|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Brunei Legislation |
[Database Search] [Name Search] [Noteup] [Download] [Help]
LAWS OF BRUNEI
CHAPTER 148
PUBLIC ORDER ACT
13 of 1983
1984 Ed. Cap. 148
Amended by
S 10/84
S 10/91
S 14/93
S 12/98
REVISED EDITION 2002
(30th November 2002)
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Citation.
2. Interpretation.
3. Special areas.
PART II
CONTROL OF UNIFORMS, FLAGS, QUASI MILITARY ORGANISATIONS,ILLEGAL DRILLING, MEETINGS, PROCESSIONS AND ASSEMBLIES ETC.
Control of uniforms and flags etc.
4. Prohibition of uniform in connection with political objects.
5. Display of flags by societies.
6. Power to prohibit flags, uniforms etc.
Quasi military organisations and illegal drilling
7. Prohibition of quasi military organisation.
8. Illegal drilling.
Meetings, processions and assemblies
9. Permits required for meetings and processions in a publicplace.
10. Powers of the Minister.
11. Powers to stop and disperse unlawful gatherings.
12. Offences and penalties.
PART III
POWERS FOR MAINTENANCE OF PUBLIC ORDER
Control and closure of roads etc.
13. Closing roads etc.
14. Barriers.
Curfews and exclusion orders in special areas
15. Imposition of curfews.
16. Exclusion of persons.
Power to control firearms and ammunition
17. Control of firearms and ammunition.
Powers of security forces in special areas
18. Power to detain suspected persons.
19. Powers to search for and seizure of offensive weapons etc.
20. Disposal of property seized under section 14 or 19.
21. Power to use force.
22. General power to seize certain articles etc.
23. Powers of members of security forces other than policeofficers.
PART IV
OFFENCES
Penalties for certain offences under Part III
24. Penalty for certain offences.
Unlawful oaths
25. Unlawful oaths to commit capital offences.
26. Other unlawful oaths to commit offences.
Offences relating to firearms and ammunition
27. Carrying firearm while drunk or disorderly.
28. Unlawful possession of firearms and ammunition.
Carrying offensive weapons and causing disturbance in publicplaces
29. Carrying offensive weapons in public places.
29A. Carrying etc. incediary device.
30. Disturbance in public places.
Subversive acts, words and articles
31. Subversive acts or words.
32. Importation, making etc. of subversive articles.
33. Possession of subversive articles.
False reports and public mischief
34. Dissemination of false report.
35. Public mischief.
Abetment and failure to report offences
36. Abetment and failure to report offences.
PART V
MISCELLANEOUS
37. Restriction on prosecution.
38. Seizability and bailability of offences.
39. Jurisdiction of Court of a Magistrate.
40. Publicity for certain orders and directions.
41. Application of section 36 of the Interpretation and General Clauses Act.
SCHEDULE — OFFENCES FOR THE PURPOSES OF SECTION21(1) (a) (iii)
_______________________
PUBLIC ORDER ACT
An Act to re-enact with modifications the law relating to the preservation of public order
Commencement: 1st November 1983
[S 18/83]
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Public Order Act.
Interpretation.
2. (1) In this Act, unless the context otherwise requires—
“ammunition” means ammunition for any firearm as hereinafterdefined and includes grenades, bombs and other like missiles whether capable ofuse with such a firearm or not, and any ammunition containing or designed oradapted to contain any noxious liquid, gas or other thing;
“article” means any description of article containingor embodying matter to be read or looked at or both, any sound record, and anyfilm, video cassette, photographic negative or other record of a picture;
“assembly” means any gathering of 5 or more persons;
“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,percussion-caps, detonators, cartridges, ammunition of all descriptions and every adaptation 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;
“injurious thing” means anything which is of such a nature or ispresent in such a quantity as to be capable of being used for causing orcontributing to the causing of injury to the person or to property;
“meeting” means an assembly held for the purpose of thediscussion of matters of public interest or for the purpose of the expression ofviews on such matters;
“Minister” means the Minister of Home Affairs;
“offensive weapon” includes any instrument which if used as aweapon of offence is likely to cause hurt;
“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 “Force” 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);
“procession” means a procession of 5 or more persons or 3 or morevehicles or vessels;
“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 force” means the police force, the Royal Brunei ArmedForces, Gurkha Reserve Unit any other armed force for the time being of BruneiDarussalam or any visiting force present for the time being in Brunei Darussalamby virtue of any written law or by virtue of any lawful arrangement made by oron behalf of the Brunei Darussalam Government; and
“subversive article” means any article which contains anysubversive matter and any article purporting to be a subversive article shall bepresumed to be a subversive article until the contrary is proved.
