Section 1
This Act may be cited as the Banishment Act.
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Banishment Act is Brunei Act, cited as Act 20 1984, currently marked in force and first recorded in 1984.
Section
Banishment
REVISED EDITION 1984
CHAPTER20
BANISHMENT
Opening note
This Act may be cited as the Banishment Act.
Whenever it shall be made to appear to the Minister on the written information of the Commissioner of Police that there is reasonable cause for believing that the banish-ment from Brunei of any person is neces.sary for the safety, peace or welfare of Brunei-
the Minister shall issue a warrant substan-tially in the form of the First Schedule and shall cause such person to be brought before him;
the Minister shall thereupon examine such person and record in writing any statement that such person may make;
the Minister may if he sees fit lay such writ-ten information and record before His Majesty the
Sultan and Yang Di-Pertuan in Council who may order that such person be banished from Brunei, or may order that such person do before a day to be named in the order execute a bond with sureties for his good behaviour in such amount and for such period as may be fixed in such order.
if any such person against whom a warrant has been so issued absconds or conceals himself so that such warrant cannot be executed he may be proclaimed and his property be attached by any
Court in the like manner in which the proclama-tion of a person absconding and attachment of his 5.99/59
Short title
Warrant of arrest and order of banishment 3
B.L.R.O. 1/1984
4
Execution of order of banishment
Arrest
Punishment for unlawful return
Banishment property may be effected under the Criminal Proc-edure Code Cap. 7;
the order of banishment shall be in the form of the Second Schedule and shall not be carried into effect until after 21 days have elapsed from its date;
the banishment may be for the life of the person banished or for such shorter period as His
Majesty in Council may think fit;
if any person ordered to give security for his good behaviour under the provisions of paragraph
does not give such security to the satisfaction of the Minister before the day named in that behalf in the order he shall be banished from Brunei for such period as His Majesty in Council may think fit.
A copy of the order of banishment in English and, if possible, in his own language shall be handed to such person.
If any person so banished shall be found in Brunei before the expiration of the period for which he was banished such person may be arrested by any officer without warrant.
Whoever having been lawfully banished from Brunei returns to Brunei before the expiration of his term of banishment, or without a remission of punishment, may either be removed from Brunei forthwith by order of the
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Banishment
Minister or may be prosecuted and on conviction shall be punished with imprisonment for any term not exceeding that for which he has been banished.
Whoever knowingly conceals or harbours any person whose banishment has been ordered but not yet car-ried into effect and whoever knowingly conceals any person who has unlawfully returned from banishment shall be guil-ty of an offence and shall be liable on conviction to a fine of
$1,000 or to imprisonment for 6 months.
Whoever is aware of the presence in Brunei of any person whose banishment has been ordered but not yet carried into effect or of the presence,.in Brunei of any person who has unlawfully returned froin banishment shall in the absence of reasonable excuse forthwith give informa-tion to the nearest magistrate or police officer and in default of so doing shall be liable on conviction to a fine of $500 or to imprisonment for 3 months.
Concealing or harbot ring banished person
His Majesty may at his discretion alter, annul or re-Powers of His duce any sentence passed under this Act.
Majesty 8.
No action shall be brought against any person for Protectionor anything done or bona fide intended to be done in the exer-officers cise or supposed exercise of powers given by this Act -
without giving to such person one month's previous notice in writing of the intended action and of the cause thereof;
after the expiration of 3 months from the date of the accrual of the cause of action;
In every action so brought it shall be expressly alleged that the defendant acted either maliciously or neg-ligently and without reasonable or probable cause, and if at
B.L.R.O. 111984
6
Banishment the trial the plaintiff shall fail to prove such allegation judg-ment shall be given for the defendant.
Though judgment shall be given for the plaintiff in such action such plaintiff shall not have costs against the defendant unless the Court before whom such action is tried shall certify its approbation of the action.
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Banishment
FIRST SCHEDULE
Brunei
(Banishment Act, Section 2 (a))
To the Commissioner of Police and all other police officers of Brunei
Whereas it has been made to appear to me by written information that there is reasonable cause for believing that the banishment from
Brunei is necessary for the safety, peace ·and welfare of Brunei:
This is to direct you the said Commissioner of Police and all other police officers to arrest the said and bring him before me with all convenient speed.
Given under my hand this day of ·
, 19
Minister, Brunei
SECOND SCHEDULE
Brunei
(Banishment Act, Section 2 (e))
Whereas on the day of
, 19
, a Warrant was issued by Minister for the arrest of on the ground that there is reasonable cause for believing that the banishment from Brunei of the said is necessary for the safety, peace and welfare of
Brunei.
Now it is hereby ordered by His Majesty the Sultan and Yang
Di-Pertuan in Council that the said be, and he hereby is, banished from Brunei for the period of provided that the said order of banishment shall not be carried into effect until the expiry of 21
days from this date.
Dated this day of
'19
Minister, Brunei 7
B.L.R.O. l!l984
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