Section 25
( 1)
of Criminal Conduct (Recovery of Proceeds) Order, 2000
A person is guilty of an offence if -
{a}
he knows or has reasonable grounds for suspecting that any member of the Reporting Authority or other person is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted into money-laundering; and
{b)
he discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation.
(2)
A person is guilty of an offence if-
{a}
he knows or has reasonable grounds for suspecting that a disclosure
("the disclosure") has been made to the Reporting Authority under sections 21 or 22; and
{b}
he discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.
1006
(3)
A person is guilty of an offence if-
{a} he knows or suspects that a disclosure of a kind mentioned in subsection (3) of section 21 or subsection (5) of section 22 ("the disclosure 11
) has been made; and
(b)
he discloses to any person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure.
(4)
Nothing in subsections 11) to (3) makes it an offence for a person to disclose information or any other matter to an advocate and solicitor for the purposes of legal advice or for an advocate and solicitor to disclose any information or other matter -
(a} to, or to a representative of, a client of his in connection with the giving by him of legal advice to that client; or
(b)
to any person -
(i)
in contemplation of, or in connection with, legal proceedings;
and jii) for the purpose of those proceedings.
(5)
Subsection (4) does not apply in relation to any information or other matter which is disclosed with a view to furthering any criminal purpose.
(6)
In this section, "money-laundering" means doing any act -
{a} which constitutes an offence under sections 21, 22 or 23; or
(b} in the case of any act done outside Brunei Darussalam, which would constitute such an offence if done in Brunei Darussalam, and for the purpose of this subsection, having possession of any property shall be taken to be doing an act in relation to it.
(7)
A person guilty of an offence under this section is liable on conviction to imprisonment for a term not exceeding five years, a fine or both.
(8)
No prosecution shall be instituted for an offence under this section without the consent of the Attorney General.
(9)
No member of the Reporting Authority or any other person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement or intended enforcement, of 1007
BRUNEI DARUSSALAM GOVERNMENT GAZETTE any provision of this Order or of any other written law relating to any offence to which this Order applies.
Supplementary
Application of procedure for enforcing fines.