Section 1
Introductory
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Emergency Order is Brunei ORDER, cited as ORDER E17 1962, currently marked in force and first recorded in 1962.
THE EMERGENCY ORDERS, 1962
Introductory
Short title
Interpretation
Prohibition of uniforms, emblems, etc.
Possession of subversive documents.
False information and false evidence.
Attempt to commit offences and assisting offenders.
Abetment and general penalty.
Power to order detention.
Removal of detainee from one place to another.
Detention 11.
Detained person may be ordered to leave the State.
Fire-arms, ammunition and explosives.
Offensive weapons.
Supplies.
Consorting with person carrying or having possession of arms or explosives.
Failure to report offences or to give information concerning insurgents.
Protected place.
Arrest.
Arrest of persons suspected of being liable to deten-tion.
Powers of arrest and search by members of H .M.
Forces and of Local Forces.
Use of lethal weapons in effecting arrests.
Power of search.
Power of search for and seizure of offensive weapon.
Power to serze premrses.
Power to serze printing press and premises used for printing.
Power to take possession of land or buildings.
Prohibition of printing, sale, etc., of documents.
Interpretation.
Admission of statements m evidence.
Evidence and presumptions.
Inquests etc.
Ordinary procedure to apply subject to variations effected by Orders.
Trial with the aid of assessors.
Certifying of case as an emergency case.
No preliminary inquiry in emergency procedure cases.
Record, depositions, etc., to be forwarded.
3 7.
Date for trial.
Statement of witnesses to be supplied to the accused.
Notice of appeal.
Assignment of counsel.
Notice of hearing of appeal.
STATE OF BRUNEI
No. E 17 OF 1962
. THE CONSTITUTION OF THE STATE OF BRUNEI, 1959
PROCLAMATION OF EMERGENCY
State
Seal
SIR OMAR ALI SAIFUDDIN
H.H. the Sultan of Brunei.
In the name of God, the Compassionate, the Merci-ful, PRA1SE be to GOD, the Lord of the Universe, and may the benediction and peace of GOD be upon
Our Leader Muhammad and upon all his Relations and Friends.
4
WHEREAS it is provided under section 83 of the Constitution of the State of Brunei, 1959, that whenever it appears to the Sultan that an occasion of public danger exists whereby the security or econo-mic life of the State, or any part thereof, is threaten-ed, whether by war or external aggression or internal disturbance, actual or threatened, he may by Pro-clamation declare a state of emergency either in the whole State or in such part of the State as may be specitied in the Proclamation :
AND WHEREAS, we are satisfied that an occasion of public danger exists in the State whereby the security of the State is threatened by actual in-ternal disturbance :
NOW, THEREFORE, WE, OMAR ALI
SAIFUDDIN SA'ADUL KHAIRI WADDIN IBNI
ALMARHUM MOHAMED JAMAL-UL ALAM of the State and Territory of Brunei, and all its
Dependencies,
SULTAN,
SOVERElGN
AND
ClilEF OF THE MOST ESTEEMED FAMILY
ORDER, SOVEREIGN AND CHIEF OF THE
MOST GALLANT ORDER OF PAHLAWAN
NEGARA BRUNEI, SOVEREIGN AND CHIEF
OF THE MOST BLESSED ORDER OF STIA
NEGARA BRUNEI, SOVEREIGN AND CHIEF
OF THE MOST HONOURABLE ORDER OF
THE CROWN OF BRUNEI, MOST EXALTED
ORDER OF SERI
MAHKOTA NEGARA,
MOST ESTEEMED FAMILY ORDER (FIRST
CLASS) KELANTAN, MOST ESTEEMED FA-MILY ORDER (FIRST CLASS)
JOHORE,
MOST ESTEEMED FAMILY ORDER (FIRST
CLASS) SELANGOR, HONORARY KNIGHT
COMMANDER OF THE MOST DISTING-UISHED ORDER OF SAINT MICHAEL AND
SAINT GEORGE :
do hereby DECLARE AND PROCLAIM a state of emergency in the State of Brunei.
