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LAWS OF BRUNEI
CHAPTER 131
PREVENTION OF CORRUPTION ACT
S 187/81
1984 Ed. Cap. 131
Amended by
S 5/83
S 6/83
S 19/84
S 34/91
S 16/98
REVISED EDITION 2002
(15th September 2002)
LAWS OF BRUNEI
REVISED EDITION 2002
CHAPTER 131
PREVENTION OF CORRUPTION ACT
Section
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
PART II
ADMINISTRATION
3. Appointment of Director and Officers.
4. Officers of the Bureau to be deemed to be public servants.
PART III
OFFENCES
5. Punishment of corruption.
6. Punishment of corrupt transaction with agents.
7. Increase of maximum penalty in certain cases.
8. Acceptor of gratification to be guilty notwithstanding that purposenot carried out etc.
9. Corruptly procuring withdrawal of tenders.
10. Bribery of member of legislature.
11. Bribery of member of public body.
12. Possession of unexplained property.
13. Abetment of offences.
14. Attempts.
15. Conspiracy.
16. Duty of public officer to whom a gratification is given oroffered.
17. When penalty to be imposed in addition to other punishment.
PART IV
POWERS OF INVESTIGATION
18. Power of arrest.
19. Powers of investigation.
20. Powers of search and to obtain assistance.
21. Further powers of search and seizure.
22. Legal obligation to give information.
23. Special powers of investigation.
23A. Special powers of investigation.
23B. Restriction on disposal of property etc.
23C. Surrender of travel documents.
24. Legal advisers and privileged information.
PART V
EVIDENCE
24A. Admission of statements in evidence.
25. Presumption of corruption in certain cases.
26. Evidence of custom inadmissible.
27. Evidence of pecuniary resources or property.
28. Evidence of accomplice.
29. Examination of offenders.
30. Protection of informers.
PART VI
PROSECUTION AND TRIAL OF OFFENCES
31. Prosecution of offences.
32. Court of a Magistrate to have jurisdiction to try offences underthis
Act.
PART VII
MISCELLANEOUS
33. Frivolous, false or groundless complaints to be reported to thePublic
Prosecutor.
34. Offence of making false report of the commission of offenceetc.
35. Offence to disclose identity of persons being investigated.
36. Alternative convictions and amending particulars.
37. Liability of citizens for offences outside Brunei Darussalam.
38. Offences to be seizable.
39. Principal may recover amount of secret gift.
40. Application of Act.
SCHEDULE — PUBLIC BODIES
________________________
PREVENTION OF CORRUPTION ACT
An Act to prevent corruption and bribery and to establish an Anti-Corruption Bureau
Commencement: 1st January 1982
PART I
PRELIMINARY
Citation.
1. This Act may be cited as the Prevention of Corruption Act.
Interpretation.
2. In this Act, unless the context otherwise requires —
“agent” means any person employed by or acting for another, andincludes a trustee, administrator and executor, and a person serving under anypublic body, and for the purposes of section 26 includes a sub-contractor andany person employed by or acting for such sub-contractor;
“Bureau” means the Anti-Corruption Bureau;
“Director” means the Director of the Anti-Corruption Bureau;
“gratification” includes —
(a) money or any gift, loan, fee, reward, valuable security or otherproperty or interest in property of any description, whether movable orimmovable;
(b) any office, dignity, employment, contract or services and anyagreement to give employment or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan,obligation or other liability whatsoever, whether in whole or in part;
(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
(e) any forbearance to demand any money or money’sworth or valuable thing;
(f) any aid, vote, consent or influence or pretended aid, vote, consent, or influence, and any promise or procurement of, or agreement orendeavour to procure, or the holding out of any expectation of, any gift, loan,fee, reward, consideration or gratification within the meaning of thisparagraph;
(g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred orapprehended or from any action or proceedings of a disciplinary or penal nature,whether or not already instituted, and including the exercise or theforbearance from the exercise of any right or any official power or duty;and
(h) any offer, undertaking or promise of any gratificationwithin the meaning of paragraphs (a) to (g) ;
“Officer of the Bureau” means any person appointed by His Majestyunder subsection (3) of section 3 and includes the Director, Deputy Director, and Assistant Director, a Chief Special Investigator, Senior Special Investigator and Special Investigator;
[S 34/91]
“prescribed offence” means an offence punishable undersections
161, 162, 163, 164, 165, 213, 214, or 215 of the Penal Code
(Chapter 22) or section 128 of the Customs Act (Chapter 36) and includes—
(a) an attempt to commit any such offence;
(b) an abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code
(Chapter 22)) any such offence, whether or not the offence is committed inconsequence thereof;
“principal” includes any employer, any beneficiary under a trust,and any trust estate (as though it were a person), any person beneficiallyinterested in the estate of a deceased person (as though it were a person) and,in the case of any person serving under a public body, the public body;
“public body” includes —
(a) the Government of Brunei Darussalam;
(b) any department, service or undertaking of the
Government of Brunei Darussalam;
(c) any corporation, council, board, commissioners or other body whichhas power to act under and for the purpose of any written law in force in BruneiDarussalam or any part thereof relating to local Government, public health orundertakings of public utility, or otherwise has power to administer fundsbelonging to the Government or money raised by rates, taxes or charges inpursuance of any written law in force in Brunei Darussalam;
(d) any board, commissioners, committee or other body specifiedin the Schedule;
“public officer” includes any person in the permanent ortemporary employment of a public body.
