Anti-Trafficking in Persons Act

having entered the country illegally or without proper documentation;

pregnancy or any physical or mental disease or disability of the person, including addiction to the use of any substance;

reduced capacity to form judgments by virtue of illness, infirmity or a physical or mental disability;

"abuse of power" means any situation where a public officer uses his position or takes advantage of his position in order to commit an offence;

"coercion" means use of force or threat thereof, and some forms of non-violent or psychological use of force or threat thereof, including but not limited to -

B.L.R.O. 1,2021

8

Anti-Traficking in Persons

threats of harm or physical restraint of any person;

any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person;

abuse or any threat linked to the legal status of a person;

"conveyance" means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land;

"debt bondage" means a status or condition arising from -

the pledging by a debtor of the personal services of the debtor or an individual under the debtor's control, as security for a debt; and

the reasonable value of such services not being applied towards the discharge of the debt, or the length or nature of such services not being limited or defined, respectively;

"deception" means any deception by words or by conduct as to -

the nature of work or services to be provided;

the conditions of work;

the extent to which the person will be free to leave his place of residence;

"exploitation" includes all forms of sexual exploitation (including sexual servitude and exploitation of another person's prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;

"forced labour or services" means all work or service that is extracted from any person under the threat of any penalty and for which the person concerned has not offered himself voluntarily;

"forged travel or identity document" means a travel or identity document that -

has been made, or altered in a material way, by a person other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of a country;

has been issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or

Anti-Traficking in Persons

is being improperly used by a person other than the rightful holder;

"Fund" means the Anti-Trafficking in Persons Fund established by section 44(1);

"harbour" includes giving a person shelter, food, drink, money or clothes or means or the act of supplying conveyance. or assisting a person in any way to evade apprehension;

"master" includes any person in command or having charge of any means of transport;

"Minister" means the Minister at the Prime Minister's Office;

"organised criminal group" means a structured group of 3 or more persons existing for a period of time and acting in concert with the aim of committing one or more serious offence or offences established in accordance with this Act in order to obtain, directly or indirectly. a financial or other material benefit;

"owner" includes any part-owner, charterer or consignee in possession thereof or any duly authorised agent of any such person;

"people trafficking" means the recruitment, transportation.

transfer, harbouring or receipt of a person for the purposes of exploitation as set out in section 5;

"premises" includes -

a vehicle, ship, aircraft or hovercraft;

an installation which is maintained, or is intended to be established for underwater exploitation or exploration;

tent or other movable structure;

"public servant" shall have the same meaning as a public servant under the Penal Code (Chapter 22);

"receiving country" means any country or territory into which a trafficked person is brought or is arranged to be brought as part of an act of people trafficking:

--

- --- -

--

--

"serious offence" means an offence under any other written law in

Brunei Darussalam for which the maximum penalty is death,

10 CAP. 230

Anti-Traff cking in Persons imprisonment for a term of not less than 6 months, fine of not less than $1,000 or more;

"servitude", in relation to an individual, means any condition or obligation. not authorised by any written law, to work or to render services from which the individual cannot escape or which the individual is not free to change;

"sexual exploitation" means involving the individual in prostitution, sexual servitude or the provision of any other form of sexual service, including the commission of any obscene or indecent act by the individual or the use of the individual in any audio or visual recording or representation of such act;

"shelter" means any shelter declared as such under section 41 ;

"slavery" means the status or condition of a person over whom control is exercised to the extent that the person is treated like property;

"trafficked person" means any person who is the victim or object of an offence of people trafficking regardless of whether that person consented or not;

"transits" means arriving and passing through Brunei Darussalam by any means of transport for the purpose of continuing journey by any means of transport to a place outside Brunei Darussalam;

"travel document" includes an internationally recognised passport, a certificate of identity and any similar document, issued by an authority recognised by the receiving country.

if Brunei Darussalam is the receiving country or the people trafficking occurs in Brunei Darussalam;

if the receiving country is a foreign country but the people trafficking transits in Brunei Darussalam;

if the person who engages in people trafficking is a citizen of

Brunei Darussalam or permanent resident; or

Anti-TrafJicking in Persons

CAP. 230 11

if the trafficked person is a citizen of Brunei Darussalam or a permanent resident.

an officer of the Royal Brunei Police Force;

an Immigration Officer appointed under section 3 of the

Immigration Act (Chapter 17);

an officer of customs appointed under section 3(1) of the

Customs Order, 2006 (S 3912006);

an authorised officer appointed under section 3(1) of the

Employn~ent Order, 2009 (S 3712009); or

such person or class of persons appointed by the Minister and designated by notification published in the Gazette.

Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means -

Where the recruitment, transportation, transfer, harbouring or receipt under subsection (1) for the purpose of exploitation is in respect of a child, it shall be considered trafficking in persons even if it does not involve any of the means referred to subsection (I), the person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than

$10,000 in respect of each trafficked child, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.

Where any of the following aggravating circumstances are present during the commission of an offence under this section -

the fact that the engagement will involve the provision of sexual services;

the nature of sexual services to be provided:

engages in; or

profits from, the exploitation of a trafficked person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.

makes;

obtains;

gives;

sells; or

possesses, a forged travel or identity document for the purpose of facilitating the commission of an offence of people trafficking is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.

Anti-Trafficking in Persons

CAP. 230 15

Any person being the owner. operator or master of any conveyance that engages in the conveyance of goods or people for commercial gain shall ensure that every person travelling on board is in possession of travel documents for the lawful entry of that person into the receiving country or transit country, and if not, shall refuse to convey such person.

Ally person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.

In any proceedings for an offence under this section, it shall be a defence for such owner. operator or master to prove that -

Any person convicted of an offence under this section is liable to pay the costs ofthe trafficked person's removal from the receiving country or transit country.

Where there is no prosecution or conviction under this section, the owner, operator or master of the conveyance used shall be jointly and severally liable for all expenses incurred by the Government in respect of the maintenance of the trafficked

-

person and his ~ e m ~ y a l f ? ~ r n E n u i

Darussalam and such expenses shall be recoverable as a debt due to the a

Government.

16 CAP. 230

Anti-Traflcking in Persons

In this section, "transit country" means the country from which, or into or through which, a trafficked person, is brought or travels through by air, land or sea or temporarily remains in as part of an act of people trafficking.

Whoever attempts to commit any offence punishable under this

Act or any regulations made thereunder, or abets the commission of such offence, shall be punished with the punishment provided for such offence.

Any person who conspires with another person to commit an offence against this Act or any regulations made thereunder is guilty of the offence of conspiracy to commit that offence and may be punished as if the offence to which the conspiracy relates had been committed.

any premises, room or place. knowingly permits a meeting to be held in that premises, room or place; or

Anti-Traficking in Persons

CAP. 230 17

any equipment or facility that allows for recording.

conferencing or meetings by means of technology. knowingly permits that equipment or facility to be used, for the purpose of committing an offence against this Act is guilty of an offence and liable on conviction to a fine not exceeding $50.000, imprisonment for a term not exceeding 10 years or both.

Any person who, directly or indirectly, provides or makes available financial services or facilities -

For the purposes of subsection (I), "financial services or facilities'' include the services or facilities offered by lawyers or accountants acting as nominees or agents for their clients.

An authorised officer may without a warrant -

No woman shall be searched under this section except by a woman.

Any authorised officer conducting a search under this Act shall be given access to computerised data whether stored in a computer or otherwise.

For the purposes of subsection (I), the authorised officer shall be provided with the necessary password, encryption code, decryption code, software or hardware or any other means required for his access to enable comprehension of the computerised data.

Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both, and in the case of a continuing offence, to a further fine not exceeding $2,000 for each day during which the offence continues after conviction.

LAWS OF BRLTNEI

Anti-Trafficking in Persons

CAP. 230 19

In this section, "computer" means any device for storing and processing information, and any reference to information being derived from other information is a reference to its being derived therefrom by calculation, comparison or any other process.