(2) For the purposes of this Act, any act, matter or word shall be deemedto be subversive if it —
(a) has a seditious intention within the meaning of the Sedition Act (Chapter 24);
(b) is likely to excite organised violence against persons orproperty in Brunei Darussalam;
(c) supports, propagates or advocates any act prejudicial to thepublic safety in Brunei Darussalam or the maintenance or restoration of publicorder therein, or incites or is likely to lead to violence therein, or counselsdisobedience to the law thereof or to any lawful order therein;
(d) incites or is likely to lead to feeling of ill will or hostilitybetween different races or classes of the population in BruneiDarussalam;
(e) is a record or account of or receipt for, or invites, requests ordemands support for or on account of any collection, subscription, contributionor donation, whether in money or in kind, for the direct or indirect benefit oruse of persons who intend to act or are about to act, or have acted, in a mannerprejudicial to the public safety in Brunei Darussalam or to the maintenance orrestoration of public order therein, or who incite to violence therein or counsel disobedience to the law thereof or any lawful ordertherein; or
(f) is likely to bring into hatred or contempt or to excitedisaffection against —
(i) any class of public servants, or any public servant in the execution ofhis duty; or
(ii) any armed force lawfully in Brunei Darussalam, or any member of suchforce in the execution of his duty.
(3) Any reference in this Act to a vehicle, vessel or aircraft shall notinclude any vehicle, vessel or aircraft for the time being employed for thepurposes of any security force.
Special areas.
3. (1) The Minister may, from time to time, by notification in the Government Gazette, declare that the sections (other than sections 14, 17 and 20) in Part III and section 28 or that any of such sections (other than sections 14, 17 and 20) shall have effect in any district, area or place specified in such declaration.
(2) In any section which has effect for the time being by virtue of adeclaration under subsection (1) “special area” means any district,area or place in which that section has effect as aforesaid.
PART II
CONTROL OF UNIFORMS, FLAGS, QUASI MILITARY ORGANISATIONS,ILLEGAL DRILLING, MEETINGS, PROCESSIONS AND ASSEMBLIES ETC.
Control of uniforms and flags etc.
Prohibition of uniform in connection with political objects.
4. (1) Any person who in any public place or at any public meetingwears uniform signifying his association with any political organisation or withthe promotion of any political organisation or with the promotion of anypolitical object shall be guilty of an offence: Penalty, imprisonment for 2years and a fine of $3,000:
[S 10/91]
Provided that if the Minister is satisfied that the wearing of any such uniform as aforesaid on any ceremonial anniversary or other special occasion will not be likely to involve risk of public disorder, he may grant written permission for the wearing of such uniform on that occasion either obsolutely or subject to such conditions as he may specify in such written permission.
(2) Any person who contravenes the conditions of any permission grantedunder the proviso to subsection (1) shall be guilty of an offence: Penalty,imprisonment for 2 years and a fine of $3,000.
[S 10/91]
Display of flag by societies.
5. (1) In this section, “society” has the same meaning as in the Societies Act (Chapter 66).
(2) No society shall adopt any flag as its personal flag unless such flag (hereinafter referred to as an “society flag”) has been approved by His Majesty in Council by notification in the Government Gazette; and His Majesty in Council may specify in such notification the conditions in or under which such society flag may be displayed.
(3) If any society adopts as its society flag a flag which has not beenapproved by His Majesty in Council under subsection (2), the president, and thesecretary and all members of the committee, or if such officers do not exist,then all persons holding position analogous to those of president, secretary,and member of committee, and all persons managing or assisting in the managementof such society shall be guilty of an offence: Penalty, imprisonment for 3 yearsand a fine of $5,000.
[S 10/91]
(4) Any person who displays any society flag —
(a) which has not been approved by His Majesty in Council undersubsection (2); or
(b) in contravention of any conditions imposed by His Majesty inCouncil under subsection (2),
shall be guilty of an offence: Penalty, imprisonment for one year and a fine of $1,000.
[S 10/91]
Power to prohibit flags, uniforms etc.
6. (1) If he considers it expedient in the public interest, theMinister may by order published in the Government Gazette prohibit themanufacture, sale, use, display or possession of any flag, banner, badge,emblem, device, uniform or distinctive dress.
(2) Any person contravening any provision of an order made under thissection shall be guilty of an offence: Penalty, imprisonment for 3 years and afine of $5,000.
(3) Any article in respect of which an offence has been committed underthis section may be seized and destroyed or otherwise dealt with as theCommissioner of Police may direct, whether or not the identity of theoffender is known and whether or not any prosecution has been commenced inrespect of the offence.
Quasi military organisations and illegal drilling
Prohibition of quasi military organisation.
7. (1) If the members or adherents of any association of persons, whether incorporated or not, are organised, trained or equippedfor the purpose of enabling them to be employed —
(a) in usurping the functions of any security force; or
(b) either for the use or display of physical force in promoting any political or other object, or in such a manner as to arousereasonable apprehension that they are organised or trained or equippedfor that purpose,
then any member or adherent of such association shall be guilty of anoffence: Penalty, imprisonment for 3 years and a fine of $5,000; and any personwho promotes or conspires with another to promote, or who takes part in thecontrol or management of the association, or in so organising or training asaforesaid any member or adherent thereof, shall be guilty of an offence:Penalty, imprisonment for 5 years and a fine:
Provided that, in any proceedings against any person charged with the offenceof taking part in the control or management of such an association as aforesaid,it shall be a defence to that charge to prove that he neitherconsented to, nor connived at, the organisation, training or equipment of anymember or adherent of the association in contravention of this section.
