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NATIONAL REGISTRATION ACT
(CHAPTER 19)
NATIONAL REGISTRATION REGULATIONS
S 147/64
Amended by
S 170/74
S 1/77
S 48/00
REVISED EDITION 2002
(1st June 2002)
SUBSIDIARY LEGISLATION
NATIONAL REGISTRATION REGULATIONS
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation.
2. Persons to be registered.
2A. Requirement to register.
3. Registration of persons who ceased to be exempted fromregistration.
4. Registration of photographs, finger impressions or signatures andparticulars.
5. Issue of identity cards.
6. Responsibility for custody of identity card.
7. Production and inspection of identity card.
8. Production of identity card on issue of licence etc.
9. Alteration to identity card prohibited.
10. Register.
11. Register not to be open to public inspection.
12. Loss of identity card.
13. Change of name and address, correction of particulars etc.
14. Return of identity card on death of holder.
15. Surrender of identity card on leaving Brunei Darussalam.
16. Replacement within 5 years of an identity card.
17. Replacement within 10 years of an identity card.
18. Fees.
19. Publication of information derived from register.
20. Registration officer may call for further information.
21. Arrest and search.
22. Proof of records.
23. No presumptions concerning contents of identity cards etc.
24. Offences and penalties.
25. Exempted persons.
26. Duties of hotel keepers etc.
27. Duties of pawnbroker.
28. Duties of licensed dealer in second-hand goods.
29. Destruction of documents etc.
SCHEDULE — FEES
__________________________
SUBSIDIARY LEGISLATION
Regulations under section 6
NATIONAL REGISTRATION REGULATIONS
Commencement: 1st March 1965
[S 146/65]
Citation.
1. These Regulations may be cited as the National RegistrationRegulations.
Persons to be registered.
2. (1) All persons within Brunei Darussalam on the 1st day of March1965, the date of the coming into operation of the National Registration Act,(except such persons as are exempted under regulation 25) shall within a periodof one year from the aforesaid date report to a Registration Officer andregister in accordance with these Regulations.
(2) All persons entering Brunei Darussalam after the date of the coming into operation of the National Registration Act (except such persons asare exempted under regulation 25) shall within a period of 30 days of entry intoBrunei Darussalam, register in accordance with these Regulations.
Requirement to register. [S 48/00]
2A. Every person required to register or re-register under the Act shall report to a registration officer and register in accordancewith these Regulations.
Registration of persons who ceased to be exempted fromregistration.
3. Every person within Brunei Darussalam who ceases to be exemptedfrom registration under the provisions of regulation 25 shall within 30 days ofceasing to be exempt as aforesaid, report to a registration officer and registerin accordance with these Regulations.
Registration of photographs, finger impressions or signatures andparticulars.
4. Any person required to register or re-register under regulation 2or 3 shall —
[S 48/00]
(a) deliver to the registration officer 2 unmounted duplicatephotographs showing a true likeness of himself taken in accordance with theconditions laid down in the National Registration (Control of Photographs)Regulations, or submit to all steps as may be reasonably necessary for thetaking of photographs of himself in accordance with any directions given by theregistration officer;
(b) submit to all such steps as may be reasonably necessary for thetaking and recordings of his finger impressions;
(c) give the following particulars to the registration officer as aforesaid, namely —
(i) his name, or, if he is known by different names, each of such names,in full, and in the case of Chinese names the characters for such names, ifknown;
(ii) the full address of his parmanent place of residence, or, if suchplace is not within Brunei Darussalam, the full address of any temporary placeof residence within Brunei Darussalam;
(iii) his race;
(iv) his place of birth;
(v) his date of birth and sex;
(vi) his physical abnormalities, if any;
(vii) his status as a citizen of Brunei Darussalam, or other citizenshipstatus;
(viii) his blood group; and
[S 48/00]
(ix) such other particulars as the registration officer may in anyparticular case consider necessary for purposes of identification;
[S 48/00]
(d) produce such documentary evidence as the registration officermay consider necessary to support the accuracy of any particulars submitted;
(e) surrender his previous identity card, if any.
[S 48/00]
Issue of identity cards.
5. (1) The registration officer may at his discretion issue to theperson giving the particulars referred to in regulation 4 an identity card asprescribed in sub-regulation (2) of this regulation (hereinafter in theseRegulations called an “identity card”) containing a copy of suchperson’s photograph, finger impressions, his blood group and such otherparticulars as may be necessary for his identification.
