Section 116
of Criminal Asset Recovery Order, 2012
Section 116
(1)
A Court of a Magistrate may, on the application of the authorised officer by written notice require a person who is the subject of an investigation in respect of a money laundering offence or serious offence to surrender to the authorised officer any travel documents in his possession.
(2)
A notice under subsection (1) shall be served personally on the person to whom it is addressed.
(3)
A person on whom a notice under subsection (1) is served shall forthwith comply with such notice.
(4)
If a person on whom a notice under subsection (1) has been served fails to comply with forthwith the notice, he may thereupon be arrested and taken before a Court of a
Magistrate.
(5)
Where a person is taken before a Court of a Magistrate under subsection (4), the
Court of a Magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the Court of a Magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely detained –
(a)
until the expiry of the period of 28 days from the date of his committal to prison as aforesaid; or
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
114
BLUV as at 11th March 2017
(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 authorised officer under this section may be detained for 9 months from the date on which it was surrendered and may be detained for a further 3 months if a magistrate, on application by the authorised officer, is satisfied that the investigation could not reasonably have been completed before the date of such application and authorises such further detention.
(7)
Subject to subsection (6) a person to whom a notice under subsection (1) is served shall not leave Brunei Darussalam before the expiry of a period of 9 months or further from the date of surrender of the travel document unless an application made under section 117(1) for the return of travel document is granted.
(8)
All proceedings before a magistrate under this section shall be conducted in chambers.
(9)
In this section, “travel document” means a passport or other document establishing the identity or nationality of a holder.
Return of travel documents.