered the Medical Officershall report accordingly to the Director who shall, by order, direct the returnof such detained person to the place of detention from whence he wasremoved.
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Serious illness of detained persons.
60. In case of a serious illness of a detained person, confined in aplace of detention in which there is not suitable accommodation for suchdetained person, the Director may, on the certificate of a Medical Officer, makean order for his removal to a Government hospital.
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Dental Officers.
61. The rules applicable to Medical Officers shall apply, as far as may be appropriate, to Dental Officers.
Punishment for minor offences by detained persons.
62. A Superintendent may punish any detained person found after dueenquiry to be guilty of a minor offence as hereinafter specified by ordering himto undergo one or more of the following punishments —
(a) confinement in a punishment cell for a term not exceeding 5 days on punishment diet;
(b) deprivation for such period as the Superintendent may think fitof any privilege, whether relating to food, books clothing, luxuries of anydescription, letters, visitors, or any other matter whatever, of which he may bein enjoyment; or
(c) reprimand.
Punishment for aggravated offences by detained persons.
63. A Superintendent may punish any detained person found after dueenquiry to guilty of an aggravated offence as hereinafter specified by orderinghim to undergo one or more of the following punishments —
(a) confinement in a punishment cell for a term not exceeding 7 days on punishment diet;
(b) deprivation for such period as the Superintendent may think fitof any privilege, whether relating to food, books, clothing, luxuries of anydescription, letters, visitors, or any other matter whatever, of which he may bein enjoyment; or
(c) reprimand.
Minor offences.
64. The following shall be deemed to minor offences —
(a) shouting or making unnecessary noise within a place ofdetention;
(b) quarrelling with any other detained person;
( c) assaulting or taking part in any attack on any other detainedperson;
(d) doing any act or using any language calculated to wound oroffend the feeling and prejudices of any other detained person;
(e) using any abusive or indecent language or indulging in anyindecent act or gesture;
(f) committing any nuisance in any place of detention;
(g) treating with disrespect any Judge, Magistrate, Justice of thePeace or other person lawfully visiting any place of detention, or any officeror person employed in or in connection with place of detention;
(h) refusing without reasonable excuse to eat the food provided inthe place of detention;
(i) wilfully destroying food or throwing it away without orders;
(j) omitting or refusing to keep his person clean or disobeying any order designed to preserve the health of detained persons;
(k) tampering in any way with books, lights or other fixture orfittings in a place of detention;
(l) stealing or without reasonable excuse interfering with the clothing or property of any other detained person;
(m) spitting on or otherwise soiling any floor, door, wall or otherpart of the place of detention or any article therein;
(n) wilfully or negligently damaging or destroying any article or thing whatsoever assigned for his use or entrusted to him by theauthorities of the place of detention;
(o) wilfully or negligently damaging or destroying any Governmentproperty to which he may have access;
(p) malingering;
(q) refusing to undergo medical treatment;
(r) refusing or neglecting to comply with any reasonable order ordirection brought to his notice in any manner;
(s) making any false accusation against any officer or any personemployed in or in connection with a place of detention;
(t) any other act, conduct, disorder or neglect which may reasonably be considered to be to the prejudice of good order or disciplinethrough not specified in the foregoing paragraphs.
Aggravated offences.
65. The following shall be deemed to be aggravated offences—
(a) mutiny;
(b) escape or attempt to escape;
(c) taking part in any assault or attack on any Judge, Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;
(d) aggravated or repeated assault on any other detainedperson;
(e) aiding or abetting the commission of any aggravated offence;
(f) inciting the commission of any offence;
(g) the commission of any minor offence by any person who has on 2or more previous occasions been punished under rule 62 of these Rules.
Medical examination before punishment.
66. Every detained person sentenced to dietary punishment shall besent to the Medical Officer for examination, and a certificate that itsinflication will not, in his opinion, be injurious to health shall be obtainedby the Superintendent before it is carried out.
Full diet after 3 days punishment diet.
67. Wherever a detained person is sentenced to undergo close confinement in a punishment cell for a period exceeding 3 days on apunishment diet, he shall be given full diet on every fourth day.
Maximum period of close confinement.
68. Confinement in the punishment cells shall not exceed an aggregateof 9 days in a year for any one detained person and the execution of any 2consecutive sentences shall be separated by a period not shorter than the longerof such sentences.
Visits to detained persons in cells.
69. A detained person sentenced to confinement in a punishment cellshall see no one save officers in the execution of their duty, a Minister ofReligion, his legal adviser, and the Medical Officer, and shall only have such out-door exercise as the latter certifies is absolutely necessaryfor health. Every detained person confined in a punishment cell or subjected topunishment diet shall be visited at least once a day by the Superintendent andthe Medical Officer, and if he is confined in a punishment cell he shall bevisited by the appointed officer at intervals of not more than 3 hours duringthe day.
Luxuries.
70. So far as may be reasonably practicable, and subject to the directions of a Superintendent as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline, provided that all such articles must be received or brought through the Superintendent, who may impound any article the possession of which is prohibited by the rules of the place of detention or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place of detention.
Books etc.