So be it. Such is the Proclamation of Emer-gency.
May GOD, to Whom be praise and whose name be exalted, the King of Kings, vouchsafe His grace and may the Prophet Muhammed (on whom be the benediction and peace of GOD) grant His
Blessings to this Proclamation.
Amen!
0 Lord of the Universe!
Done at the Istana Darul Hana, Brunei this 15th day of Rejab the Hajira of the Prophet (on whom be the benediction and peace of GOD) One thousand three hundred and eighty-two correspond-ing to the 12th day of December One thousand nine hundred and sixty-two of the Christian era, being the thirteenth year of Our reign.
By COMMAND,
MARSAL BIN MAUN
M entri Besar,
Brunei.
5
6
THE CONSTITUTION OF THE
STATE OF BRUNEI, 1959
( Orders under section 83 ( 3) )
THE EMERGENCY ORDERS, 1962.
In exercise of the powers conferred by sub-section ( 3) of section 83 of the Constitution of the
State of Brunei, 1959, His Highness the Sultan of
Brunei makes the following Orders:-
PART I
Introductory.
Short title.
1.
These Orders may be cited as the Emergency
Orders, 1962.
Interpretaion.
2. ( 1) In these Orders, unless the context otherwise reqmres:-
"ammunition" means ammunition for any fire-arm as hereafter defined and in-cludes grenades, bombs and other like missiles whether capable of use with such a fire-arm or not, and any ammunition containing or designed or adapted to con-tain any noxious liquid, gas or other thing;
"explosive"-
means gunpowder, nitro-glycerine, dynamite, gun-cotton, blasting pow-der, fulminate of mercury or of other metals coloured fires and every other substance, whether simi-lar to those above mentioned or not, used or manufactured with a view to produce a practical effect by ex-plosion or a pyrotechnic effect; and
includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of all des-criptions and every adaptation or preparation of an explosive as above defined;
No. 6 of 1962.
"fire-arm" means any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged or which can be adapted for the dis-charge of any such shot, bullet or other missile and any weapon of whatever des-cription designed or adapted fJr the dis-charge of any noxious liquid, gas or other thing, and includes any component part of any such weapon as aforesaid;
""
"
l msurgent means any person "'" 10 -
by the use of any fire-arm, explosive or ammunition acts in a manner prejudicial to the public safety or to the maintenance of public order;
(b ) incites to violence or <ounsels dis-obedience to the lav,' or to any law-ful order made;
carries or has in his possession or under his control any fire-arm, am-munition or explosive or other offen-sive weapon without lavvful autho-rity therefor ;
"Orders" means any Order made under sub-section (3) of section 83 of the Constitu-tion of the State of Brunei and includes any operative provision of the Public
Order Enactment, 1962.
"public place" includes any highway, public street, public road, public park or gar-den, any sea beach, river, public bridge, land, footway, square, court, alley or passage, whether a thoroughfare or not, any unalienated land and any open space, whether such open space is en-closed or unenclosed, or place of public resort to which for the time being the public have or are permitted to have access, whether on payment or otherwise.
"subversive documents" means any document which contains -
7
8
(a ) any subversive matter; or
any propaganda or matter support-ing, propagating or advocating acts prejudicial to the public safety in the State of Brunei or the mainten-ance of public order therein or in-citing to violence therein or coun-selling disobedience to the law thereof, or to any lawful order therein; or
any reference to or account of any collection of, or any request or de-mand for, any subscription, contri-bution or donation, whether in money or in kind or any request or demand for supplies for the benefit directly or indirectly for the use of persons who intend to or are about to act or have acted in a manner prejudicial to the public safety in the State of Brunei or to the main-tenance of public order therein or to incite to violence therein or coun-sel disobedience to the law thereof or any lawful order therein; or
any message or communication v,rhatsoever from or intended to be received by an insurgent other than a communication issued by or at the request of a public officer acting in the course of his duty, and includes any document indicating a connec-tion, association or affiliation with any unlawful society.
