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LAWS OF BRUNEI
CHAPTER 6
SUBORDINATE COURTS
11 of 1982
1984 Ed. Cap. 6
Amended by
S 32/88
S 40/98
REVISED EDITION 2001
(31st January 2001)
Section
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
PART II
CONSTITUTION
3. The subordinate courts.
4. Court houses.
5. Seal of Courts.
6. Process of Courts.
7. Sitting in camera etc.
8. Contempt.
PART III
APPOINTMENTS, POWERS AND DUTIES
9. Appointment of Magistrate.
10. Coroner.
11. Appointments of Registrar and Deputy Registrars of Courts of Magistrates.
12. Powers and duties of Deputy Registrars.
13. Subordinate officers.
14. Powers and duties of certain subordinate officers.
15. Special powers of bailiffs.
PART IV
JURISDICTION
Criminal jurisdiction of Courts of Magistrates
16. Criminal jurisdiction of Courts of Magistrates.
Civil jurisdiction of Courts of Magistrates
17. Civil jurisdiction of Courts of Magistrates.
Civil appeals from decisions of Courts Magistrates
18. Civil appeals from Courts of Magistrates.
Revision of civil proceedings in Courts of Magistrates
19. Power of High Court to call for records of civil proceedings inCourts of Magistrates.
20. Powers of High Court on revision of civil proceedings.
21. No revision at instance of party who could have appealed.
Civil reference by Courts of Magistrates to High Court
22. Civil references.
PART V
GENERAL
Miscellaneous
23. Protection of judicial and other officers.
24. Judges to have power of Magistrates.
Rules of Court
25. Rules of Court.
________________________
SUBORDINATE COURTS ACT
An Act to establish Courts of Magistrates as the subordinate courts in Brunei Darussalam, to provide for the appointment of coroners, to amend and consolidate the law relating to the constitution, jurisdiction and powers of the subordinate courts and the administration of justice therein
Commencement: 1st January 1983
[S 2/83]
PART I
PRELIMINARY
Short title.
1. This Act may be cited as the Subordinate Courts Act.
Interpretation.
2. In this Act, unless the context otherwise requires —
“action” means a civil proceeding commenced by summons or in suchother manner as may be prescribed by Rules of Court;
“judge” has the meaning assigned to that expression by section 2 of the Supreme Court Act (Chapter 5);
“judgement” includes decree, order, ruling, sentence ordecision;
“judicial officer” means a magistrate, coroner or registrar;
“registrar” means the registrar of the subordinate courts and includes a deputy registrar;
“Rules of Court” means Rules of Court made under this Act andincludes forms;
“seal” includes stamp.
PART II
CONSTITUTION
The subordinate courts.
3. Courts of Magistrates shall be the subordinate courts in Brunei Darussalam with such jurisdiction as is conferred by this Act.
Court houses.
4. His Majesty the Sultan and Yang Di-Pertuan may constitute underappropriate names so many Courts of Magistrates as he shall think fit, and shallappoint some place or places as the court house or court houses of each suchcourt.
Seal of Courts.
5. Courts of Magistrates shall have and use as occasion may require aseal or seals of such nature as the Chief Justice may, by notification in theGovernment Gazette , prescribe.
Process of Courts.
6. All writs, summonses, warrants, orders, notices and other mandatoryprocesses issued by Courts of Magistrates shall be signed by a judicial officerand shall bear the seal of the court issuing the same.
Sitting in camera etc.
7. (1) The place in which any Court of a Magistrate is held, shallbe deemed an open and public court to which the public generally may haveaccess:
Provided that —
(a) the court shall have power to hear any proceedings or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public security or propriety, or for other sufficient reason so to do; and
(b) the court shall ordinarily exclude witnesses until they giveevidence in proceedings where the court is exercising criminaljurisdiction in accordance with section 16.
(2) A Court of a Magistrate may at any time order that no person shall publish the name, address or photograph of any witness in anyproceedings or any part thereof or any evidence or any other thing likely tolead to the identification of any such witness; and any person who acts incontravention of any such order shall be liable to a fine of $5,000 andimprisonment for one year.