An authorised officer may, by notice in writing, require any person whom he believes to be acquainted with the facts and circumstances of the case to -

Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both, and in the case of a continuing offence, to a further fine not exceeding $2,000 for each day during which the offence continues after conviction.

Notwithstanding the provisions of any other written law, if the

Public Prosecutor considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence against this Act, he may. on the application of an authorised officer, authorise the officer -

When any person is charged with an offence against this Act, any information obtained by an authorised officer under subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.

An authorisation by the Public Prosecutor under subsection (1)

may be given either orally or in writing; but if an oral authorisation is given, the Public Prosecutor shall, as soon as practicable, reduce the authorisation into writing.

A certificate by the Public Prosecutor stating that the action taken by the authorised officer under subsection (1) had been authorised by him under that subsection shall be conclusive evidence that it had been so authorised, and such certificate shall be admissible in evidence without proof of signature thereof.

No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of any thing done under subsection (1 )(u), (b) or (c).

In this section -

"postal article" has the same meaning as in section 2 of the Post

Office Act (Chapter 52);

"Public Prosecutor" means the Public Prosecutor personally;

telecommunication^' has the same meaning as in section 2 of the

Telecommunications Order, 200 1 (S 381200 1).

makes any statement or furnishes any information or document which is false or misleading in a material particular: and

knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, is guilty of an offence and liable on conviction to a fine not exceeding

$1 0,000, imprisonment for a term not exceeding 2 years or both.

Where any conveyance, movable property, record, report or document has been seized under this Act, an authorised officer may temporarily return such conveyance, movable property, record, report or document to the owner on security or bond being furnished to the satisfaction of such authorised officer and subject to such conditions as such authorised officer may impose, that the conveyance, movable property, record, report or document shall be surrendered to him on demand.

Any person who fails to -

-#--..---.'--0.'----."-w*

fxmqm,

-

movable property, record. report or document temporarily returned to him under subsection (1); or

B. L. R.O. -1/2021

22

Anti-Traflcking in Persons

Subject to subsection (2), where an application is made by the

Public Prosecutor or the accused to a court for the evidence of a witness to be taken at any time before the date on which a criminal matter is fixed for trial, the court shall take the evidence of the witness appearing before it.

An application under subsection (1) can only be made if it is shown with respect to the witness that it is not reasonably practicable to secure his attendance at the time fixed for the trial.

Anti-Traficking in Persons

CAP. 230 23

The proceedings under this section must be conducted in the presence of the accused and co-accused, if any.

The witness called by a party to give evidence in the proceedings under this section may be cross-examined by any other party to the proceedings, after which the witness may be re-examined by the party calling him to give evidence.

Any statement of a witness taken in proceedings under this section may be given in evidence in any trial under this Act (whether or not by the same judge hearing the proceedings) although the person is not called as a witness.

any statement made by any person to an authorised officer in the course of an investigation under this Act; and

any document, or copy of any document. seized from any person by an authorised officer in exercise of his powers under this

Act, shall be admissible in evidence in any proceedings under this Act before any court. where the person who made the statement or the document or the copy of the document -

is dead;

All conveyance, movable property, record, report, document or any human orgaii seized in the exercise of any power conferred under this

Act are liable to forfeiture.

The court trying any person accused of an offence under this Act may at the conclusion of the trial, whether he is convicted or not, order that the conveyance. movable property, record, report, document or any human organ seized from that person be forfeited.

Where there is no prosecution with regard to any offence under this Act -

The notice in subsection (3)(6) shall specify that if there is no prosecution in respect of such conveyance, movable property, record, report

Anti-Traficking in Persons

CAP.230 25

or document and that such conveyance, movable property, record, report or document shall be forfeited at the expiration of one calendar month from the date of service of the notice unless a claim is made by the person from whom the conveyance, movable property, record. report or document was seized.

Upon receipt of the notice issued under subsection (3)(b). any person asserting that he is the owner of any conveyance, movable property, record, report or document seized under this Act which is not liable to forfeiture may. personally or by his agent authorised in writing by him, give written notice to the authorised oficer in whose possession the conveyance, movable property, record, report or document is held.