[S 48/00]
(2) An identity card shall be in such form as the Commissioner may deviseand shall be issued in the following colours —
[S 48/00]
(a) yellow bordered cards with yellow printing to subjects of His Majesty the Sultan and Yang Di-Pertuan;
(b) purple bordered cards with purple printing to persons who arenot subjects of His Majesty, permanently resident in Brunei Darussalam;
[S 48/00]
(c) green bordered cards with green printing to persons lawfully entering Brunei Darussalam otherwise than as permanent residents.
(3) In this regulation — [S 48/00]
“finger impression” includes an image, in the likeliness of athumb or finger impression reproduced from data acquired by electronic,photographic or similar means and stored by means of a computer or other likeinstrument;
“photograph” includes an image in the likeliness of a photographreproduced from data acquired by electronic, photographic or similar means andstored by means of a computer or other like instrument.
Responsibility for custody of identity card.
6. The person to whom an identity card has been issued shall subjectto the provisions of these Regulations, be responsible for the custodythereof.
Production and inspection of identity card.
7. (1) Any registration officer, immigration officer, police officer, officer of customs, officer of the Narcotics Control Bureau or the Anti-Corruption Bureau (refered to in this regulation as the inspecting officer), and any other officer or class or description of officer authorised in writing in that behalf by the Commissioner, may at any time require any person (not being a person exempted under regulation 25) to produce his identity card for inspection, or to produce it within such time, to such person and at such place as the person making such requirement may think fit. The inspecting officer may retain the identity card for the purpose of investigations.
[S 48/00]
(2) Any officer, other than a police officer in uniform, purporting to actunder the provisions of sub-regulation (1) shall, if so requested by any personfrom whom he has required the production of an identity card, produce forinspection by that person the written authority under which he purports to beacting.
Production of identity card on issue of licence etc.
8. Any authority to whom a person required to be registered or re-registered under these Regulations applies for the grant of any licence, permit or other document or for the exercise of its lawful functions, may in its discretion require the applicant to produce his identity card; and if such applicant when so required does not produce to such authority his identity card or other proof to the satisfaction of that authority that he has been so registered or exempted from registration under the provisions of these Regulations the authority may, in its discretion, defer consideration of such application until the applicant produces either his identity card or such other proof.
[S 48/00]
Alteration to identity card prohibited.
9. No person, other than a registration officer acting in the courseof his duty as such, shall make any mark or endorsement or entry upon or erase,tamper, cancel or alter any mark, endorsement or entry contained in, orotherwise deface or destroy an identity card or its duplicate, or transfer anidentity card.
Register.
10. (1) The duplicate of all identity cards shall form the register,and shall be filed in numerical sequence.
(2) The register shall be kept in a Central Registry.
(3) A separate register shall be kept in the Central Registry of all personsregistered under these Regulations who have reported their change of name in accordance with regulation 13.
Register not to be open to public inspection.
11. (1) The register shall not be open to inspection by thepublic.
(2) No public officer, other than one duly authorised by the Commissioner inthat behalf, or a police officer carrying out a police investigation underChapter XIII of the Criminal Procedure Code (Chapter 7), may inspect theregister, but extracts therefrom may at the discretion of the Commissioner beissued to public officers or, upon payment of a fee of $20, to any member of thepublic.
[S 48/00]
Loss of identity card.
12. (1) When an identity card is lost or destroyed, or defaced so thatthe particulars or some of the particulars thereon are no longer decipherable,the person to whom the card relates shall without undue delay report the fact tothe nearest registration office and apply for a replacement identity card.
(2) A replacement identity card may be issued in place of the one lost,destroyed or defaced on such condition or conditions as may be imposed by theCommissioner.
(3) (a) If any person, after notifying the loss of his identitycard, subsequently recovers possession of the same identity card, he shall forthwith notify the registration officer of such recovery and retainit, provided that no replacement card has in the meantime been prepared andissued from the Central Registry;
(b) If any person recovers possession of his identity card after areplacement card has been issued to him, he shall surrender the card recoveredfor cancellation.
(4) Any person who finds or comes into the possession of an identity cardwhich does not belong to him shall, without undue delay, deliver it either tothe person to whom it relates or to the nearest registration office, policestation, post office, penghulu, or put in into a receiving box for the depositof postal articles.
Change of name and address, correction of particulars etc.