PART II
ADMINISTRATION
Appointment of Director and Officers.
3. (1) His Majesty the Sultan and Yang Di-Pertuan may appoint a Director who, subject to the orders and control of His Majesty, shallbe responsible for the direction and administration of the Bureau.
(2) The Director shall not be subject to the direction or control of anyperson other than His Majesty.
(3) His Majesty may appoint a Deputy Director of the Bureau, an
Assistant Director, a Chief Special Investigator, Senior SpecialInvestigators
and such other officers of the Anti-Corruption Bureau as His Majesty may deemfit.
(4) If the office of the Director is vacant or the Director is absent fromduty, the Deputy Director shall, save where His Majesty otherwise directs, actas Director.
(5) If both the Director and the Deputy Director are absent from duty, HisMajesty may appoint another person to act as Director during that absence.
Officers of the Bureau to be deemed to be public servants.
4. (1) All officers of the Anti-Corruption Bureau shall be deemed tobe public servants within the meaning of the Penal Code (Chapter 22).
(2) A certificate of appointment signed by the Director shall be issued toevery officer of the Anti-Corruption Bureau and shall be evidence of hisappointment under this Act.
PART III
OFFENCES
Punishment of corruption.
5. Any person who shall by himself or by or in conjunction with anyother person —
(a) corruptly solicit or receive or agree to receive for himself orfor any other person; or
(b) corruptly give, promise or offer to any person whether for thebenefit of that person or of another person,
any gratification as an inducement to or reward for, or otherwise on accountof —
(i) any person doing or forbearing to do anything in respect of anymatter or transaction whatsoever actual or proposed or likely to take place;
(ii) any member, officer, or servant of a public body doing or forbearingto do anything in respect of any matter or transaction whatsoever, actual orproposed or likely to take place, in which the public body is concerned,
shall be guilty of an offence: Penalty, a fine of $30,000 and imprisonmentfor
7 years.
Punishment of corrupt transaction with agents.
6. If —
(a) any agent corruptly accepts or obtains, or agrees to accept orattempts to obtain, from any person, for himself or for any other person, anygratification as an inducement or reward for doing or forbearing to do, or forhaving done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour ordisfavour to any person in relation to his principal’s affairs orbusiness;
(b) any person corruptly gives or agrees to give or offers anygratification to any agent as an inducement or reward for doing or forbearing todo, or for having done or forborne to do any act in relation to his principal’s affairs or business, or for showing or forbearing toshow favour or disfavour to any person in relation to his principal’saffairs or business; or
(c) any person knowingly gives to an agent, or if an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective inany material particular, and which to his knowledge is intended to mislead theprincipal,
he shall be guilty of an offence: Penalty, a fine of $30,000 and to imprisonment for 7 years.
Increase of maximum penalty in certain cases.
7. (1) A person convicted of an offence under section 5 or 6 shall,where the matter or transaction in relation to which the offence wascommitted was a contract or a proposal for a contract with any public body,
or a sub-contract to execute work comprised in such a contract, be liable toa fine of $30,000 and to imprisonment for 10 years.
Offences taken into consideration.
(2) Where a person charged with 2 or more offences for theacceptance of gratification in contravention of this Act is convicted of one orsome of those offences, and the other outstanding offences are taken intoconsideration by the court for the purpose of passing sentence, the court mayincrease the penalty mentioned in subsection (1) by an amount not exceeding thetotal amount or value of the gratification specified in the charges for theoffences so taken into consideration.
Acceptor of gratification to be guilty notwithstanding that purpose notcarried out etc.
8. (1) Where in any proceedings against any agent for any offenceunder section 6 (a) it is proved that he accepted, obtained or agreed toaccept or attempted to obtain any gratification having reason to believe orsuspect that the gratification was offered as an inducement or reward for hisdoing or forbearing to do any act or for showing or forbearing to show anyfavour or disfavour to any person in relation to his principal’s affairsor business he shall be guilty of an offence under that section notwithstandingthat he did not have the power, right or opportunity so to do, show or forbearor that he accepted the gratification without intending so to do, show orforbear or that the act, favour or disfavour was not in relation to hisprincipal's affairs or business.
(2) Where in any proceedings against any person for any offence undersection 6 (b) it is proved that he give, agreed to give or offered anygratification to any agent as an inducement or reward for doing or forbearing todo any act or for showing or forbearing to show any favour or disfavour to anyperson having reason to believe or suspect that the agent had the power, rightor opportunity so to do, show or forbear and that the act, favour or disfavourwas in relation to his principal’s affairs or business he shall be guiltyof an offence under that section notwithstanding that the agent had no power,right or opportunity or that the act, favour or disfavour was not in relation tohis principal’s affairs or business.
