Section 27
Section 27
(1)
Every employer shall, on polling day, allow to every elector in his employ a reasonable period for voting, and no employer s·hall make any deduction from the pay or other remuneration of any such elector or impose upon or exact from him any penalty by reason of his absence during such period.
(2)
Any employer who, directly or indirectly, re-fuses, or by intimidation, undue influence, or in any other manner, interferes with the granting to any elector in his employ, of a reasonable period for voting, as in this section provided, shall be guilty of an offence: Penalty, a fine of
$3,000 and imprisonment for 12 months.
(3)
This section shall not extend to such categories of employees as His Majesty in Council may from time to time by notification in the Gazette designate.
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Election Offences
( 4) The provisions of this section shall be binding on the Government of Brunei.
33 28.
(1)
No person shall furnish or supply any musical Un:i~ation of
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poht1cal mstrument or ou spea er to any person Wit Intent t at It propaganda shall be used by any person in any way or used in or upon vessels, animals, motorcars, trucks, or other vehicles as or for the purpose of political propaganda on polling day and no person shall with any such intent use himself or use in or upon any vessel, animal, motorcar, truck, or other vehicle any such musical instrument or loud speaker on polling day.
(2)
Subject to the provisions of subsection ( 5) of this section no person shall furnish or supply any flag, ensign, banner, standard, poster or label to or for any person with intent that it be worn, carried or used by any person within any constituency, on polling day, as a party badge to disting-uish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate; and no person shall wear, carry or use any flag, ensign, banner, standard, poster or label as such badge, within any constituency, on polling day.
(3)
No person shall on polling day, within a distance of 50 yards from the limits of any polling station -
(a)
endeavour to establish the identity of any person entering a polling station;
(b)
check on any list the name of any person entering or leaving a polling station;
(c)
place any desk or table or establish any office or booth for any purpose connected with an election;
(d)
solicit or persuade or attempt to persuade any person to abstain from voting at the election,
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Election Offences or to vote or to abstain from voting for any candi-date at the election;
(e)
wait or loiter except for the purpose of gain-ing entry to the polling station to cast his vote;
(f)
congregate or move in any public place in any electoral ward in a group of five or more per-sons with the intention of showing support for or opposition to any candidate or political party:
Provided that nothing herein shall prevent the proper officer or any person authorised by the proper officer from carrying out his duties in relation to the conduct of any election.
(4)
Subject to the provisions of subsection (5) of this section no flag, ensign, banner, standard, poster or label shall at any time be publicly displayed as or for the purpose of political propaganda on polling day; and the proper officer shall remove or cause to be removed any such flag, ensign, banner, standard, poster or label displayed in con-travention of this subsection.
(5)
NothiiJg contained in subsection (2) or subsec-tion ( 4) of this section shall be deemed to extend to the furnishing or supplying of any rosette or favour not exceed-ing 7 square inches in superficial area bearing the symbol allotted to any candidate or of any label not exceeding 50
square inches in superficial area bearing such symbol or to the wearing upon the person of one such rosette or favour to the display of one such label on any vehicle or vessel.
( 6) An offence under this section shall be a seizable
Cap. 7
offence within the meaning of the Criminal Procedure
Code.
(7)
Any person who contravenes any of the provi-sions of this section shall be guilty of an offence: Penalty, a fine of $6,000 and imprisonment for 2 years.
Election Offences
CAP. 26 29.
(1)
No person shall, between the date on which the candidates for election are nominated and the time of the declaration by the returning officer of the result of the elec-tions, on behalf of any candidate canvass for votes or address any public meeting held in the constituency, elector-al ward or electoral district, as the case may be, unless he
IS-
(a)
not disqualified for appointment as an elec-tion agent under subsection (1) of section 13; and
(b)
in possession of a written authority, in the
FormE in the First Schedule, signed by an election agent.
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(2)
Every election agent shall, within 48 hours of issuing any authority under subsection (1) of this section, lodge 3 copies of such authority with the proper officer.
(3)
In this section "canvass" means soliciting on be-half of any candidate the votes of electors in any constituen-cy, electoral ward or electoral district for or against any candidate or political party at an election by -
(a)
visiting electors at their homes or places of work;
(b)
convening or organising or assisting in con-vening or organising any public meeting, proces-sion or demonstration;
(c)
interviewing members of the public; or
(d)
distributing or causing to be distributed any written or printed appeal in favour of or against any candidate or political party.
( 4) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an 35
Appointment of canvassers
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Punishment for conviction for illegal practice
Report ex-onerating candidate in certain cases of corrupt and illegal practice by agents
Election Offences offence: Penalty, a fine of $6,000 and imprisonment for 2
years.