13. (1) A person registered under these Regulations who —
(a) changes his name; or
(b) has in his possession an identity card containing anyparticulars other than his address which are to his knowledge incorrect,
shall forthwith report the fact to the nearest registration office and applyfor a replacement identity card with the correct particulars.
(2) Any person registered under these Regulations who reports the fact of any change of name under sub-regulation (1) shall supply theregistration officer with a statutory declaration to the effect that he therebyabsolutely renounced and abandoned the use of his former name and in lieuthereof assumed a new name, and the registration officer shall retain suchstatutory declarations and cause it to be filed in such manner as theCommissioner shall direct.
(3) Before a registration officer issues a replacement identity cardto a person registered under these Regulations who has changed his name, heshall enter or cause to be entered into the register referred to in regulation10(3), the former name of such person and the new name he adopts by statutorydeclarations together with such other particulars as the Commissioner maydirect.
(4) A registration officer or a police officer may, at his discretionrequire a person in possession of an identity card which, in the opinion of suchregistration officer or police officer, is in any way unsatisfactory for thepurposes of identification of that person, to surrender such card and apply forthe issue of a replacement identity card.
Change of residence.
(5) (a) Any person registered under these Regulations who changeshis permanent place of residence shall report such change to the Commissionerwithin 14 days thereof, in such form as the Commissioner may require, and whichshall be duly completed and posted to the Commissioner of National Registration, Central Registry, Brunei Darussalam, free of postage;
[S 48/00]
(b) On receipt of a report of change of permanent place of residenceat the Central Registry, the Commissioner shall send an acknowledgement cardwhich shall be retained by such person as proof of the report of change havingbeen made.
[S 48/00]
Return of identity card on death of holder.
14. Upon the death of a person to whom an identity card was issued,the person in possession of his identity card shall at the time of reporting thedeath to a Registrar of Births and Deaths, or, within 3 days after the date ofthe death, deliver the identity card to the said Registrar, who shall in turnforward the recovered identity card together with particulars of the death soreported to the Commissioner of National Registration.
Surrender of identity card on leaving Brunei Darussalam.
15. (1) Any person registered under these Regulations intendingto leave Brunei Darussalam permanently shall, within 30 days of his intended departure from Brunei Darussalam, report the date and place of hisdeparture, produce his travel documents for inspection and surrender his identity card to a registration officer or, in exceptionalcircumstances, to an immigration officer, police officer or officer of customsat the place of departure, in return for a receipt therefor to be issued by suchofficer in such form as the Commissioner may devise.
[S 48/00]
(2) Sub-regulation (1) shall not apply to subjects of His Majesty and suchother persons as the Minister with the approval of His Majesty the Sultan andYang Di-Pertuan may by order exempt.
[S 48/00]
Replacement within 5 years of an identity card.
16. Any person who has obtained his identity card or replacement thereof before attaining the age of 17 years shall re-registerwithin a period not exceeding 5 years from the date of his firstregistration.
Replacement within 10 years of an identity card.
17. Any person of the age of 17 years and above who has obtained hisidentity card or a replacement thereof shall re-register within the tenth yearfrom the date of his last preceding registration.
Fees.
18. (1) A registration officer shall charge a fee for the issue orreplacement of an identity card, and such fee shall be payable as prescribed inthe Schedule in such manner as the Commissioner may direct.
[S 48/00]
(2) A registration officer may at his discretion waive the payment of anyfee required to be paid under this regulation on the ground of poverty or anyother special circumstances.
(3) The Minister may, by order which shall be published in the Gazette, amend the Schedule as he may think appropriate.
[S 48/00]
Publication of information derived from register.
19. The Commissioner may, at his discretion, cause to be published anyinformation derived from the register.
Registration officer may call for further information.
20. (1) A registration officer may, for the purpose of carrying out the provisions of these Regulations and any other hereunder —
(a) call upon any person to appear before him to answer any questionwhich he may consider it reasonably necessary to ask him for such purpose;
(b) require any person applying for registration to make such further declaration or supply such further particulars ordocuments as he may reasonably require;
(c) impound any document produced to him in connection with anyapplication for registration if the has reason to doubt its genuineness orcorrectness or the validity of its issue.
(2) A registration officer may administer any affirmation or statutorydeclaration which may be required for the purposes of these Regulations, and anyperson summoned before him under this regulation may be examined by him onaffirmation.