"supplies" includes money, food, drink, cloth-ing, medicines, drugs, or any other stores, instruments, commodities, articles or things whatsoever.
( 2) In any Order made under the Emergency
Orders, 1962, the phrase, or any other phrase to the like intent, "member of Her Majesty's Naval, Mili-tary or Air Forces or of any Local Forces established
Prohibition of uniforms emblems, etc.
Possession of subversive documents.
under any written law" shall, unless otherwise ex-pressly provided to the contrary, include only such members who are actually in the service of such forces.
· 3. ( 1) The Mentri Besar, may, if he considers it ex-pedient in the public interest so to do, by order pro-hibit the manufacture, sale, use, display or possession of any flag, banner, badge, emblem, device, uniform or distinctive dress.
( 2) Any person contravening any provision of an order made under this Order shall be guilty of an offence against these Orders.
( 3) Any article in respect of which an offence has been committed under this Order may be seized and destroyed or otherwise dealt with as the Commis-sioner of Police may direct, whether or not the iden-tity of the offender is knovm and whether or not any prosecution has been commenced in respect of the offence.
4. ( 1) Any person who, without lawful excuse, car-ries or has in his possession or under his control any subversive document shall be guilty of an offence and shall be liable to imprisonment for a term not ex-ceeding ten years.
( 2) Every document purporting to be a subversive document shall be deemed to be a subversive docu-ment until the contrary is proved; and where in any prosecution under this Order it is proved that a per-son was carrying or had in his possession or under his control a subversive document he shall be deemed to have known the nature and contents of such docu-ment:
Provided that no person shall be convicted of an offence against this Order if he proves to the satisfaction of the Court -
( i)
that he was not a ware of the nature or contents of the subversive document which he was carrying or had in his pos-session or under his control; and 9
10
Failure to deliver sub-versive docu-ments and other articles.
False infor-mation and false evidence
Cap. 22
( ii )
that he was carrying or had the subver-sive document in his possession or under his control in such circumstances that at no time did he have reasonable cause to believe or suspect that such document was a subversive document.
( 3) Any person who receives any prohibited flagl banner, badge or other articles, or other document from or purporting to be from or which there are reasonable grounds for believing to be from any in-surgent or from any person acting on behalf of any insurgent shall deliver up the same without delay to a police officer and any person who fails to do so or who unless authorised to do so by a police officer not below the rank of Superintendent communicates to any other person or publishes or causes to be publish-ed the contents of any such message, letter or other document shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years.
5. ( 1) Any person who gives to any member of Her
Majesty's Naval, 11ilitary or Air Forces or to any member of any Local Forces established under any v.rritten law or to any public officer any information orally or in writing which he knows or believes to be false, intending thereby to cause or knowing it to be likely that he will thereby cause such member or officer to use the lawful power of such member or officer to the injury or annoyance of any person or to do or omit to do anything which such member or officer ought not to do or omit if the true state of facts respecting which such information is given were known to him, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding seven years.
( 2) Sections 194 and 195 of the Penal Code shall apply to any offence against these Orders as if it were an offence punishable under the Penal Code.
( 3) A prosecution for an offence under this Order shall not be instituted except by or with the consent of the Attorney General personally, provided that a person charged with such an offence may be arrested
Attempt to commit offences and assisting offenders.
Cap. 22
Abetment and general penalty.
Power to order 1detention.
or a warrant for his arrest may be issued and execut-ed and any such person may be remanded in cus-tody or on bail notwithstanding that the consent of the Attorney General to the institution of a prosecu-tion for the offence has not been obtained but no further or other proceedings shall be taken until that consent has been obtained.