Corruptly procuring withdrawal of tenders.
9. A person —
(a) who, with intent to obtain from any public body a contract forperforming any work, providing any service, doing anything, or supplying anyarticle, material or substance, offers any gratification to any person who hasmade a tender for the contract, as an inducement or a reward for his withdrawingthe tender; or
(b) who solicits or accepts any gratification as an inducement or areward for his withdrawing a tender made by him for such contract,
shall be guilty of an offence: Penalty, a fine of $30,000 and imprisonmentfor
7 years.
Bribery of member of legislature.
10. Any person who offers to a member of the Legislative Council, theCouncil of Ministers or the Privy Council, or, being a member thereofsolicits or accepts, any gratification as an inducement or reward for his doingor forbearing to do any act or for showing or forbearing to show any favour or disfavour in his capacity as member, shall, notwithstanding that themember did not have the power, right or opportunity so to do, show or forbear, or that he did not in fact so do, show or forbear, or that theinducement or reward was not in relation to the affairs of the LegislativeCouncil, the Council of Ministers or the Privy Council, as the case may be, beguilty of an offence: Penalty, a fine of $30,000 and imprisonment for 7years.
Bribery of member of public body.
11. Any person who offers to a member of any public body, or being amember of any public body solicits or accepts any gratification as aninducement or reward for —
(a) the member voting or abstaining from voting at any meeting of thepublic body in favour of or against any measure, resolution or questionsubmitted to the public body;
(b) the member performing, or abstaining from performing, or aiding inprocuring, expediting, delaying, hindering or preventing the performance of, anyofficial act;
(c) the member aiding in procuring or preventing the passing of anyvote or the granting of any contract or advantage in favour of any person;or
(d) the member showing or forbearing to show any favour or disfavourin his capacity as a member,
shall notwithstanding that the member did not have the power, right oropportunity so to do, show or forbear, or that the inducement or reward was notin relation to the affairs of the public body, be guilty of an offence: Penalty,a fine of $30,000 and imprisonment for 7 years.
Possession of unexplained property.
12. (1) Any person who, being or having been a public officer—
(a) maintains a standard of living above that which iscommensurate with his present or past emoluments; or
(b) is in control of pecuniary resources or propertydisproportionate to his present or past emoluments,
shall, unless he gives a satisfactory explanation to the court as to how hewas able to maintain such a standard of living or how such pecuniary resourcesor property came under his control, be guilty of an offence: Penalty, a fineof
$30,000 and imprisonment for 7 years.
(2) In addition to any penalty imposed under subsection (1) the court mayorder a person convicted of an offence under subsection (1) to pay to theGovernment —
(a) a sum not exceeding the amount of the pecuniary resources;
or
(b) a sum not exceeding the value of the property,
the acquisition of which by him was not explained to the satisfaction of thecourt and any such sum ordered to be paid shall be recoverable as a fine.
(3) Where a court is satisfied in proceedings for an offence undersubsection (1) that, having regard to the closeness of his relationship to theaccused and to other relevant circumstances, there is reason to believe that anyperson was holding pecuniary resources or property in trust for orotherwise on behalf of the accused, or acquired such pecuniary resources orproperty as a gift, or loan without adequate consideration from the accused,such pecuniary resources or property shall until the contrary is proved, bedeemed to have been under the control or in the possession of the accused.
(4) In any proceedings against a person for an offence undersubsection (1), a certificate purporting —
(a) to certify —
(i) the rate of, and the total amount of emoluments and the allowances otherthan such emoluments, paid to any public officer in the permanent or temporary employment of the Government of Brunei Darussalam in relation to thedischarge by him of his duties as a public officer;
(ii) that any person was or was not serving at any specified time duringany specified period as a public officer in the permanent or temporary employment of the Government of Brunei Darussalam or ceased to be suchofficer at or before any specified time;
(iii) that a public officer held or did not hold at any specifiedtime any specified office in the Government of Brunei Darussalam; and
(b) to be signed by the Minister,
shall be admitted in such proceedings by any court on its production withoutfurther proof.
(5) On production of a certificate under subsection (4) the court beforewhich it is produced shall until the contrary is proved, presume —
(a) that the facts stated therein are true; and
(b) that the certificate was signed by the Minister.
(6) In this section —
“public officer” includes a member of the Royal Brunei PoliceForce, the Royal Brunei Armed Forces and any armed force of Brunei Darussalam and includes a person who was a public officer or who has retired as apublic officer immediately before the commencement of this Act;
“emoluments” includes a pension or gratuity payable under the
Pensions Act (Chapter 38).
Abetment of offences.