Contempt.
8. Where any contempt is committed in the face of a Court of a Magistrate, the court may, at any time before rising on the same day, take cognizance of the offence, record the facts constituting the offence and the statement, if any, made by the offender and sentence the offender to a fine of $1,000 and to imprisonment for 6 months:
Provided that the court may, in its discretion, discharge the offender orremit the punishment on his making an apology to the satisfaction of thecourt:
And provided further that in any case where the contempt is punishable as an offence under section 175, 178, 179, 180 or 228 of the Penal Code (Chapter 22), the court may in lieu of taking cognizance of the offence authorise a prosecution.
PART III
APPOINTMENTS, POWERS AND DUTIES
Appointment of Magistrate.
9. (1) His Majesty may appoint any fit and proper person to be a Magistrate.
(2) For the purpose of the administration of this Act, His Majesty may appoint a Chief Magistrate who shall have seniority over all other Magistrates and over all Coroners.
Coroner.
10. (1) His Majesty may appoint a fit and proper person to be aCoroner.
(2) A coroner appointed under this section shall have power to act as aMagistrate for the purpose of discharging the functions of a Magistrate underChapter XXX of the Criminal Procedure Code (Chapter 7) and all things done by aCoroner in the due discharge of such functions shall have the same validity andeffect as if they had been done by a Magistrate; and as respects such functionsa Coroner shall have the same powers and enjoy the same immunities as if he werea Magistrate.
Appointments of Registrar and Deputy Registrars of Courts of Magistrates.
11. (1) His Majesty may appoint a Registrar and so many Deputy Registrars as may be necessary for Courts of Magistrates.
(2) The Registrar and Deputy Registrars shall be ex-officio Commissioners for Oaths.
Powers and duties of Deputy Registrars.
12. Subject to Rules of Court all the powers and duties conferred andimposed on the registrar may be exercised and performed by a DeputyRegistrar.
Subordinate officers.
13. There shall be attached to the subordinate courts suchinterpreters, clerks, bailiffs, process servers and other officers as, from timeto time, appear to the Chief Justice to be necessary for the administration ofjustice and the due execution of all powers and duties which are vested in theCourts of Magistrates.
Powers and duties of certain subordinate officers.
14. The bailiffs and process servers shall execute all writs, summonses, warrants, orders, notices and other mandatory processes of the Courts of Magistrates given to them, and shall make a return of the same together with the manner of the execution thereof to the court from which the process issued, and shall arrest and receive all such persons and property as are committed to the custody of the Courts of Magistrates.
Special powers of bailiffs.
15. The bailiffs in executing any writ of seizure and sale or anyother writ of execution or of distress may effect an entry into any building,and for that purpose if necessary may break open any outer or inner door orwindow of the building or any receptacle therein, using such force as isreasonably necessary to effect an entry.
PART IV
JURISDICTION
Criminal jurisdiction of Courts of Magistrates
Criminal jurisdiction of Courts of Magistrates.
16. A Court of a Magistrate exercising criminal jurisdiction shallhave the jurisdiction and powers conferred on it by the Criminal ProcedureCode
(Chapter 7) and any other written law.
Civil jurisdiction of Courts of Magistrates
Civil jurisdiction of Courts of Magistrates.
17. (1) Subject to the provisions of this Act and any other writtenlaw and subject to Rules of Court, a Court of a Magistrate shall havejurisdiction in every civil proceeding where the amount claimed or the value ofthe subject matter in dispute does not exceed the appropriate prescribed limitif —
(a) the cause of action arose in Brunei Darussalam; or
(b) the defendant or any one of the defendants at the time of theinstitution of the proceeding resides or carries on business or has property orpersonally works for gain in Brunei Darussalam; or
(c) the facts on which the proceedings are based exist or are alleged to have occurred in Brunei Darussalam.