Arrest and search.
21. (1) When any person reasonably suspected of the commission of anyoffence against these Regulations or any order hereunder, on the demand of aregistration officer, Senior Immigration Officer or police officer —
(a) does not give his name and residence; or
[S 48/00]
(b) gives a name or residence which such officer has reason tobelive is false; or
(c) gives as his residence a place outside Brunei Darussalam, he may be arrested without warrant by such officer.
(2) Any police officer or Senior Immigration Officer may without warrant andwith or without assistance —
[S 48/00]
(a) enter and search any premises;
(b) stop and search any vessel, vehicle or individual, whether in apublic place or not,
if he suspects that any evidence of the commission of an offence againstthese Regulations is likely to be found on such premises or individual, or insuch vehicle, and may seize any evidence so found.
(3) No woman shall be search under this regulation except by a woman.
Proof of records.
22. Any document purporting to be —
(a) a certificate under the hand of a registration officercertifying that any return required to be made to him under these Regulations orany orders made hereunder has not been made; or
(b) a statement as to the contents of the register or any book orrecord kept for the purposes of carrying out the provisions of theseRegulations, under the hand of the commissioner or of a registration officerhaving custody of such register, book or record; or
(c) a certificate under the hand of a Registrar of Criminals thatany finger prints are the finger prints of a person specified in suchcertificate.
shall be prima facie evidence of the facts stated in such certificateor, as the case may be, of the contents of such register, book or record.
No presumptions concerning contents of identity cards etc.
23. (1) The burden of proving the truth of the contents of anywritten application for registration under these Regulations, or the contents ofan identity card, shall be on the applicant, or on the person to whom suchidentity card has been issued, or on any other person alleging the truth of suchcontents.
(2) Where any person claims that he is an exempted person the burden ofproving such fact shall lie upon him.
Offences and penalties.
24. (1) Any person who —
(a) being a person liable to registration under these Regulationsfails to register or re-register at or within the time prescribed by orin pursuance of these Regulations;
[S 48/00]
(b) in giving any particulars referred to in regulation 4 (andwhether or not he is a person required to register or re-register underregulation 2 or 3) makes any statement or gives any information which is falsein any material particular, and which he either knows or believes to be false ordoes not believe to be true;
[S 48/00]
(c) fails to comply with a summons or requisition of a rgistrationofficer made under regulation 20;
(d) without lawful authority makes any mark or entry upon, orerases, cancels, tampers or alters any mark or entry contained in, or otherwisedefaces or destroys an identity card, or any part of the register kept in theCentral Registry, or transfers an identity card;
(e) without lawful authority or reasonable excuse knowingly obtainsor is in possession of more than one identity card, or is in possession of ormakes use of a forged identity card or an identity card other than his own;
(f) fails to comply with any of the provisions of regulation 7, 9, 12, 13, 14, 15, 16 or 17;
(g) sends or takes out of Brunei Darussalam contrary tosub-regulation (1) of regulation 15 any identity card unless he has beenexempted from such obligation under sub-regulation (2) of regulation 15;
(h) being a parent or guardian of a person under the age of 16years, conduces, by neglect or otherwise, to the commission of an offenceagainst these Regulations by such person;
(i) unlawfully issues an identity card;
(j) forges or reproduces an identity card;
(k) being a public officer, except in the public interest and withthe permission of the Commissioner, or for the purpose of criminal proceedings,publishes or communicates to any person any information contained in theregister or any book or record made under or for the purpose of carrying out theprovisions of these Regulations;
(l) unlawfully deprives any person of an identity card;
[S 48/00]
[S 48/00]
(m) aids or abets the commission of any offence against theseRegulations;
(n) without lawful authority, parts with possession of an identitycard to any person; or
[S 48/00]
(o) unlawfully issues or reproduces an identity card or any partthereof,
[S 48/00]
shall be guilty of an offence and shall be liable on conviction toimprisonment for 2 years, a fine of $5,000 or both.
[S 48/00]
(2) Every offence under paragraph (a) , (d), (e), (i), (j) or (l ) of sub-regulation (1) shall be seizable for the purpose of the law relating to criminal procedure.
(3) The Commissioner may in his discretion compound any offence punishableunder paragraph (a) or (h) of sub-regulation (1), by acceptingfrom the person reasonably suspected of having committed such offence a sum ofmoney not exceeding $200.
[S 48/00]
Exempted persons.