13. Whoever abets, within the meaning of the Penal Code (Chapter 22)—
(a) the commission of an offence under this Act; or
(b) the commission outside Brunei Darussalam of any act, in relationto the affairs or business or on behalf of a principal residing in BruneiDarussalam, which if committed in Brunei Darussalam would be an offence underthis Act,
shall be deemed to have committed the offence and shall be liable on conviction to be punished with the punishment provided for such offence.
Attempts.
14. Whoever attempts to commit an offence punishable under this Actshall be deemed to have committed the offence and shall be liable onconviction to be punished with the punishment provided for such offence.
Conspiracy.
15. Whoever is a party to a criminal conspiracy, within the meaning ofthe Penal Code (Chapter 22), to commit an offence under this Act shall be deemedto have committed the offence and shall be liable on conviction to be punishedwith the punishment provided for such offence.
Duty of public officer to whom a gratification is given oroffered.
16. A member of the Legislative Council, the Council of Ministers, thePrivy Council, a member of a public body or a public officer to whom anygratification is corruptly given promised or offered shall at the earliest possible opportunity thereafter report the gift, promise or offer,together with the name, if known, of the person who gives promise or offers the gratification to him, to the nearest Officer of the Bureau and if hefails to do so without reasonable excuse he shall be guilty of an offence:Penalty, a fine of $500 and imprisonment for 6 months.
When penalty to be imposed in addition to other punishment.
17. Where a court convicts any person of an offence committed by theacceptance of any gratification in contravention of any provision of this Act,then, if that gratification is a sum of money or if the value of that
gratification can be assessed, the court shall, in addition to imposing onthat person any other punishment, order him to pay as a penalty, within the timeand to the body and in the manner specified in the order, a sum which is equalto the amount of that gratification or is, in the opinion of the court, thevalue of that gratification, and any such penalty shall be recoverable as afine.
PART IV
POWERS OF INVESTIGATION
Power of arrest.
18. (1) Any Officer of the Bureau may without a warrant arrest anyperson who has been concerned in any offence under this Act or against whom areasonable complaint has been made or credible information has been received or a reasonable suspicion exists to his having been so concerned.
[S 34/91]
(2) Any Officer of the Bureau arresting a person under subsection
(1) of this section may search such person and take possession of allarticles found upon him which there is reason to believe were the fruits orother evidence of the crime, provided that no female shall be searched except bya female.
[S 34/91]
(3) Every person so arrested shall be taken to the Anti-Corruption
Bureau or to a police station.
Powers of investigation.
19. In any case relating to the commission —
(a) of an offence under section 165 or under sections 213 to 215 ofthe Penal Code (Chapter 22), or of any conspiracy to commit, or of any attemptto commit, or of any abetment of such an offence; or
(b) of an offence under this Act; or
(c) of any seizable offence under any written law which may bedisclosed in the course of an investigation under this Act,
an Officer of the Bureau may, without the order of the Public Prosecutor,exercise all or any of the special powers in relation to police investigationsinto a seizable offence given by the Criminal Procedure Code (Chapter 7):
[S 34/91]
Provided that an investigation into an offence under the Penal Code
(Chapter 22) shall be deemed to be a police investigation to which theprovisions of section 114 of the Criminal Procedure Code (Chapter 7) shall applyin the same manner and to the same extent as if the Officer of the Bureauconcerned were a police officer.
[S 34/91]
Powers of search and to obtain assistance.
20. (1) The Director or the Deputy Director or any police officerabove the rank of Assistant Superintendent of Police and any Officer of theBureau conducting an investigation into an offence alleged or suspected to havebeen committed under this Act or under sections 161 to 165 or 213 to 215 of thePenal Code (Chapter 22) —
(a) may apply to any Government officer or any other person forassistance in the exercise of his powers or the discharge of his duties underthis Act;
(b) may for the purposes of such investigation, with the writtenconsent of the Public Prosecutor and with such assistance as may be necessary,enter and search any office, registry or other room of or used by a publicbody:
Provided that His Majesty may by order exempt any office, registryor room from entry and search under the provisions of this paragraph.
(2) Any person who —
(a) when requested under paragraph (a) of subsection (1) torender assistance, without reasonable excuse neglects or fails to rendersuch assistance; or
(b) obstructs or resists the Director or the Deputy Director or anypolice officer or any Officer of the Bureau in the exercise of the powers ofentry and search conferred by paragraph (b) of subsection
(1),
shall be guilty of an offence: Penalty, a fine of $20,000 and imprisonmentfor one year.
Further powers of search and seizure.
21. (1) If it appears to the Public Prosecutor, or to the Director,that there is reasonable cause to believe that in any place other than anoffice, registry or other room of or used by a public body there is any documentor thing containing any evidence of the commission of an offence under this Actor under sections 161 to 165 or 213 to 215 of the Penal Code (Chapter 22), thePublic Prosecutor or the Director may, by warrant directed to any Officer of theBureau or any police officer, empower such Officer of the Bureau or any policeofficer to enter such place, by force if necessary, and there to search for,seize and detain any such document or thing.