(2) Notwithstanding that the amount claimed or the value of the subjectmatter in dispute exceeds the appropriate prescribed limit, a Court of aMagistrate shall have jurisdiction in any proceeding for the recovery ofimmovable property, other than proceedings in which there is a genuine disputeas to a title registered under the Land Code (Chapter 40), where the rentpayable in respect of such property does not exceed $500 per month or such othersum as may be prescribed by Rules of Court in respect of any area specified insuch Rules.
(3) A Court of a Magistrate shall have no jurisdiction inproceedings —
(a) concerning any acts done by the order of His Majesty, or of His Majesty in Council, or of the head of any Government Department, or ofa judge or another Magistrate;
(b) for the recovery of immovable property where there is a genuine dispute as to a title registered under the Land Code (Chapter 40);
(c) for partition of immovable property;
(d) for the specific performance or rescission of contracts;
(e) for the cancellation or rectification of instruments;
(f) for the interpretation of trust instruments or the enforcement oradministration of trusts;
(g) for the grant of probate or letters of administration in respectof any deceased person;
(h) for the interpretation of wills or the administration of theestate and effects of any deceased person;
(i) for declaratory decrees.
(4) His Majesty in Council may by order amend any provision of thissection.
(5) In this section, “appropriate prescribed limit” means$30,000 or, in the case of the Chief Magistrate, Chief Registrar, Deputy ChiefRegistrar, Senior Magistrate and Senior Registrar, $50,000:
[S 40/98]
Provided that the Chief Justice may from time to time, with the approval ofHis Majesty, by notification in the Government Gazette , increase theappropriate prescribed limit in the case of the Chief Magistrate or any otherMagistrate.
Civil appeals from decisions of Courts of Magistrates
Civil appeals from Courts of Magistrates.
18. (1) Subject to sub-sections (2) and (3) and the provisions ofany Rules of Court or of any other written law, an appeal in civil matters shalllie to the High Court —
(a) as of right, from a final judgement of a Court of a Magistrate inany proceedings for the recovery of immovable property or in any proceedingswhere the amount claimed or the value of the subject matter in dispute exceeds$500;
(b) by leave of a judge —
(i) from any interlocutory order or decision of a Court of a Magistrate in any proceedings;
(ii) from a final judgment of a Court of a Magistrate in any proceedings(not being for the recovery of immovable property) where the amount claimed orthe value of the subject matter in dispute does not exceed $500;
(iii) from any order as to costs only; or
(iv) from an order made by consent of the parties.
(2) Such appeals may be heard before one judge provided that the judge, ifhe thinks fit, may reserve any appeal for the decision of a Court consisting of3 judges, and in such case the appeal shall be decided in accordance with theopinion of the majority of the judges composing the High Court.
(3) The High Court shall not entertain any appeal under this section unlessthe appellant has fulfilled all the conditions of appeal imposed in accordancewith Rules of Courts or any other written law.
(4) In this section, “Rules of Court” means Rules of Court made under the Supreme Court Act (Chapter 5).
Revision of civil proceedings in Courts of Magistrates
Power of High Court to call for records of civil proceedings in Courts of Magistrates.
19. The High Court may call for and examine the record of any civilproceedings before any Court of a Magistrate for the purpose of satisfyingitself as to the correctness, legality or propriety of any judgement, and as tothe regularity of any proceedings of any such court.
Powers of High Court on revision of civil proceedings.
20. In the case of any civil proceedings in a Court of a Magistratethe record of which has been called for under section 19, or which otherwisecomes to its knowledge, the High Court may give such orders thereon, either by directing a new trial or otherwise, as seem necessary to secure thesubstantial justice is done.
No revision at instance of party who could have appealed.
21. Where an appeal lies (with or without the leave of the High Court)from any judgement of a Court of a Magistrate in any civil matter, and no appealis brought, no proceeding by way of revision shall be entertained at theinstance of a party who could have appealed.
Civil reference by Courts of Magistrates to High Court
Civil references.
22. (1) Where before or on the hearing of any civil proceeding in aCourt of a Magistrate any question of law arises on which that Court desires tohave the opinion of the High Court, the Court of a Magistrate may, either of itsown motion, or on the application of any of the parties, draw up a statement ofthe facts of the case and the point on which an opinion is desired, and refersuch statement with its own opinion on the point to the High Court.