6. ( 1) \1\l"ithout prejudice to the operation of Chap-ter V and Chapter XXIII of the Penal Code, any person v.rho attempts to commit, or does any act pre-paratory to the commission of an offence against any of these Orders, shall be deemed to be guilty of that offence against these Orders.
( 2) No person, knowing or having reasonable cause to believe that another person is guilty of an offence against any of these Orders, shall give that other person any assistance vvith intent thereby to prevent, hinder, or interfere with the apprehension, trial or punishment of that person for the said offence.
7.
If any person contravenes or fails to comply with any of these Orders, or any order or rule made under any of these Orders, or any direction given or requirement imposed under any of these Orders, or abets such contravention or failure, he shall be guilty of an offence against these Orders; and subject to any special provisions contained in these Orders, a per-son guilty of an offence against these Orders shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand dollars or to both such imprisonment and such fine.
PART II
Detention and Deportation ·
8.
''Pow~r to order
( 1) The Mentri Besar may, by detentiOn.
order under his hand, direct that any person named in such order shall be detained for any period not exceeding two years in such place of detention as may be specified by the Mentri
Besar in the order, and in the case of any order in which the period speci:
fied is less than two years, the Mentn
Besar may, by endorsement on such order, from time to time direct that such period be extended for a further period or further periods not exceed-ing, in the aggregate and together with the period originally specified in the order, two years:
Provided that-
Nothing in this Order shall prevent the M ·ntri
Besar from makin from 11
12
( ii)
time to time a further order or further orders in respect of the same person for a further period or for further periods not ex-ceeding two years in the case of each such order, so that every such further order shall take effect upon the expiration of the period specified in the order immediately preced-ing it;
Where under any of the provisions of this Order the operation of any order of detention has been suspended subject to con-ditions, the Mentri Besar may without making a further order of detention direct that such conditions shall continue to have ef-fect notwithstanding the expiration of the order of detention for such period, not exceeding two years, as he may specify and rna y from time to time by a further direction or direc-tions extend the period during which such condi-tions shall continue to have effect for such fur-ther period or periods, not exceeding two years in the case of any such direction, as he may specify.
( 2) For the purposes of this Order there shall be one or more Advisory
Committees consisting of persons ap-pointed by the Sultan. The Chair-man and two other members of the
Committee shall constitute a quorum.
( 3) In addition to appointing the
Chairman of any Committee the Sul-tan may appoint an alternative Chair-man who shall preside over such
Committee at any time when the
Chairman is unable to do so.
( 4) The functions of any such
Committee shall be to enquire into the grounds on which a person has been detained under this Order and to ad-vise whether and under what condi-tions the order made under paragraph
( 1) of this Order shall be cancelled or suspended.
( 5) All questions in the Advisory
Committee shall be determined by a majority of votes of the Chairman or
Deputy Chairman, as the case may be, and of any member present and vot-ing.
In case of an equality of votes the Chairman or Deputy Chairman, as the case may be, shall have a cast-ing vote.
( 6) The Mentri Besar, or any per-son authorised by him in that behalf by notification in the Gazette, may -
cancel any order made under paragraph ( 1) of this Order;
direct that the operation of any such order be sus-pended and in so doing may impose such condi-tions as to him rna y seem desirable, including a con-clition that the person against whom the order was made shall enter into a bond, for the due com-pliance with any such condition or conditions, of such amount and with 13
14 1
n
(c)
.such s~r~ties as the Men-tri Besar or the person giving the direction may think fit;
revoke any direction given under sub-paragraph (b)
of this paragraph if he is satisfied that the person against whom the order was made has failed to ob-serve any condition im-posed as aforesaid or that it is not expedient that the operation of the order should continue to be sus-pended."