(2) Without prejudice to any other law relating to entry and search, thechambers of any advocate are not subject to entry and search under this sectionor any warrant issued under this section except in the course of investigationof an offence under this Act or under sections 161 to 165 or 213 to 215 of thePenal Code (Chapter 22) alleged or suspected to have been committed by thatadvocate, as the case may be, or by his clerk or any servant employed by him insuch chambers or office.
(3) Any person who obstructed or resists the Director or any Officer of theBureau or any police officer in the exercise of the powers of entry and searchunder this section shall be guilty of an offence: Penalty, a fine $20,000 andimprisonment for one year.
Legal obligation to give information.
22. Every person required by any Officer of the Bureau or a policeofficer to give any information on any subject which it is the duty of suchofficer to inquire into under this Act or any prescribed offence and which it isin his power to give, shall be legally bound to give the information.
Special powers of investigation.
23. (1) The Public Prosecutor or the Director, if satisfied thatthere are reasonable grounds for suspecting that an offence under this Act hasbeen committed by any person, may, for the purposes of an investigation intosuch offence, authorise in writing any Officer of the Bureau specified insuch
authorisation, to exercise the following powers on the production by him ofthe authorisation —
[S 16/98]
(a) to investigate and inspect any share account, purchaseaccount, club account, subscription account, investment account, trust account,mutual or trust fund account, expense account, bank account or other account ofwhatsoever kind or description, any safe-deposit box, and any banker’sbooks or company books, of or relating to any person named or otherwiseidentified in such authorisation;
(b) to require from any person the production of any accounts, books,documents, safe-deposit box or other article of or relating to any person namedor otherwise identified in such authorisation which may be required for the purpose of such investigation and the disclosure of all or any informationrelating thereto, and to take copies of such accounts and books or of anyrelevant entry therein.
(2) Every authorisation given under subsection (1) shall be deemed also toauthorise the Director, Deputy Director or Officer of the Bureau specifiedtherein to require from any person information as to whether or not at any bank,company or other place there is any account, book, document, safe-deposit box or other article liable to investigation, inspection or production undersuch authorisation.
(3) A requirement under subsection (2) shall be made in writing and anystatement therein as to the existence of the appropriate authorisation undersubsection (1) shall be accepted as true without further proof of the fact.
(4) Any person who, having been lawfully required under thissection to disclose any information or to produce any accounts, books,documents, safe-deposit box or other article to the Director, Deputy Director oran Officer of the Bureau authorised under subsection (1), shall,notwithstanding the provisions of any other law and any oath of secrecy to thecontrary, comply with such requirement, and any such person who fails or neglects, without reasonable excuse, so to do, and any person whoobstructs the Director, the Deputy Director or such Officer of the Bureau in theexecution of the authorisation given under subsection (1), shall be guilty of anoffence: Penalty, a fine of $20,000 and imprisonment for one year.
(5) Any person who falsely represents that an appropriateauthorisation has been given under subsection (1) shall be guilty of an offence:Penalty, a fine of $20,000 and imprisonment for one year.
Special powers of investigation.
23A. (1) In the course of any investigation into or proceedingsrelating to an offence alleged or suspected to have been committed by any personunder this Act or under sections 161 to 165 or 213 to 215 of the Penal Code
(Chapter 22) or a conspiracy to commit, or an attempt to commit, or anabetment of any such offence, the Public Prosecutor may, notwithstandinganything in any other written law to the contrary, by written notice —
(a) require any such person to furnish a statutory declaration or, asthe Public Prosecutor sees fit, a statement in writing enumerating all movableor immovable property belonging to or possessed by such person and by thespouse, parents, or sons and daughters of such person, and specifying the date on which each of the properties enumerated was acquired whether byway of purchase, gift, bequest, inheritance or otherwise;
(b) require any such person to furnish a statutory declaration or, asthe Public Prosecutor sees fit, a statement in writing of any money or otherproperty sent out of Brunei Darussalam by him, his spouse, sons and daughtersduring such period as may be specified in the notice;
[S 34/91]
(c) require any such person to furnish a statutory declaration or, asthe Public Prosecutor sees fit, a statement in writing enumerating all movableor immovable property belonging to or possessed by such person where the PublicProsecutor has reasonable grounds to believe that such information can assistthe investigation;
(d) require the manager of any bank to give copies of theaccounts of such person or of the spouse or of the parents or a son or daughterof such person at the bank;
(e) require the person in charge of any Department, office orestablishment of the Government, or the president, chairman, manager orchief executive officer of any public body to produce or furnish, as specifiedin the notice any document which is in his possession or under hiscontrol.
(2) Every person to whom a notice is sent by the Public Prosecutor undersubsection (1) of this section shall, notwithstanding the provisions of anywritten law or any oath of secrecy to the contrary, comply with the terms ofthat notice within such times as may be specified therein and any person
who wilfully neglects, or fails so to comply shall be guilty of an offence:Penalty, a fine of $5,000 and imprisonment for one year.