(2) If, upon application being made by or on behalf of the AttorneyGeneral, it appears to the High Court that any association is an association ofwhich members or adherents are organised, trained or equipped incontravention of this section, the court may —
(a) make such order as appears necessary to prevent anydisposition without the leave of the court of property held by or for theassociation;
(b) direct an inquiry and report to be made as to any such property asaforesaid and as to the affairs of the association;
(c) make such further order as appears to the court to be just andequitable for the application of such property in or towards —
(i) the discharge of the liabilities of the association lawfullyincurred before the date of the application, or since the date with the approvalof the courts;
(ii) the repayment of moneys to persons who became subscribers orcontributors to the association in good faith and without knowledge of any suchcontravention as aforesaid; and
(iii) any costs incurred in connection with any such inquiry and report asaforesaid, or in winding-up or dissolving the association; and
(d) order that any property which is not directed by the court to beso applied as aforesaid shall be forfeited to the Government.
(3) In any criminal or civil proceedings under this section, proof ofthings done or of words written, spoken or published, whether or not in thepresence of any party to the proceedings, by any person taking part in thecontrol or management of an association or in organising, training orequipping members or adherents of an association, shall be admissible asevidence of the purposes for which, or the manner in which, members or adherentsof the association were organised, trained or equipped.
(4) If a magistrate is satisfied by information that there is reasonableground for suspecting that an offence under this section has been committed, andthat evidence of the commission thereof is to be found at any premises or placespecified in the information, he may by warrant authorise the person to whom itis directed to enter, with such assistance as may be required, the premises orplace, at any time within one month from the date of the warrant, if necessaryby force, and to search the premises or place and every person found therein,and to seize anything found on the premises or place, or on any such person,which the officer has reasonable grounds for suspecting to be evidence of thecommission of such an offence as aforesaid:
Provided that no woman shall, in pursuance of a warrant issued under thissubsection, be searched except by a woman.
(5) Nothing in this section shall be construed as prohibiting the employment of a reasonable number of persons as stewards to assist in the preservation of order at any public meeting held upon private premises with the permission of the owner of those premises, or the making of arrangements for that purpose, or the instruction of the persons to be so employed in their lawful duties as such stewards, or their being furnished with badges or other distinguishing signs.
Illegal drilling.
8. (1) Any person, other than a member of any security force or ofany association specially exempted by the Minister, who —
(a) is present at or attends any meeting or assembly for the purposeof training or of drilling themselves to the use of arms, or of being so trainedor drilled, or for the purpose of practising military exercises, movements orevolutions; or
(b) is present at or attends any such meeting or assembly for thepurpose of training or drilling any other person to the use of arms, or thepractice of military exercises, movements or evolutions,
shall be guilty of an offence: Penalty, imprisonment for 3 years and a fine of $5,000.
[S 10/91]
(2) Any person, other than a member of any security force or of anyassociation specially exempted by the Minister, who —
(a) trains or drills any other person to the use of arms or thepractice of military exercises, movements or evolutions; or
(b) takes part in the control or management of any association ororganisation whose members are trained or drilled in the practice of militaryexercises, movements or evolutions,
shall be guilty of an offence: Penalty, imprisonment for 8 years and a fineof not less than $8,000.
[S 10/91]
(3) Nothing in this section shall be construed as prohibiting the training or drilling in rehearsal of any persons for the sole purpose ofenabling them to march in a lawful procession.
Meetings, processions and assemblies
Permits required for meetings and processions in a public place.
9. (1) Any person who wishes to organise or convene a meeting or aprocession in a public place shall first (and not less than 7 days from the dateof the intended meeting or procession) make an application for a permit in thatbehalf to the Commissioner of Police.
(2) Where an application is made to the Commissioner of Police for a permitunder subsection (1) he shall, unless he is satisfied that such a meeting orprocession is likely to prejudice the maintenance of peace or good order, issuea permit specifying —
(a) in the case of a procession, the purpose for which, and the routesby which, and the times at which, such procession may pass, and such otherconditions as he may think fit to impose;
(b) in the case of a meeting, the purpose for which and the place andtime or times at or between while, such meeting may be held, and such otherconditions as he may think fit to impose; and
(c) the name or names of the person or persons to whom it isissued.
(3) Every person to whom a permit is issued under subsection (2) shall beresponsible for the due observance of all the conditions specified in thepermit.
(4) The Minister may, by order, published in the Government Gazette, exempt any class of meeting or procession, from all or any ofthe provisions of this section.
Powers of the Minister.
10. (1) If he considers it expedient in the interest of publicsafety and the maintenance of public order at any time, the Minister may, byorder —
(a) prohibit the organising, convening or holding of anyassembly in any place, whether such place is a public place or not, in any areaspecified in the order, either generally or subject to any specified conditions;or
(b) prohibit the organising, convening or holding of anymeeting or procession in any place, other than a public place, in any areaspecified in the order, either generally or subject to any specifiedconditions.
(2) Nothing in this section shall apply to any assembly or procession heldin a mosque, church, temple or other place of worship solely for the purposes ofa religious ceremony in accordance with the adopted rites of such mosque,church, temple or other place of worship.