.._._...._........._,
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"'-'.\.J.&..L.1.6
J..l..l.'-'-J
..1..1..1..1.1-'VIJV such condition as to it may seem desirab,Ye, including a condition that Sf!ch person shall enter into a bond5 for the due compliance with any/such condition, of such amount an,d. with such sureties as may be approved by the Committee or the
Commission, as the case may be,
!
1or by such other authority or per-son as the Committee or the Com-mission may specify.
ly Committee of Review or the Commis-A
'on, as the case may be, may respective-y revoke any direction given by a Com-mittee or by the Commission under sub-paragraph (iii) of paragraph (a) of this Order if it is satisfied that the person against whom the order was made has failed to observe any condition imposed as aforesaid or that it is not expedient that the operation of the order should continue to remain suspended.
( ) The Commission hereinbefore referred to sh 1 be appointed by the Sultan and shall consist of a Chairman and a Deputy Chairman and such number of members as the Sultan thinks fit.
The
Chairman and Deputy Chairman shall be persono/'
who hold or who have held judicial office or officy§
as law officers.
The Chairman or Deputy Chair-man and any two members shall constitut/ a
I quorum.
(a)
(b)
I
/
The Commission may at any time/ review anv order or direction made elr g·iven
,
~
under paragraph ( 1) of th~·s rder or any proviso thereto and any conditions upon which the operation 'f any such order has been suspended )!lnder any of the provisions of this Order, and shall review at intervals of noy'more than six months, every such orclef, direction and conditions.
On a review of any prder, direction or conditions, in accord ~nce with the provi-sions of sub-paragr~ph (a) of this para-graph, the CommYssion shall have the following powers · 1
l
( i) on a review of an order of deten-tion, wheJ the person to whom the order relates is detained in a place of detel)tion, the powers conferred upon tl'te Mentri Besar by para-graph/ (11) of this Order;
( ii) on aj review of a direction given undr. sub-paragraph ( ii) of the pro[,iso to paragraph ( 1) of this
Oraer whereby any person is re 1 uired to comply with any con-d" ions, the power to v~ry or cancel s ch conditions or any of them;
n a review of any conditions upon which the operation of any order of detention has been suspended, the power to cancel such order or to vary or cancel such conditions or any of them:
15
16
Cap. 22.
Provided that ·where in the opinion of the Chai -
man or Deputy Chairman it is expedient to val); in favour of the person detained or cancel any o der or condition such power may be exercised b the
Chairman or Deputy Chairman in person.
( 9) (a ) Not less than two weeks beforl the re-view of any order made under l?aragraph
( 1) of this Order under whioh any per-son is detained in a place of q~tention the
Chairman or Deputy Chaifman of the
Commission shall cause nodce to be given to. the person so detained pf the time and place where the Commission will sit for the purpose of reviewirr~ such order and the person so detaine¢' shall be entitled to appear before the ,Commission in per-son or by counsel, <ydvocate or agent.
T he Commission j may, in writing ad-dressed to the offJcer in charge of any place of detentioft require the production before it of any person detained therein under an ordyt made under paragraph
( 1) of this Older, and the aforesaid offi-
'
cer shall cat se such person to be pro-duced in ar ordance with such require-ment.
Any persgh taken outside a place of de-tention i ~ pursuance of the provisions of the last /preceding sub-paragraph shall, while optside such place of detention, be deemedi to be in lawful custody for the purpofoe of the Penal Code.
The t ommission may in its discretion re-quir . any person to supply any informa-tio in his possession relating to any mat-ter which is being considered by the
G mission in the exercise of its powers u der this Order.
(e)
ll proceedings before the Commission hall be held in camera.
Removal of detainee from one place to another.
Detention.