Restriction on disposal of property etc.
23B. (1) The Public Prosecutor may, by written notice to a personwho is the subject of an investigation in respect of an offence alleged orsuspected to have been committed under this Act or against whom a prosecutionfor such offence has been instituted, direct that such person shall not disposeof or otherwise deal with any property specified in such notice without theconsent of the Public Prosecutor.
(2) Where any property specified in a notice under subsection (1) includesany debt or obligation due by a bank or deposit-taking company to the person towhom the notice is given the Public Prosecutor may serve on such bank ordeposit-taking company a copy of that notice, which copy notice shall have theeffect of directing the bank or deposit-taking company not to pay any money tothe person specified in the copy notice without the consent of the PublicProsecutor.
(3) A notice under subsection (1) —
(a) may be served by delivering it personally to the person to whom itis addressed or may, where the Court of a Magistrate is satisfied that such person cannot be found or is not in Brunei Darussalam, be served in suchother manner as the court may direct on application ex parte by or onbehalf of the Public Prosecutor;
(b) shall have effect from the time of service and shall continue inforce for a period of 12 months or until cancelled by the Director whichever isthe earlier.
(4) Nothing in subsection (3) shall prevent the Public Prosecutor frommaking a further order in respect of the same property.
(5) The Public Prosecutor may impose such terms and conditions as he thinksfit to a consent to the disposal of or other dealing with any property specifiedin a notice under subsection (1).
(6) A person who disposes of or otherwise deals with any property specifiedin a notice under subsection (1) or a bank or deposit-taking companywhich pays any money to a person specified in a copy of notice served on itunder subsection (2) other than in accordance with the consent of the PublicProsecutor shall be guilty of an offence: Penalty, a fine of $50,000
or the value of the property disposed or otherwise dealt with, whichever isgreater, and to imprisonment for 3 years.
Surrender of travel documents.
23C. (1) A magistrate may, on the application of the Director,Deputy Director or an Assistant Director by written notice require a person whois the subject of an investigation in respect of an offence alleged or suspectedto have been committed by him under this Act to surrender to the Director anytravel documents in his possession.
(2) A notice under subsection (1) shall be served personally on the personto whom it is addressed.
(3) A person on whom a notice under subsection (1) is served shall complywith such notice forthwith.
(4) If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon bearrested and taken before a magistrate.
(5) Where a person is taken before a magistrate under subsection (4), themagistrate shall, unless such person thereupon complies with the notice undersubsection (1) or satisfies the magistrate that he does not possess a traveldocument, by warrant commit him to prison there to be safely kept —
(a) until the expiry of the period of 28 days from the date of hiscommittal to prison as aforesaid; or
(b) until such person complies with the notice under subsection
(1) and a Magistrate, by order in that behalf, orders and directs the
Superintendent of Prisons to discharge such person from prison
(which order shall be sufficient warrant for the Superintendent of
Prisons so to do), whichever occurs first.
(6) A travel document which is surrendered to the Director under thissection may be detained for 6 months from the date on which it was surrenderedand may be detained for a further 3 months if a magistrate, on application bythe Director, Deputy Director or an Assistant Director, is satisfied that theinvestigation could not reasonably have been completed before the date of suchapplication and authorises such further detention.
(7) All proceedings before a magistrate under this section shall beconducted in chambers.
(8) In this section, “travel document” means a passport or other document establishing the identity or nationality of a holder.
Legal advisers and privileged information.
24. (1) Nothing in this Act shall require the disclosure by a legaladviser of any privileged information, communication, book, document or otherarticle which came to his knowledge for the purpose of any proceedings, begun orin contemplation, before a court or to enable him to give legal advice to hisclient.
(2) In this section, “legal adviser” means a person who isadmitted as an advocate under the Legal Profession Act (Chapter 132).
(3) The protection conferred by this section on a legal adviser shallextend to a clerk or servant of or employed by a legal adviser.
PART V
EVIDENCE
Admission of statements in evidence.
24A. Where any person is charged with any offence under this Act, anystatement, whether such statement amounts to a confession or not or is oral orin writing, made at any time, whether before or after such person is charged andwhether in the course of a police investigation or not; or whether in the courseof an investigation by the Bureau or not and whether or not a caution wasadministered and whether or not wholly or partly in answer to questions, by suchperson to or in the hearing of any police officer or any Officer of the Bureau;whether or not interpreted to him by any other police officer or any Officer ofthe Bureau; or any other person concerned, or not, in the arrest, shall,notwithstanding anything to the contrary contained in the Criminal ProcedureCode (Chapter 7) or in any written law, be admissible at his trial in evidenceand, if such person tenders himself as a witness, any such statement may be usedin cross-examination and for the purposes of impeaching his credit:
Provided that no such statement shall be admissible or used as aforesaid ifthe making of the statement appears to the Court to have been caused by anyinducement, threat or promise having reference to the charge against suchperson, proceeding from a person in authority and sufficient in the opinion ofthe Court to give such person grounds which would appear to him reasonable forsupposing that by making it he would gain any advantage or avoid any evil of atemporal nature in reference to the proceeding against him.
