COMMISSIONERS FOR OATHS
S 21/1993 1999 Edition, Chapter 169
S 12/1999
Amended by
S 25/2021
REVISED EDITION 2022
Commissioners for Oaths
CAP. 169 3
REVISED EDITION 2022
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Commissioners for Oaths Act is Brunei Act, cited as Act 169 1993, currently marked in force and first recorded in 1993.
Chapter
S 21/1993 1999 Edition, Chapter 169
S 12/1999
Amended by
S 25/2021
REVISED EDITION 2022
Commissioners for Oaths
CAP. 169 3
REVISED EDITION 2022
Opening note
Citation
This Act may be cited as the Commissioners for Oaths Act.
Interpretation
In this Act, unless the context otherwise requires —
“affidavit” includes affirmation, declaration (not being a statutory declaration), acknowledgment, examination and attestation.
Appointment of commissioners for oaths
The Chief Justice may, with the consent of His Majesty the Sultan and Yang Di-Pertuan and by notification published in the Gazette, appoint persons being advocates and solicitors of the Supreme Court to be commissioners for oaths.
[S 25/2021]
A commissioner for oaths appointed under subsection (1) shall not exercise any of the powers conferred on him by this Act in any proceeding in which he is an advocate or solicitor for any of the parties to the proceeding, in relation to any person who is a client of himself or of his firm, or in relation to any matter in which he is interested.
Taking of oaths outside Brunei Darussalam
Any oath or affidavit required for any purpose in Brunei
Darussalam may be administered or taken in any place outside Brunei
Darussalam by any person having authority to administer an oath in that place.
In the case of a person having such authority otherwise than by the law of a foreign country, judicial and official notice shall be taken of his seal or signature affixed, impressed or subscribed to or on any such oath or affidavit.
Commissioners for Oaths
CAP. 169 6
Appointment of persons to administer oaths for prize proceedings
The Chief Justice may authorise any person to administer an oath and take an affidavit for any purpose relating to prize proceedings in the Supreme
Court, whilst that person is on the high seas or out of Brunei Darussalam and it shall not be necessary to affix any stamp to the document by which he is so authorised.
Powers of commissioners for oaths
A commissioner for oaths (whether appointed under this Act or under any other written law) may administer an oath or take an affidavit for any purpose, whether under any written law or otherwise.
Every commissioner for oaths (whether appointed under this Act or under any other written law) before whom any oath or affidavit is administered or taken shall state truly in the jurat or attestation at what place and on what date the oath or affidavit was administered or taken.
Powers as to oaths etc. abroad
Every ambassador, envoy, minister, charge’ d’affaires, secretary or consular or other officer of a Brunei Darussalam embassy, legation or consulate, exercising his functions in a foreign country, may in that country, administer any oath or take any affidavit.
An oath or affidavit administered or taken by or before such a person as is specified in subsection (1) shall be as effectual as if duly administered or taken by or before a lawful authority in Brunei Darussalam.
A document which purports to be signed by a person authorised to act by subsection (1) shall be admitted in evidence without proof that the document was signed by that person or of the latter’s office.
False statement in affidavit punishable under Penal Code
An affidavit sworn under this Act is deemed to be such a declaration as is referred to in sections 199 and 200 of the Penal Code (Chapter 22).
Fees
A commissioner for oaths appointed under this Act may charge such fees as the Chief Justice may prescribe by Act.
Commissioners for Oaths
CAP. 169 7
Rules
The Chief Justice may make rules for carrying the provisions of this
Act into effect.
Chapters 3 and 12 not affected
Nothing in this Act shall affect the provisions of the Oaths and
Affirmations Act (Chapter 3) and the Statutory Declarations Act
(Chapter 12).
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