( 10) Subject to the provisions of the proviso [o paragraph ( 4) of this Order, all questions in / ny
Committee of Review or in the Commission sh<f(l be determined by a majority of votes of the Chai'rman or Deputy Chairman, as the case may be,:t n 1 of any member present and voting. In case of a equality of votes the Chairman or Deputy Chair n, as the case may be, shall have a casting vote. j
( 11 ) The Mentri Besar, or any peq6n authorised by him in that behalf by notification {n the Gazette, may-
cancel any order mad under paragraph
( 1 ) of this Order;
direct that the op ration of any such order be suspende , and in so doing may impose such co itions as to him may seem desirable, including a condition that the perso against whom the order was made sha enter into a bond, for the clue complia ce with any such condition or conditio s, of such amount and with such suret' s as the Mentri Besar or the person gi ing the direction rna y think fit;
revoke ny direction given under sub-paragr. ph (b) of this paragraph if he is satis d that the person against whom the der was made has failed to observe anr, condition imposed as aforsesaid or th tit is not expedient that the operation the order should continue to be 9.
The Mentri Besar or any person authorised by him in that behalf may by order direct the re-moval from any place of detention to another place of detention to be specified in such order of any per-son or persons detained under any order made under
Order 8 of these Orders.
10. ( 1 ) Any person detained under Order 8 of th e~c
Orders may by arrangement with the Government of the Colonies of Sarawak or North Borneo be sent 17
18
Detained person may be ordered to leave the State.
to that Colony on the order of the Mentri Besar, there to be detained for the period specified in such first-mentioned order or any part thereof.
( 2) Any person in the course of removal to the
Colonies of Sarawak or North Borneo or there de-tained under paragraph ( 1), or in course of removal from one place of detention to another under Order 9, shall be deemed to be in lawful custody and as if the person or persons authorised to remove or detain him was or were a prison officer or prison officers under such Orders.
( 3) The Mentri Besar may give orders or direc-tions as to the internal management of and other-wise in connection with any place of det~ntion specified in any order made under Order 9, and as to the discipline of persons detained therein.
11.
The Sultan may order any person detained under paragraph ( 1) of Order 8 of these Orders to leave and remain out of the State :
Provided that no such order shall be made against: -
any subject of the Sultan; or
any British subject born in the State; or
~~4U~~~~~~~~~pnt
F~~~~~~~~~~~b~~~~~~
detained under Order 9 shall be deemed ave had sufficient opportunity of maki objection against the order of cl~iotl':if-;:- period of seven clear clays ha p"SeCI after he has been informed of his ·
to lodge such objection in accordance witli.-pa-mgraph (4) of Order 8.
,
Fire-arms ammunition and explosive.
PART III
Offences
12. ( 1) Any person who without lawful excuse, the onus of proving which shall be on such person, car-ries or has in his possession or under his control -
any fire-arm, without lawful authority therefor; or
any ammunition or explosive \vithout lawful authority therefor, shall be guilty of an offence and shall be punished with death.
A person shall be deemed to have lawful authority for the purposes of this Order only if he-
is a police officer or a member of Her
Majesty's Naval, Military or Air Forces or of any Local Forces established under any written law or any person employed in the Prisons Department of the State and in every such case is carrying or is in possession of or has under his control such fire-arm, am-munition or explosive in or in connec-tion with the performance of his duty;
or
is a person duly licensed, or authorised without a licence, under the provisions of any written law for the time being in force to carry, possess or have under his control such fire-arm, ammunition or explosive; or
is a person exempted from · the pro vi-sions of this Order by an Officer Com-manding a Police District or is a mem-ber of any class of persons so exempted by the Commissioner of Poiice by noti-fication in the Gazette:
Provided that no person shall be deemed to have lawful authority for the purpose of this Order
~ or to be exempt from this Order if he carries or has 19
20
Offensive weapons.
Supplies in his possession or under his control any such fire-arm, ammunition or explosive for the purpose of using the same in a manner prejudicial to public safety or the maintenance of public order.
A person shall be deemed to have lawful ex-cuse for the purposes of this Order only if he proves-
that he acquired such fire-arm, am-munition or explosive in a lawful man-ner and for a lawful purpose; and
that he has not at any time while carrying or having in his possession or under his control such fire-arm, am-munition or explosive, acted in a man-ner prejudicial to public safety or the maintenance of public order.