Presumption of corruption in certain cases.
25. Where, in any proceedings for an offence under this Act it isproved that the accused gave or accepted a gratification, the gratificationshall be presumed to have been given and accepted corruptly as such inducementor reward as is alleged in the particulars of the offence unless the contrary isproved.
Evidence of custom inadmissible.
26. In any civil or criminal proceedings under this Act evidence shallnot be admissible to show that any such gratification as is mentioned in thisAct is customary in any profession, trade, vocation or calling.
Evidence of pecuniary resources or property.
27. (1) In any proceedings against a person for an offence underPart III
(other than section 12) the fact that the accused was, at or about the dateof or at any time since the date of the alleged offence, or is in possession,for which he cannot satisfactorily account, of pecuniary resources or propertydisproportionate to his known sources of income, or that he had, at or about thedate of or at any time since the date of the alleged offence, obtained anaccretion to his pecuniary resources or property for which he cannotsatisfactorily account, may be proved and may be taken by the court —
(a) as corroborating the testimony of any witness givingevidence in such proceedings that the accused accepted or obtained or agreed toaccept or attempted to obtain any gratification; and
(b) as showing that such gratification was accepted or obtained orcorruptly agreed to be accepted or attempted to be obtained as an inducement orreward.
(2) For the purposes of subsection (1) a person accused of an offence underPart III (other than section 12) shall be presumed to be or to have been
in possession of pecuniary resources or property, or to have obtained anaccretion thereto, where such resources or property are or were held, or suchaccretion was obtained by any other person whom, having regard to hisrelationship to the accused or to any other circumstances, there is reason tobelieve is or was holding such resources or property or obtained suchaccretion in trust for or otherwise on behalf of the accused or as a gift fromthe accused.
Evidence of accomplice.
28. Notwithstanding any rule of law or written law to the contrary, nowitness shall, in any such trial or inquiry as is referred to in section 27, bepresumed to be unworthy of credit by reason only of any payment or delivery byhim or on his behalf of any gratification to an agent or member of a publicbody.
Examination of offenders.
29. (1) Whenever 2 or more persons are charged with an offence underthis Act or with any prescribed offence the court may at the request in writing of the Public Prosecutor require one or more of them to give evidenceas a witness or witnesses for the prosecution.
(2) Any person referred to in subsection (1) who refuses to be sworn or toanswer any lawful question shall be dealt with in the same manner as witnessesso refusing may by law be dealt with by the court.
(3) Every person required to give evidence under subsection (1), who in theopinion of the Court makes true and full discovery of all things as to which heis lawfully examined shall be entitled to receive a certificate of indemnityunder the hand of the judge or magistrate, as the case may be, stating that hehas made a true and full discovery of all things as to which he was examined,and such certificate shall be a bar to all legal proceedings against him inrespect of all such things as aforesaid.
Protection of informers.
30. (1) Except as hereinafter provided, no complaint as to anoffence under this Act or any prescribed offence shall be admitted in evidencein any civil or criminal proceeding whatsoever, and no witness shall be obligedor permitted to disclose the name or address of any informer, or state anymatter which might lead to his discovery.
(2) If any books, documents or papers which are in evidence or liable toinspection in any civil or criminal proceeding whatsoever contain any entry inwhich any informer is named or described or which might lead to his discovery,the court before which the proceeding is had shall cause all such passage to beconcealed from view or to be obliterated so far as is necessary to protect theinformer from discovery, but no further.
(3) If in any proceeding relating to an offence under this Act or aprescribed offence the court, after full inquiry into the case, is of theopinion that the informer wilfully made in his complaint a material statementwhich he knew or believed to be false or did not believe to be true, or is ofopinion that justice cannot be fully done between the parties thereto withoutthe discovery of the informer, the court may require the production ofthe original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.
PART VI
PROSECUTION AND TRIAL OF OFFENCES
Prosecution of offences.
31. (1) A prosecution under this Act shall not be instituted exceptby or with the consent of the Public Prosecutor:
Provided that a person charged with such an offence may be arrested, or awarrant for his arrest may be issued and executed, and any person so arrestedmay be remanded in custody or on bail, notwithstanding that the consent of thePublic Prosecutor to the institution of a prosecution for the offence has notbeen obtained, but the case shall not be further prosecuted until that consenthas been obtained.
(2) When a person is brought before a court under this section before thePublic Prosecutor has consented to the prosecution the charge shall be explainedto him but he shall not be called upon to plead, and the provisions of the lawfor the time being in force relating to criminal procedure shall be modifiedaccordingly.
(3) In this section, “Public Prosecutor” means the PublicProsecutor personally.
Court of a Magistrate to have jurisdiction to try offences under thisAct.
32. (1) The High Court or the Court of a Magistrate may try anyoffence under this Act.