Upon receipt of a notice under subsection (9, the authorised officer who made the seizure shall refer the matter to the court for its determination.

The court to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the conveyance, movable property, record, report or document and the person from whom it was seized to appear before the court, and upon their appearance or default to appear. due service of the summons being proved, the court shall proceed to the examination of the matter, and on proof that such conveyance, movable property, record, report or document was the subject matter of or was used in the commission of an offence under this Act, shall order the conveyance, movable property, record, report or document to be forfeited or may, in the absence of such proof. order the release of such conveyance, movable property. record, report or document to the person entitled to it.

Any conveyance, movable property, record, report, document or any human organ forfeited or deemed to be forfeited shall be disposed of in any manner as the authorised officer deems fit.

No person shall publish or cause to be published any material which -

Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine of $10,000, imprisonment for a term not exceeding 3 years or both.

For the purposes of subsection (I), "material" includes a photograph.

Notwithstanding any written law to the contrary, in any proceedings against any person for an offence against this Act, no agent provocateur, whether he is an authorised officer or not, shall be presumed to be unworthy of credit by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person.

Notwithstanding any written law to the contrary, a conviction for any offence against this Act solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.

Except as hereinafter provided, no complaint as to an offence or any proceedings under this Act shall be admitted in evidence in any civil or criminal proceedings whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer or state any matter which might lead to his discovery.

If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contain any entry in which 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 be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery.

Anti-Trqfjicking in Persons

CAP. 230 27

If a trafficked person is placed in a shelter, any person who -

If any trafficked person who is placed in a shelter is removed without la*l authority, or escapes. from such shelter, he may be retaken by any authorised officer and immediately returned to such shelter.

The Director may provide to a trafficked person such assistance as the Director considers appropriate in the particular circumstances of the case.

including -

The Minister may -

For the avoidance of doubt, any appointment or authorisation under subsection (2) does not restrict or prevent the Director from exercising the functions under subsection (1 ).

Any person appointed or authorised under subsection (2) is deemed to be a public servant within the meaning of the Penal Code

(Chapter 22).

In this section, "Director" means the Director of the Department of Community Development.

There is hereby established a h n d called the Anti-Trafficking in

Persons Fund.

The Fund shall be administered and managed by the Permanent

Secretary.

The Minister, may authorise the payment into the Fund of such sum or sums as may be necessary to set up or maintain it, and any such payments shall be charged on and paid out of the Consolidated Fund.

Anti-Trqfficking in Persons

CAP. 230 29

The Fund shall consist of -

For the purposes of this Act, monies paid into the Fund do not form part of the Consolidated Fund.

Subject to subsection (2), monies in the Fund shall be applied for the following purposes -

The Permanent Secretary shall consult the Attorney General before applying the Fund for any of the purposes set out in subsection (1).

-

- --

-- -

- --- - .

- -

B.L.R.O. -LJ2021

30

Anti-Trafficking in Persons

Monies paid into the Fund, while not being applied for any of the purposes set out in subsection (l), shall be placed in the name of the Fund, in a current or deposit account, with one or more banks selected by the

Perrnanent Secretary. and any interest earned on such monies while held in any such account shall be credited to such account.

The accounts of the Fund shall be audited at least once annually by the Auditor General and the duly audited accounts shall be presented to the Minister of Finance and Economy.

In this section and section 44(2), "Permanent Secretary" means the Perrnanent Secretary to the Oflice of the Prime Minister.

his illegal entry into Brunei Darussalam;

his period of unlawful residence in Brunei Darussalam; or

his procurement or possession of any fraudulent travel or identity document which he obtained, or with which he was supplied, for the purpose of entering Brunei Darussalam, where such acts are the direct consequence of an offence of people trafficking that is alleged to have been committed or was committed.

The Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, make regulations which are necessary or expedient for giving effect to and carrying out the provisions of this Act. including any other thing for the due adn~inistration thereof.

Such regulations may include such incidental, consequential and a supplementary provisions as the Minister considers necessary or expedient.

B.L.R.O. -1,2021