( 4) A person charged with an offence against this Order shall not be granted bail.
13.
Any person who carries or has in his posses-sion or under his control any offensive weapon or any instrument capable of being used as an offensive weapon, not being a fire-arm, in circumstances which raise a reasonable presumption that he has used or intends or is about to use such weapon or instru-ment for any unlawful purpose shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding ten years.
14. ( 1) Any person who demands, collects or re-ceives any supplies from any other person in circum-stances which raise a reasonable presumption that he intends, or is about to act, or has recently acted, in a manner prejudicial to public safety or the main-tenance of public order, or that the supplies so de-manded, collected or received are intended for the use of any person who intends or is about so to act, or has recently so acted, or for the use of any insur-gent, shall be guilty of an offence and shall be punished with imprisonment for a term not exceed-ing ten years.
Consorting with person carrying or having possession of arms or explosives.
( 2) Any person who is found in possessio;1 of any supplies for which he cannot satisfactorily account in circumstances which raise a reasonable presumption that such supplies are intended for the use of any person who intends, or is about to act, or has recently acted, in a manner prejudicial to public safety or the maintenance-of public order, or that such supplies are intended for the use of any insur-gent, shaH be guilty of an offence and shall be punished with imprisonment for a term not exceed-ing three years.
( 3) Any person who provides, whether directly or indirectly, any supplies to any other person in circumstances which raise a reasonable presumption that such other person intends or is about to act, or has recently acted, in a manner prejudicial to public safety or the maintenance of public order, or that the supplies so provided are intended for ·the use of any person who intends or is about so to act, or has recently so acted, or that such supplies are intended for the use of any insurgent, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.
( 4) In any charge of an offence against any of the provisions of this Order it shall !JOt be necessary to specify the person or persons from whom any supplies were demanded, collected or received or to whom any supplies were provided.
'
15. ( 1) Any person who consorts with or is found in the company of another person who is carrying or has in his possession or under his control any fire-arm, ammunition or explosive in contravention of the provisions of Order 12 of these Orders, in ci r-cumstances which raise a reasonable presumption that he intends, or is about to act, or has recently acted, with such other person in a manner prejudicial to public safety or the maintenance of public order shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding five years.
( 2) Any person who consorts vvi th, or is found in the company of, another person who is carrying or has in his possession, or under his control any fire-
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22
. Failure to report off-ences or to give infor-mation con-cerning insurgents.
Protected place.
arm, ammunition or explosive in contravention of the provisions of Order 12 of these Orders, in circums-tances which raise a reasonable presumption that he knew that such other person was carrying or had in his possession or under his control any such fire-arm, ammunition or explosive, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years.
( 3) Where, in any prosecution for an offence under this Order, it is established to the satisfaction of the Court that the accused person was consorting with or in the company of any person who was carrying or had in his possession or under his con-trol any fire-arm, ammunition or explosive, it shall be presumed, until the contrary is proved, that such last mentioned person was carrying or had in his possession or under his control such fire-arm, am-munition or explosive in contravention of the pro-visions of Order 12 of these Orders .
16.
Any person who -
knowing or having reasonable cause to believe that another person is guilty of any offence against any of these Orders fails to report the same to a police officer; or
having in his possession any information as to the present or intended movements or whereabouts of any person whom he knows or has reasonable cause to believe to be an insurgent fails to report the same to a police officer, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding three years.
PART IV
Protected Place
17. ( 1) If, as respects any place or premises, it ap-pears to the Commissioner of Police to be necessary or expedient in the interests of public safety or order, or for the maintenance of supplies or services essential to the life of the community, that special precautions should be taken to prevent the entry of unauthorised persons, he may by order declare such place or premises to be a protected place for the purposes of these Orders, and so long as the order is in force, no person shall, subject to any ex-emptions for which provision may be made in the order, be in that place or those premises with-out the permission of such authority or person as may be specified in the order.