71. (1) A person under detention may, as far as is consistent withthe proper discipline of the place of detention, have the use of books andpaper, provided that all such articles are received or procured through theSuperintendent.
(2) A Superintendent may detain any paper or book which, in his opinion,contains any objectionable matter.
(3) A person under detention may be allowed to listen to radio programmes emanating from a communal receiver under the control of theSuperintendent.
Visits.
72. (1) A detained person may, consistent with the proper disciplineof the place of detention and subject as is hereinafter provided, be allowedvisits from his relatives and friends.
(2) No detained person shall, except with the express permission of the Superintendent, receive more than one visit a week.
(3) Not more than 3 persons shall be admitted to visit a detained person at any one time.
(4) No visit shall last more than 30 minutes.
(5) A Superintendent or an officer, or in the case on a visit to a female, awardress, shall together with an interpreter in any case where such officer doesnot understand the language spoken, be in sight and hearing during the whole ofany visit to detained person, unless the Superintendent by an order in writingsees fit to dispense with any of the above requirements.
(6) A Superintendent may remove from a place of detention any visitor to adetained person if the conduct of such visitor or detained person isimproper.
Visitors may be searched.
73. (1) Every visitor to a detained person shall furnish theSuperintendent or an officer authorised by the Superintendent with his name andaddress and, if the Superintendent or such officer has ground for suspicion, hemay search or cause to be searched male visitors and may direct a female officerto search female visitors, but such search shall not take place in the presenceof any detained person or of another visitor.
(2) If any visitor refuses to be searched or if a Superintendent or suchauthorised officer is of opinion that the admission of such visitor would beprejudical to security or good order in the place of detention, theSuperintendent or such officer may deny him admission, recording the grounds ofhis refusal in the Journal.
74. (1) A Superintendent or an officer authorised by him shall read every letter written by or addressed to any detained person and if he considers it to contain any objectionable matter he shall detain it.
(2) The decision of the Superintendent shall be final.
Board of Inspection.
75. (1) The Minister may appoint any 2 or more persons to constitute a Board of Inspection (hereinafter referred to as “the Board”) for the place of detention.
(2) The Board may visit the place of detention at any time and shall visitthe place of detention at least once in every month.
(3) The Board shall be entitled to inspect any part of the place ofdetention and shall in particular visit the sick in hospital and enquire intothe condition of persons undergoing punishment in cells.
(4) The Board shall hear any complaint (not being a complaint relating to the validity of a detention order or relating to the grounds onwhich a detention order was made) which any detained person may wish to make,and it shall be the duty of the Superintendent to inform the Board of anydetained person who wishes to make a complaint. The hearing of a complaint shallbe as informal as possible.
Inspection of parcels.
76. The Superintendent shall open and inspect the contents of everyparcel received by a person detained in a detention camp and may impound anyarticle the possession of which is prohibited by the rules of the camp or whichin his opinion is likely to be dangerous to health or life or to facilitateescape from the place of detention.
Work in detention camp.
77. Every person detained in a detention camp shall do such work, notof a severe or irksome nature, if he so desires, provided that —
(a) the total hours of work shall not exceed 8 in any one day;and
(b) no detained person shall be required to do any work (exceptsuch as may be necessary for keeping his room, furniture and utensils clean and the place of detention clean and in order and for the preparationof food) on the weekly days of rest observed in Brunei Darussalam at the timebeing, or on any public holiday.
Pay for work performed.
78. Every such detained person doing any work in accordance with these Rules shall be paid in respect of any work, other than work necessary for keeping his room, furniture and utensils clean and in good order at the rate laid down by the Minister.
School classes and library.
79. Every person detained in a place of detention be entitled toattend school classes organised for such place by the Superintendent and to makeuse of the library, established in such camp by the Superintendent in accordancewith such rules of such library as may be made by the Superintendent.
Penalty for certain offences in detention camp.
80. Any detained person, detained in a place of detention, who—
(a) has been punished under rule 63 of these Rules for thecommission of an aggravated offence under rule 65 of these Rules; and
(b) commits subsequent aggravated offences under rule 65 of theseRules,
shall on conviction be liable to 2 years imprisonment.
Jurisdiction.
81. A Court of a Magistrate shall have jurisdiction to pass anysentence prescribed by rule 80 of these Rules.
Production of detained persons before a Court.
82. (1) Whenever the presence of a detained person is required by anyCourt of civil or criminal jurisdiction such Court may issue an order addressedto the Director requiring production before the Court of such person at the timeand place to be named in such order, and the said Director shall cause theperson named in such order to be brought up as directed, and every such Courtmay by endorsement on such order require the person named therein to be againbrought up at any time to which the matter wherein such person is require may beadjourned.
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(2) Every such order issued from the Supreme Court may be signed by aRegistrar of the Court; and if issued by any other Court shall be signed by theMagistrate, as the case may be.
Rules not to apply to detained persons in prison.
83. Where the place of detention of a detained person is a prison appointed under section 2 of the Prisons Act (Chapter 51), these Rules shall not apply to such detained person or to such prison but the Prison Rules shall apply to such detained person in such prison.
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