25. None of the following persons shall be required to register under these Regulations —
(a) His Majesty the Sultan and Yang Di-Pertuan, Raja Isteri, Pengiran Muda Mahkota, Princes, Princesses and Wazirs;
(b) a child under the age of 12 years;
(c) a bona fide traveller who is in possession of a validpassport or other travel document or official document of identity that has beenstamped by an immigration officer of Brunei Darussalam to show that he ispermitted to remain in Brunei Darussalam for a period of 3 months or less, orthat he is in transit;
(d) any serving member of the Armed Forces of Brunei Darussalam, orof any local force established under any written law in force in BruneiDarussalam, or of any visiting force lawfully present in Brunei Darussalampursuant to any treaty, agreement or arrangement to which Brunei Darussalam is aparty, in possession of the official identity card or other document of identitynormally issued to members of such forces;
(e) any police officer, other than a Special Police Officer orSpecial Constable;
(f) Members of the diplomatic staff and members of the administrative and technical staff of a diplomatic mission of any foreign State including members of their families forming part of their respective households as these expressions are defined for the purposes of the Diplomatic Privileges (Vienna Convention) Act (Chapter 117) and present in Brunei Darussalam; and Consular Officers and Consular Employees and members of their families forming part of their respective households as these expressions are defined for the purposes of the Consular Relations Act (Chapter 118) and present in Brunei Darussalam:
Provided that such persons are not nationals or permanent residents of Brunei Darussalam.
(g) such persons as His Majesty in Council may by order exempt either absolutely or subject to such conditions as may be prescribedtherein from the provisions of the Act and these Regulations.
Duties of hotel keepers etc. [S 48/00]
26. (1) The owner, manager or other person in charge of a hotel,boarding house, hostel or other like dwelling place shall not accommodateany person, other than a person exempted from registration orre-registration under regulation 25, unless he is in possession of an identitycard issued to him and produces it at the time of his request foraccommodation to the owner, manager or other person.
(2) Where any person seeks accommodation at any hotel, boarding house,hostel or other like dwelling place and is not in possession of, or fails toproduce, an identity card issued to him, it shall be the duty of the owner,manager or other person in charge thereof to notify the nearest police stationof the fact immediately.
(3) Where any person seeks accommodation at any hotel, boarding house,hostel or other like dwelling place and claims to be a person exempted underregulation 25 from the duty to register or re-register, the owner, manager orother person in charge thereof shall take all reasonable steps to satisfyhimself that the person claiming such exemption is entitled in law to theexemption before providing accommodation for him.
(4) Any owner, manager or person in charge of a hotel, boarding house,hostel or other like dwelling place who accommodates any person in contraventionof this regulation or fails or neglects to notify the police in accordance withsub-regulation (2) shall be guilty of an offence.
Duties of pawnbroker. [S 48/00]
27. A pawnbroker shall not take any article in pawn unless —
(a) the person offering to pawn the article produces for theinspection of the pawnbroker his identity card; and
(b) the number of the identity card is entered in the booksrequired to be kept by the pawnbroker under the Pawnbrokers Act (Chapter 63) orany rules made thereunder.
Duties of licensed dealer in second-hand goods. [S 48/00]
28. A licensed dealer in second-hand goods shall not buy any goodsunless —
(a) the person offering to sell the goods produces for theinspection of the licensed dealer his identity card; and
(b) the number of the identity card is entered in the books requiredto be kept by the licensed dealer under the Second-hand Dealers Act (Chapter 65)or any rules made thereunder.
Destruction of documents etc. [S 48/00]
29. The Commissioner may order the destruction of identity cards,photographs, finger impressions, information and documents furnished by the applicants which are in his possession when he considers that suchidentity card, photographs, finger impressions, information or documents areobsolete, invalid or no longer required.
SCHEDULE regulation 18(1) FEES
[S 48/00]
1. Issue of identity card
(a) to a subject of His Majesty the Sultan and Yang Di-Pertuan $ 10
(b) to a non-subject of His Majesty the Sultan and Yang Di-Pertuan $ 15
2. Replacement of identity card
(a) to a subject of His Majesty the Sultan and Yang Di-Pertuan $ 10
(b) to a non-subject of His Majesty the Sultan and Yang Di-Pertuan $ 15
3. Replacement of lost identity card
(a) first replacement $ 20
(b) second replacement $ 50
(c) third and subsequent replacement $100
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