Powers to stop and disperse unlawful gatherings.
11. (1) In this section and in sections 12 and 21 —
“unlawful meeting” and “unlawful procession” means respectively any meeting or any procession which has been organised or convened or is held —
(a) in contravention of section 9 or of any condition specified in apermit issued under section 9(1); or
(b) in contravention of an order under section 10 (b)
or of any condition specified in such order;
“unlawful assembly” means any assembly which has beenorganised or convened or is held in contravention of an order under section10( a) or of any condition specified in such order; and
“unlawful group” means an unlawful meeting or an unlawfulassembly.
(2) Any police officer not below the rank of inspector may —
(a) stop any unlawful procession; and
(b) order any unlawful group to disperse.
(3) Any unlawful group shall be deemed to be an unlawful assembly withinthe meaning of section 141 of the Penal Code (Chapter 22) and Chapter VIII ofthe Criminal Procedure Code (Chapter 7).
Offences and penalities.
12. (1) Any person who takes part in any unlawful group shall beguilty of an offence: Penalty, imprisonment for one year and a fine of$1,000.
[S 10/91]
(2) Any person who —
(a) takes part in organising, convening or directing anyunlawful group; or
(b) continues to take part in any unlawful group which has beenordered under section 11(2)( b) to disperse,
shall be guilty of an offence: Penalty, imprisonment for 3 years and a fine of $5,000.
[S 10/91]
PART III
POWERS FOR MAINTENANCE OF PUBLIC ORDER
Control and closure of roads etc.
Closing roads etc.
13. In any special area —
(a) if he considers it expedient in the interest of public safety andthe maintenance of public order, the Commissioner of Police or the officercommanding a Police District may by order or by giving directions or in any other manner he thinks fit regulate, restrict, control or prohibit the useof any road, street, path or waterway or any public place or close any road,street, path, waterway or public place to the public or any class of the publicor to any vehicle or vessel or class of vehicle or vessel;
(b) if it appears to the senior police officer present in any part of such area that, in order to restore or maintain public order in such place, it is necessary to regulate, restrict, control or prohibit the use of any road, street, path or waterway or any public place in or giving access to such part or to close any such road, street, path, waterway or public place and that the situation is too urgent to communicate with any officer having authority under paragraph (a) such officer may exercise the powers conferred by that paragraph on the Commissioner of Police or the officer commanding a Police District:
Provided that —
(i) the powers conferred by paragraph (b) shall not be exercised by apolice officer below the rank of sergeant or an officer in charge of a policestation; and
(ii) no order under paragraph (b) shall be valid after theexpiration of a period of 24 hours from the time when it was made unless made or confirmed by the Commissioner of Police or the officer commandingthe Police District having authority under paragraph (a) .
Barriers.
14. (1) Notwithstanding the provisions of any other written law, anyofficer in charge of a police station, or a police officer of or above the rankof inspector, may, for the purpose of giving effect to an order or directionmade under section 13, or whenever he considers it necessary so to do for thepreservation of law and order or for the prevention or detection of crime, erector place barriers in or across any road, street, path, waterway, or public placein such manner as he may think fit.
(2) Any police officer may take all reasonable steps to prevent any person,whether on foot or in a vehicle or vessel, from passing any such barrier andevery person shall comply with any direction or signal of such officer requiringsuch person to stop at or before reaching any such barrier.
(3) No police officer shall be liable for —
(a) any loss or damage to any vehicle or vessel; and
(b) any injury to any person,
if such loss, damage or injury results from the failure by any person to obey—
(i) any police officer acting under subsection (2); or
(ii) any member of any other security force acting under that subsection byvirtue of section 23(2) (b).
(4) Any police officer may, at any barrier, search any person, vehicle orvessel —
(a) for the purposes of ascertaining whether such person,vehicle or vessel is carrying any offensive weapon, subversive article orinjurious thing; or
(b) if such police officer has reasonable grounds for believing thatany evidence of the commission of an offence is likely to be found on suchperson or in such vehicle or vessel.
(5) No woman shall be searched under this section except by a woman.
(6) Where any police officer exercising any power of searchconferred on him by this section finds —
(a) any offensive weapon or subversive article;
(b) any injurious thing which he has reasonable grounds for believing to be intended or likely to be used for causing or contributing to thecausing of injury to the person or to property; or
(c) any evidence of the commission of an offence,
he may seize any such weapon, article, injurious thing or evidence and alsoany vehicle or vessel in which it is found.
Curfews and exclusion orders in special areas
Imposition of curfews.
15. (1) In any special area, the Commissioner of Police may,if he considers it expedient in the interests of public safety and themaintenance of public order, subject to such exceptions as may be specifiedtherein, by order require every person within the area or any part thereofspecified in such order to remain within doors during such period and betweensuch hours as may be specified therein unless in possession of a written permitin that behalf issued by any officer in charge of a police station or any otherpolice officer of or above the rank of inspector or any public officerauthorised in writing in that behalf by an officer commanding a PoliceDistrict.
(2) No order made under subsection (1) shall remain in force for a periodexceeding 3 days unless confirmed by the Minister.
