Section 117
of Criminal Asset Recovery Order, 2012
Section 117
(1)
When a travel document has been surrendered and retained by an authorised officer under section 116 a person affected by such order may at any time make application in writing, to a magistrate for its return, and every such application shall contain a statement of the grounds on which it is made.
(2)
A magistrate shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the Public Prosecutor or the authorised officer.
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
115
BLUV as at 11th March 2017
(3)
Before an application is granted under this section the applicant may be required to –
(a)
deposit such reasonable sum of cash money with the authorised officer as deems fit;
(b)
provide local surety; or
(c)
satisfy paragraphs (a) and (b).
(4)
Any such applicant or surety may be required to deposit reasonable sum of cash money with the authorised officer as deems fit, for retention by the authorised officer until such time when the travel document is returned to the authorised officer.
(5)
Failure of the applicant to return to Brunei Darussalam or to surrender the passport to the Bureau within the specified time will render the deposit held by the authorised officer to be forfeited to the Government.
(6)
An application under this section may be granted subject to the conditions that –
(a)
the applicant shall further surrender his travel document to the authorised officer at such time as may be specified; and
(b)
the applicant shall appear at such time and place in Brunei Darussalam as may be specified.
(7)
Where a travel document is returned to the applicant under this section subject to a condition imposed under subsection (6), then after the time specified under that subsection, the provisions of section 116(7) shall continue to apply in respect of the applicant and the provisions of section 116 shall continue to apply in respect of the travel document surrendered by the applicant pursuant to the condition as if no return had been made to the applicant under this section.
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
116
BLUV as at 11th March 2017
Power to intercept communications.