Section 24
of Drug Trafficking (Recovery of Proceeds) Act
Section 24
(1)
A police officer or an officer of the Bureau may, for the purpose of an investigation, within Brunei Darussalam or elsewhere, into drug trafficking, apply to a magistrate for an order under subsection (2) in relation to particular material or material of a particular description.
(2)
Subject to subsection (10) of section 27, if on such an application the magistrate is satisfied that the conditions in subsection (4) are fulfilled, he may make an order that the person who appears to him to be in possession of the material to which the application relates shall —
(a)
produce it to a police officer or to an officer of the Bureau for him to take away; or
(b)
give a police officer or an officer of the Bureau access to it, within such period as the order may specify.
Drug Trafficking
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(3)
The period to be specified in an order under subsection (2) shall be 7 days, unless it appears to the magistrate that a longer or shorter period would be appropriate in the particular circumstances of the application.
(4)
The conditions referred to in subsection (2) are that there are reasonable grounds for suspecting that —
(a)
a specified person has carried on or has benefited from drug trafficking;
(b)
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)
believing that it is in the public interest, having regard —
(i)
to the benefit likely to accrue to the investigation if the material is obtained; and
(ii)
to 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 magistrate makes an order under paragraph (b) of subsection (2) in relation to material on any premises he may, on the application of a police officer or an officer of the Bureau, order any person who appears to him to be entitled to grant entry to the premises to allow a police officer or an officer of the Bureau to enter the premises to obtain access to the material.
(6)
Provision may be made by 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 —
Drug Trafficking
(Recovery of Proceeds)
B.L.R.O. 1/2000 37
(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.
(8)
An order under subsection (2) —
(a)
shall not confer any right to production of, or access to, items subject to legal privilege;
(b)
shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by any written law or otherwise; and
(c)
may be made in relation to material in the possession of a
Government department.
(9)
Any person who, knowing or having reason to believe that an application for an order under subsection (2) has been or may be made, causes the disappearance or destruction of or damage to any material to which the application relates or is likely to relate is guilty of an offence and liable on conviction to imprisonment for a term not exceeding 5 years, to a fine or both.
(10)
In this section —
“items subject to legal privilege” means —
(a)
communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
(b)
communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purpose of such proceedings; and
(c)
items enclosed with or referred to in such communications and made —
(i)
in connection with the giving of legal advice; or
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(ii)
in connection with or in contemplation of legal proceedings and for the purpose of such proceedings, when they are in the possession of a person who is entitled to possession of them:
Provided that items held with the intention of furthering a criminal purpose are not items subject to legal privilege;
“premises” includes any place and, in particular, includes —
(a)
a vehicle, vessel, aircraft and hovercraft;
(b)
an installation which is maintained, or is intended to be established, for underwater exploitation or exploration;
(c)
a tent or other movable structure.
Failure to comply with order made under section 24(2).