(3) No order under this section shall apply to —
(a) any member of the Privy Council, Council of Ministers or of theLegislative Council; or
(b) any member of any security force when such member is acting in thecourse of his duty; or
(c) any person or class of persons exempted from the provisions ofsuch order by the Commissioner of Police.
Exclusion of persons.
16. (1) In any special area, the Commissioner of Police may, byorder exclude all persons or any class of persons from the area or any partthereof or from any place or building therein specified in such order and mayrequire any person who is in such area or part thereof or place or building tocomply with such directions for regulating his movement and conduct as the Commissioner of Police may direct.
(2) Any police officer may search any person entering or seeking to enter,or being in, the special area or part thereof or place or building, in respectof which an order under subsection (1) is for the time being in force and maydetain any such person for the purpose of searching him.
(3) No woman shall be searched under this section except by a woman.
(4) If any person whilst in a special area or part thereof or place orbuilding in respect of which an order under subsection (1) is for the time beingin force fails to comply therewith or with any direction giventhereunder then, without prejudice to any proceedings which may be taken againsthim, he may be removed from such area or part thereof or place or building by apolice officer.
(5) The powers conferred by subsection (1) may be exercised by any policeofficer not below the rank of inspector authorised in writing in that behalf bythe Commissioner of Police.
(6) The Minister may make an order, and may vary or cancel any order made by the Commissioner of Police, in exercise of the powers conferred bysubsection (1).
Power to control firearms and ammunition
Control of firearms and ammunition.
17. (1) If he considers it expedient in the public interests the Commissioner of Police may from time to time, notwithstanding that licenses or permits may have been issued under any writtenlaw in respect of such firearms and ammunition, by order published in the Government Gazette, prohibit the use, possession or custody offirearms and ammunition in any part of Brunei Darussalam during the continuanceof such order; and may, at the same time, give directions —
(a) for the taking into custody of firearms and ammunition;
(b) for the cancellation or suspension of licenses or permits forfirearms and ammunition during the continuance of such order;
(c) for the giving of notice of such order to any person who, in hisopinion, ought to have notice of it;
(d) generally for the carrying into effect of such order.
(2) Where firearms or ammunition have been taken into custody pursuant to directions given by the Commissioner of Police under subsection (1), hemay cause such firearms or ammunition to be destroyed or otherwise dispose of insuch manner as he shall think fit:
Provided that compensation in respect of any firearms or ammunition sodestroyed or dispose of shall be paid to the person who surrendered the same orto his agent or his successors but such compensation shall not exceed the valueof the firearms or ammunition at the time they were surrendered.
Powers of security forces in special areas
Power to detain suspected persons.
18. (1) If in any special area, any person upon being questioned bya police officer not below the rank of sergeant, fails to satisfy the policeofficer as to his identity or as to the purposes for which he is in the placewhere he is found, and if the police officer suspects that such person has actedor is about to act in any manner prejudicial to the public safety or themaintenance of public order, the police officer may arrest such person and detain him pending enquiries.
(2) No person shall be detained under this section for a periodexceeding 24 hours except with the authority of the officer commanding thePolice District concerned and, save as provided in subsection (3), such officer may only authorise the detention of a person under this section fora period not exceeding 48 hours in all.
(3) If the officer commanding the Police District concerned issatisfied that the necessary enquiries cannot be completed within the period of 48 hours prescribed by subsection (2), he may authorise the furtherdetention of any person detained under this section for an additional period notexceeding 14 days but shall, on giving such authorisation forthwith report thecircumstances to the Commissioner of Police.
(4) Any person detained under this section shall be deemed to be in lawfulcustody and may be detained in any prison, or in any police station or in anyother similar place authorised generally or specially by the Minister.
Powers to search for and seizure of offensive weapons etc.
19. (1) For the purpose or under the circumstances mentioned in subsection (2), any police officer may in a special area, without warrant andwith or without assistance —
(a) stop and search any person or vehicle found in any public road orplace; and
(b) if such police officer is of or above the rank of sergeant—
(i) stop and search any person or vehicle, whether in a public place ornot;
(ii) enter and search any premises;
(iii) board and search any vehicle, vessel or aircraft.
(2) The powers conferred by subsection (1) shall be exercisable —
(a) for the purpose of ascertaining whether such person,vehicle, vessel or aircraft as aforesaid is carrying, or such premises asaforesaid contain, any offensive weapon, subversive article or injuriousthing; or
(b) if the police officer concerned has reasonable grounds for believing that any evidence of the commission of an offence is likely to be found on such person or premises or in any such vehicle, vessel or aircraft:
Provided that any police officer below the rank of sergeant may exercise thepowers conferred by subsections (1) (b) and (2) on a police officer of orabove the rank of sergeant if he has reasonable grounds for believing that byreason of the delay which would be caused by referring the matter to an officerof or above the rank of sergeant any thing liable to seizure under subsection(4) is likely to be removed from the person, premises, vehicle, vessel oraircraft whereon such thing is believed to be.
(3) No woman shall be searched under this section except by a woman.