(2) Notwithstanding the provisions of any written law to thecontrary, a Court of a Magistrate may award the full punishment for any offenceunder this Act.
PART VII
MISCELLANEOUS
Frivolous, false or groundless complaints to be reported to thePublic
Prosecutor.
33. At the conclusion of proceedings for an offence under this Act,the court may, if of the opinion that the complainant or any other person hasknowingly, and with intent to harm the accused, made a false, frivolous orgroundless allegation against him, so certify in writing and transmit thecertificate and the record of the proceedings to the Public Prosecutor.
Offence of making false report of the commission of offence etc.
34. Any person who, during the course of an investigation into, or inany proceedings relating to, an offence alleged or suspected to have been committed under this Act, knowingly —
(a) makes or causes to be made a false report of the commission of anoffence under this Act to the Director, Deputy Director or any Officer of theBureau;
(b) misleads the Director, Deputy Director or any Officer of the
Bureau,
shall be guilty of an offence and shall be liable on summary conviction to afine of $20,000 and to imprisonment for one year.
Offence to disclose identity of persons being investigated.
35. Any person who, without lawful authority or reasonable excuse, discloses to any person who is the subject of an investigation inrespect of an
offence alleged or suspected to have been committed by him under this Act thefact that he is subject to such an investigation or any details of suchinvestigation, or discloses to any other person either the identity of anyperson who is the subject of such an investigation or any details of such aninvestigation, shall be guilty of an offence: Penalty, a fine of $20,000 andimprisonment for one year.
Alternative convictions and amending particulars.
36. (1) If, on the trial of any person for any offence under thisAct it is not proved that the accused is guilty of the offence charged but it isproved that the accused is guilty of some other offence under this Act, theaccused may, notwithstanding the absence of consent under section 31 in respectof such other offence, be convicted of such other offence, and be liable to bedealt with accordingly.
(2) If on the trial of any person for any offence under this Act there isany material variance between the particulars of the offence charged and theevidence adduced in support thereof, such variance shall not, of itself, entitlethe accused to an acquittal of the offence charged if, in the opinion of thecourt, there is prima facie evidence of the commission of that offence,and in such case the court may, notwithstanding the absence of consent undersection 31 in respect of the particulars supported by the evidence adduced, makethe necessary amendment to the particulars, and shall thereupon read and explainthe same to the accused and the parties shall be allowed to recall and examineon matters relevant to such amendment any witness who may have been examinedand, subject to the provisions of subsection (3), to call any furtherwitness.
(3) If an amendment is made under subsection (2) after the case for theprosecution is closed no further witness may be called by the prosecution other than such and on such matters only as it would, apart from theprovisions of this subsection, be permissible to call and put in evidence inrebuttal.
(4) Nothing in this section shall exclude the application of any other lawwhereby a person may be found guilty of an offence other than that with which heis charged.
Liability of citizens for offences outside Brunei Darussalam.
37. The provisions of this Act shall, in relation to citizens ofBrunei
Darussalam, have effect outside as well as within Brunei Darussalam, and
where an offence under this Act or any prescribed offence, is committed byany citizen of Brunei Darussalam in any place outside Brunei Darussalam he maybe dealt with in respect of that offence as if it had been committed at anyplace within Brunei Darussalam at which he may be found or to which he may havebeen brought in consequence of any proceedings for his extradition toBrunei Darussalam from any place outside Brunei Darussalam:
[S 34/91] Provided that any proceedings against any person under this section which would be a bar to subsequent proceedingsagainst the person for the same offence if the offence had been committed inBrunei Darussalam shall be a bar to further proceedings against him under the law relating to extradition of persons in respect of the same offence outside Brunei
Darussalam.
Offences to be seizable.
38. Every offence under this Act and every prescribed offence shall bedeemed to be a seizable offence for the purposes of the law for the time beingin force relating to criminal procedure.
Principal may recover amount of secret gift.
39. (1) Where any gratification has in contravention of this Actbeen given by any person to an agent, the principal may recover as a civil debtthe amount or the money value thereof either from the agent or from the personwho gave the gratification to the agent, and no conviction or acquittal of thedefendant in respect of an offence under this Act shall operate as a bar toproceedings for the recovery of such amount or money value.
(2) Nothing in this section shall be deemed to prejudice or affect anyright which any principal may have under any written law or rule of law torecover from his agent any money or property.
Application of Act.
40. For the avoidance of doubt it is hereby declared that where aperson has before the commencement of this Act committed an act which would havebeen an offence under this Act had it been in force at the time such act wascommitted he shall, notwithstanding the provisions of any written or other lawto the contrary, be guilty of an offence and liable to be prosecuted
for that offence and the court shall have jurisdiction to try such offenceunder this Act.
SCHEDULE
(section 2)
PUBLIC BODIES
1. Royal Brunei Airlines Berhad.
2. Brunei Shell Petroleum Company Berhad.
3. Brunei Shell Marketing Company Berhad.
4. Brunei LNG Berhad.
5. Brunei Coldgas Berhad.
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