(2) The High Court may make such declaration or order on such reference as it thinks fit.
PART V
GENERAL
Miscellaneous
Protection of judicial and other officers.
23. (1) A judicial officer shall not be liable to be sued for anyact done by him in the discharge of his judicial duty whether or not within thelimits of his jurisdiction, provided that he at the time in good faith believedhimself to have jurisdiction to do or order the act complained of.
(2) No officer of a Court of a Magistrate charged with the duty ofexecuting any writ, summons, warrant, order, notice or other mandatory process of the Courts of Magistrates shall be liable to be sued for theexecution of or attempting to execute such writ, summons, warrant, order noticeor other mandatory process, or in respect of any damage caused to any propertyin effecting or attempting to effect execution, unless he knowingly acted inexcess of the authority conferred upon him by such writ, summons, warrant,order, notice or other mandatory process of the court in question, and he shall not be deemed to have acted knowingly in excess of hisauthority merely by reason of the existence of a dispute as to the ownership ofany property seized under any writ or order of execution.
Judges to have power of Magistrates.
24. A judge shall, in addition to such other powers as may beconferred on him, have all the powers conferred on a Magistrate by any writtenlaw.
Rules of Court
Rules of Court.
25. (1) The Chief Justice may, with the approval of His Majesty theSultan and Yang Di-Pertuan, make Rules of Court regulating and prescribing theprocedure (including the method of pleading) and the practice to be followed inthe Courts of Magistrates in the exercise of their civiljurisdiction.
[S 32/88]
(2) The power to make Rules of Court shall extend to all matters ofprocedure or practice, or matter relating to or concerning the effect or operation in law of any procedure or practice or the enforcement of judgements or orders, in any case within the cognizance of the Courts ofMagistrates in the exercise of their civil jurisdiction as to which Rules ofCourt regulating the practice and procedure of the Supreme Court have been ormight lawfully be made for cases within the cognizance of the High Court.
(3) Without prejudice to the generality of subsections (1) and (2), thepower to make Rules of Court shall extend to —
(a) prescribing the scales of allowances, costs and fees to be taken or paid or refunded to any party or witness in any, civil proceedingsin a Court of a Magistrate, and to regulating any matters relating to the costsof such proceedings;
(b) providing for the submission to the High Court of returns andrecords of civil proceeding in Courts of Magistrates;
(c) prescribing the books, registers and accounts required to be keptby the registrar and bailiffs;
(d) empowering Courts of Magistrates to refer civil proceedings or anymatter arising out of civil proceedings to a referee for inquiry and report, andto direct how the reference shall be conducted;
(e) providing for the giving and enforcement of security for costs orotherwise;
(f) prescribing the office or offices where process may beissued and business other than the hearing of proceedings transacted;
(g) prescribing the circumstances and procedure by whichproceedings may be transferred from one court to another;
(h) prescribing what part of the business which may betransacted and of the jurisdiction and powers which may be exercised by a magistrate in court or in chambers may be transacted or exercised bythe registrar (including provisions for and concerning appeals from decisions ofthe registrar);
(i) directing interest to be paid on debts, including judgement debts and making provision for the rate or rates of such interests;
(j) regulating the issue of judgement debtor summonses for thediscovery of a judgment debtor’s property or means and theprocedure and practice relating thereto, and the making of orders against judgment debtors for the payment, by instalments, or otherwise of sums due under judgments and orders and the enforcement thereof bycommittal;
(k) requiring any party at whose instance —
(i) any writ of execution;
(ii) any order of arrest or committal;
(iii) any order of attachment of property; or
(iv) any order to bring up a prisoner as a witness,
is issued, to deposit from time to time a sum of money to, provide for theexpenses of executing the writ or order or of bringing the person to be arrestedor the person ordered to be committed before the court or to prison and of hissubsistance while in the custody of the bailiff or in prison and of keepingpossession of the property attached;
(l) prescribing the manner in which money in a Court of a Magistrate is to be dealt with.
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