(4) Where any police officer exercising any power of searchconferred on him by this section finds —
(a) any offensive weapon or subversive article;
(b) any injurious thing which he has reasonable grounds for believing to be intended or likely to be used for causing or contributing to thecausing of injury to the person or to property; or
(c) any evidence of the commission of an offence,
he may seize any such weapon, article, injurious thing or evidence and alsoany vehicle, vessel or aircraft in which it is found.
Disposal of property seized under section 14 or 19.
20. (1) Any offensive weapon, subversive article, or injuriousthing coming into the possession of a police officer under section 14 or 19 maybe disposed of in such manner as the Commissioner of Police may order; and indefault of any such order in relation to any such property subsection (2) shallapply thereto.
(2) Subject to subsection (1), the provisions of the CriminalProcedure Code (Chapter 7) relating to the disposal of property the subject ofan offence, shall apply to any property coming into the possession of a policeofficer under section 14 or 19.
(3) Nothing in this section shall be taken to prejudice any right to retainor dispose of property which may exist in law apart from this section.
Power to use force.
21. (1) Notwithstanding anything to the contrary contained in anyother written law, any police officer may in any special area use such force as,in the circumstances of the case, may be reasonably necessary, which force mayextend to the use of lethal weapons, in order —
(a) (i) to effect the arrest of any person who fails to comply withany order under section 11 or 15 or whom he has reasonable grounds forsuspecting to have committed an offence against section 28, 29 or 30; or
(ii) to effect the arrest of any person who fails to comply with adirection or signal to stop at or before reaching any barrier erected or placedunder section 14; or
(iii) to effect the arrest of any person whom he has reasonablegrounds for suspecting to have committed an offence against any provision of anywritten law which is for the time being specified in the Schedule;
(b) to overcome forcible resistance offered by any person to sucharrest; or
(c) to prevent the escape from arrest or the rescue of any personarrested as aforesaid; or
(d) to disperse any unlawful group.
(2) Every person arrested under subsection (1) (a) shall as soon aspossible after his arrest be clearly warned of the provisions of subsection (1) (c).
(3) Nothing in this section shall derogate from the right of privatedefence contained in sections 96 to 106 of the Penal Code (Chapter 22).
(4) His Majesty in Council may from time to time amend the Schedule by notification in the Government Gazette.
General power to seize certain articles etc.
22. (1) Any police officer may in any special area seize and take possession of any article or material capable of being, and which inhis opinion is likely to be, used for offensive purposes.
(2) Any article or material seized under this section shall be disposed ofin such manner as the Commissioner of Police may order.
Powers of members of security forces other than police officers.
23. (1) In this section “security force” means anysecurity force other than the police force.
(2) In any special area, any commander of any security force and any memberof any such force under his command may, when engaged on duty connected with themaintenance or restoration of public order, excercise —
(a) the powers of arrest conferred upon a police officer bysection 38(1) in relation to an offence against this Act; and
(b) any power conferred upon a police officer by sections 11, 13 (b) , 14, 15, 16(2) and (4), 19, 21 and 22(1) in like manner as if any reference in any such section to a police officer were a reference to a member of any such force as aforesaid of equivalent rank.
(3) No member of any security force shall be liable for —
(a) any loss or damage to any vehicle or vessel; or
(b) any injury to any person,
if such loss, damage or injury results from the failure by any person to obeyan order of a member of that or any other security force or a police officeracting in a special area under section 14.
(4) The provisions of Chapter VIII of the Criminal Procedure Code (Chapter 7) shall apply to a member of any security force exercising powers under subsection (1) in like manner as they apply to a police officer.
(5) For the purposes of subsection (2) —
(a) “commander of any security force” means a commissionedofficer for the time being in command of any member of any such force in thespecial area and engaged on duty connected with the maintenance or restorationof public order;
(b) a commissioned officer of any security force shall be deemed to be of equivalent rank to a police officer above the rank of sergeant and a sergeant or petty officer of any such force shall be deemed to be of equivalent rank to a police officer of the rank of sergeant.
PART IV
OFFENCES
Penalties for certain offences under Part III
Penalty for certain offences.
24. If any person contravenes or fails to comply with any order, direction or signal made or given or requirement imposed under section 13, 14, 15 or 16, he shall (without prejudice to any special provision contained in this Act) be guilty of an offence: Penalty, imprisonment for 2 years and a fine of $3,000.
[S 10/91]
Unlawful oaths
Unlawful oaths to commit capital offences.
25. Any person who —
(a) administers, or is present at and consents to theadministering of, any oath, or any engagement in the nature of an oath, purporting to bind the person who takes it to commit any offencepunishable with death; or
(b) takes any such oath or engagement, not being compelled to doso,
shall be guilty of an offence: Penalty, imprisonment for 10 years.
Other unlawful oaths to commit offences.
