Section 28
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 28
(1)
A police officer may, for the purpose of an investigation, whether within
Brunei Darussalam or elsewhere, into an offence to which this Order applies, apply to the Court for an order under subsection (2) in relation to particular material or to material of a particular description.
(2)
If on such an application the Court is satisfied that the conditions in subsection (4) have been fulfilled, it may make an order that the person who appears to it to be in possession of the material to which the application relates shall-
{a} produce it to a police officer to take away; or
{b) give a police officer access to it, within such period as the order may specify.
(3)
The period to be specified in an order under subsection (2) shall be seven days, unless it appears to the Court that a longer or shorter period would be appropriate in the patticular circumstances of the application.
(4)
The conditions referred to in subsection (2) are that there are reasonable grounds 1009
{a} for suspecting that a specified person has carried on or has benefited from an offence to which this Order applies;
{b) for suspecting that the material to which the application relates
(i)
is likely to be of substantial value !whether by itself or together with other material) to the investigation for the purpose of which the application is made; and
(ii)
does not consist of or include items subject to legal privilege;
and
{c) for believing that it is in the public interest, having regard to-
(i)
the benefit likely to accrue to the investigation if the material is obtained; and
(ii)
the circumstances under which the person in possession of the material holds it, that the material should be produced or that access to it should be given.
(5)
Where the Court has made an order under paragraph (b) of subsection
(2)
in relation to material on any premises, it may, on the application of a police officer, order any person who appears to it to be entitled to grant entry to the premises to allow a police offi.cer to enter those premises to obtain access to the material.
(6)
The Chief Justice may, with the approval of His Majesty the Sultan and
Yang Di-Pertuan, make Rules of Court as to
{a} the discharge and variation of orders under this section; and
{b) proceedings relating to such orders.
(7}
Where the material to which an application under this section relates consists of information contained in a computer -
{a} an order under paragraph {a} of subsection (2} shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
(b)
an order under paragraph (b) of subsection (2) shall have effect as an order to give access to the material in a form in which it is visible and legible.