26. Any person who —
(a) administers, or is present at and consents to theadministering of, any oath, or any engagement in the nature of an oath,purporting to bind the person who takes it —
(i) to engage in any mutinous or seditious enterprise;
(ii) to commit any offence not punishable with death;
(iii) to disturb the public peace;
(iv) to be a member of any association, society or confederacy formedfor the purpose of doing any such act as aforesaid;
(v) to obey the orders or commands of any committee or body of men notlawfully constituted, or of any leader or commander or other person not having lawful authority for the purpose;
(vi) not to inform or give evidence against any associate or confederate, orany other person; or
(vii) not to reveal or discover any unlawful association, society orconfederacy, or any illegal act done or to be done, or any illegal oath orengagement that may have been administered or tendered to or taken by himself orany other person, or the import of any such oath or engagement; or
(b) takes any such oath or engagement, not being compelled to doso,
shall be guilty of an offence: Penalty, imprisonment for 8 years and a fineof not less than $8,000.
[S 10/91]
Offences relating to firearms and ammunition
Carrying firearm while drunk or disorderly.
27. Any person who is drunk or who behaves in a disorderly mannerwhile carrying a firearm shall be guilty of an offence: Penalty, imprisonmentfor 5 years and a fine of $5,000.
[S 10/91]
Unlawful possession of firearms and ammunition.
28. (1) In any special area, any person who without lawful excuse,the onus of proving which shall be on such person, carries or has inhis possession 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 iscarrying or is in possession of or has under his control such firearm,ammunition or explosive in or in connection with the performance of his duty;or
(b) is a person fully 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 amember of a class of persons so exempted, by the Commissioner of Police bynotification in the Government Gazette:
Provided that no person shall be deemed to have lawful authority for thepurposes of this section or to be exempt from this section if he carries or hasin his possession or under his control any such firearm, ammunition or explosivefor the purpose of using the same in a manner prejudicial to public safety orthe 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 safety or the maintenance ofpublic order.
(4) A person charged with an offence under this section shall not begranted bail.
Carrying offensive weapons and causing disturbance in publicplaces
Carrying offensive weapons in public places.
29. (1) Any person who in any public place carries or has in his possession or under his control any offensive weapon otherwise than withlawful authority or solely for a lawful purpose shall be guilty of an offence:Penalty, imprisonment not less than one year and not more than 10 years andwhipping with not less than 3 strokes.
[S 10/91]
(2) In any prosecution for an offence under subsection (1) the onus ofproving that the accused carried such weapon or had it in his possession orunder his control solely for a lawful purpose shall lie upon the accused.
(3) A person shall be presumed to have lawful authority for the purposes ofthis section if he carries or has in his possession or under his control anyoffensive weapon —
(a) in or in connection with the performance of his duty as a member of any security force or as a person in the service of Government orof any local authority in Brunei Darussalam; or
(b) as part of his official or ceremonial dress on any official orceremonial occasion.
(4) For the purpose of subsection (1), it is immaterial whether or not theoffensive weapon is visible or whether or not it is concealed in any waywhatsoever.
[S 14/93]
Carrying etc. incendiary device. [S 12/98]
29A. (1) Any person who in any place, whether or not a public place,carries or has in his possession or under his control any device known as aMolotov cocktail or any other type of incendiary device, whether or not similarthereto, used or capable of being used to start or keep any fire, otherwise thanwith lawful authority or solely for a lawful pupose shall be guilty of anoffence: Penalty, —
(a) if the place is in the vicinity of a petroleum pipeline, gaspipeline, water supply pipeline, electrical supply installation or any propertydeclared to be prescribed property to which paragraph (b) of subsection(1) of section 435 of the Penal Code (Chapter 22) applies, imprisonment forlife; or
(b) in any other case, imprisonment for not less than one year and notmore than 10 years and whipping with not less than 3 strokes.
(2) In any prosecution for an offence under subsection (1) the onus ofproving that the accused carried such device or had in it his possession orunder his control solely for a lawful purpose shall lie upon the accused.
(3) A person shall be presumed to have lawful authority for the purposes ofthis section if he carries or has in his possession or under his control anysuch device —
(a) in or in connection with the performance of his duty as a member of any security force or as a person in the service of Government orof any local authority in Brunei Darussalam; or
(b) as part of his official or ceremonial dress on any official orceremonial occasion.
(4) For the purpose of subsection (1), it is immaterial whether or not thedevice is visible or whether or not it is concealed in any way whatsoever.
Disturbance in public places.
30. Any person who —
(a) in any public place or at any meeting uses threatening,abusive or insulting words or behaviour with intent to provoke a breach of thepeace or whereby a breach of peace is likely to be occasioned; or
(b) having been given by any police officer any direction for thepurpose of preventing obstruction or keeping order in any public place, withoutlawful excuse, contravenes any direction so given to him,
shall be guilty of an offence: Penalty, imprisonment for one year and a fine of $1,000.
[S 10/91]
Subversive acts, words and articles
Subversive acts or words.
31. Any person who —
(a) does any subversive act; or
(b) utters any subversive words,
shall be guilty of an offence: Penalty, imprisonment for 8 years and a fineof not less than $8,000.
[S 10/91]
Importation, making etc. of subversive articles.
32. Any person who imports, makes, prints, publishes, sells, offersfor sale, issues, distributes, circulates or reproduces any subversive articleshall be guilty of an offence: Penalty, imprisonment for 10 years and a fine ofnot less than $10,000:
Provided that no person shall be convicted of an offence under this sectionif he proves to the satisfaction of the court that the article in respect ofwhich he is charged was imported, made, printed, published, sold, offered forsale, issued, distributed, circulated or reproduced, as the case may be, withouthis authority, consent and knowledge, and without any want of due care orcaution on his part, and that he did not know and had no reason to suspect thenature of the article.
Possession of subversive articles.
33. (1) Any person who without lawful excuse carries or has in hispossession or under his control any subversive article shall be guilty of anoffence: Penalty, imprisonment for 8 years and a fine of not less than$8,000.
[S 10/91]
(2) Any person or any office bearer of any association or anyresponsible member or agent of any organisation who receives anysubversive article shall deliver the same without delay to a police officer; andany person, office bearer, member or agent who fails to do so, or who, unlessauthorised so to do by a police officer not below the rank of superintendent ofpolice, communicate the contents of such article to any other person, orpublishes or otherwise disseminates or causes to be published or otherwise
disseminated the contents of any such article shall be guilty of an offence:Penalty, imprisonment for 8 years and a fine of not less than $8,000.
[S 10/91]
(3) Where in any prosecution under this section it is proved that a person was carrying or had in his possession or under his control asubversive article he shall be deemed to have known the contents and the natureof the contents of such article:
Provided that no person shall be convicted of an offence under this sectionif he proves to the satisfaction of the court —
(a) that he was not aware of the contents and the nature of thecontents of the subversive article which he was carrying or had in hispossession or under his control; and
(b) that he was carrying or had the subversive article in hispossession or under his control in such circumstances that at no time did hehave reasonable cause to believe or suspect that such article was a subversivearticle.
False reports and public mischief
Dissemination of false report.
34. Any person who, whether orally or in writing or by any othermeans, spreads false reports or makes false statements likely to cause publicalarm or despondency shall be guilty of an offence: Penalty, imprisonment for 3years and a fine of $3,000.
[S 10/91]
Public mischief.
35. (1) Any person who, whether orally or in writing or by any othermeans, publishes, or gives to any person, any information which he knows to befalse and which tends to give rise to apprehension for the safety of any personor property shall be guilty of the offence of public mischief: Penalty,imprisonment for 5 years and a fine of $5,000.
[S 10/91]
(2) Where it is proved that the person charged with an offence under thissection published or gave false information, it shall, until the contrary isproved, be presumed that he knew such information to be false.
Abetment and failure to report offences
Abetment and failure to report offences.
36. (1) Any person who abets the commission of any offence againstthis Act shall be guilty of an offence: Penalty, the same penalty as thatprovided for the offence abetted.
(2) Any person who knowing or having reasonable cause to believe thatanother person is guilty of any offence against this Act, fails to report thesame to a police officer, shall be guilty of an offence: Penalty, imprisonmentfor 3 years and a fine of $5,000.
[S 10/91]
PART V
MISCELLANEOUS
Restriction on prosecution.
37. A prosecution for any offence against this Act shall not beinstituted except with the consent of the Public Prosecutor:
Provided that —
(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 maybe 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 before the Public Prosecutor has consented to the prosecution the charge shall be explained to him but he shall not be called upon to plead, and the provisions of the law for the time being in force relating to criminal procedure shall be modified accordingly.
Seizability and bailability of offences.
38. (1) A police officer may without warrant arrest any person foundor reasonably suspected of committing or attempting to commit or of procuring orabetting any person to commit an offence against this Act; and for the purposesof the Criminal Procedure Code (Chapter 7) every offence against this Act shallbe seizable.
(2) Bail shall be discretionary in respect of every offence against this Act other than an offence under section 28.
Jurisdiction of Court of a Magistrate.
39. 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 against section 28, and to impose any penalty prescribedtherefor not exceeding 7 years imprisonment and a fine of $30,000.
[S 10/91]
Publicity for certain orders and directions.
40. (1) When any order is made or direction is given under section10 or any provision of Part III (other than section 17), the person making suchorder or giving such direction shall cause notice of the effect of such order ordirection to be given as soon as may be, in such manner as he thinks necessaryfor bringing it to the notice of all persons, who, in his opinion, ought to havenotice of it; and such order or direction shall have effect as soon as suchnotice has been given, without publication in the Gazette.
(2) Without prejudice to section 15 of the Interpretation and GeneralClauses Act (Chapter 4), any order made or direction given under anyprovision to which subsection (1) applies may at any time during itscontinuance be varied or cancelled by any person empowered to make such order orgive such direction but without prejudice to the previous validity of the orderor direction or to anything done thereunder or to the power of such person tomake a fresh order or give a fresh direction under such provision asaforesaid.
Application of section 36 of the Interpretation and General ClausesAct.
41. 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 two or more laws) shall apply to thisAct.
SCHEDULE
OFFENCES FOR THE PURPOSES OF SECTION 21(1) (a) (iii)
(section 21)
Penal Code (Chapter 22) . . . . Sections 143, 144, 145, 147, 148, 151, 152, 153, 157, 158, 160, 379, 380, 382, 430, 431, 436 and 438.
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/bn/legis//poa148197