Any place or premises in relation to which an order made under this Order is in force is here-inafter referred to as a "protected place".
Where, in pursuance of this Order, any person is granted permission to be in a protected place, that person shall, while acting under such permission, comply with such directions for re-gulating his conduct as may be given by the Com-missioner of Police or by the authority or person granting the permission.
( 3) Any police officer or any person authorised in that behalf by the occupier of the premises may search any person entering or seeking to enter, or being in, a protected place, and may detain any such person for the purpose of searching him.
( 4) If any person is in a protected place in contravention of this Order, or, while in such a place, fails to comply with any directions given un-der this Order, then, without prejudice to any pro-ceedings which may be taken against him, he may be removed from the place by any police officer or any person authorised in that behalf by the occupier of the premises.
( 5) Any person who is in a protected place in contravention of this Order or who on being chal-lenged by a police officer wilfully fails to stop or who unlawfully refuses to submit to search shall be guilty of an offence against these Orders.
It shall be lawful for the Mentri Besar to take or cause to be taken such steps as he may deem necessary for the protection of any protected place,
23
24
Arrest.
and such steps may extend to the taking of defen-sive measures which involve or may involve dan-ger to the life of any person entering or attempting to enter the protected place. Where any measures involving such danger as aforesaid are adopted, the Commissioner of Police shall cause such precau-tions to be taken, including the prominent display of warning notices, as he deems reasonably neces-sary to prevent inadvertent or accidental entry into any such dangerous area, and, where such precautions have been duly taken, no person shall be entitled to compensation or damages in respect of injury received or death caused as a result of any unauthorised entry into any such protected place or dangerous area.
( 7) For the purposes of this Order "police officer" shall inclucle -
any member of Her Majesty's Naval,
Military or Air Forces or of any Local
Forces established under any written law;
any prison officer, and any officer em-ployed in any place of detention specifi-ed in an order made under Order 8 of these Orders;
any other person performing the duties of guard or watchman in a protected place the appointment of whom has been either specially or generally auth-orised by the Commissioner of Police.
PART V
18.
Arrest and Search
Any police officer may without \-varrant ar-rest any person suspected of the commission of an offence against these Orders or of being a person ordered to be detained under Order 8 of these
()rrlPn:
Arrest of persons sus-pected of being liable to detention.
Powers of arrest and search by members of
H.M. Force'
and of Local
Forces.
Use of lethal weapons in effecting arrests.
19. ( 1) Any police officer may without warrant arrest any person in respect of vlhom he has reason to believe that there are grounds which would justify his detention under Order 8 of these Orders. Any such person may be detained for a period not ex-ceeding twenty-eight days pending a decision as to whether an order for his detention under the said
Order 8 should be made.
( 2) Any person detained under the powers con-ferred by this Order shall be deemed to be in lawful custody and may be detained in any prison, or in any police station, or in any other similar place authorised generally or specially by the Mentri Besar.
20.
The powers conferred upon Police Officers by Orders 18, 19 ( 1) and 23 ( 1) of these Orders may be exercised by any member of Her Majesty's
Naval, Military or Air Forces or of any Local Forces established under any written law or any other per-son performing the duties of guard or watchman in a protected place or generalfy authorised by the
Commissioner of Police.
21. ( 1) Notwithstanding anything to the contrary contained in any written law, it shall be la,dul for any officer in order :
to effect the arrest of any person whom he has, in all the circumstances of the case, reasonable grounds for suspecting to have committed an offence against
Orders 12 and 15; or
to overcome forci hle resistance offered by any person to such arrest; or
to prevent the escape from arrest or the rescue of any person arrested as afore-said, to use such force as, in the circumstances of the case, may be reasonably necessary, which force may ex-tend to the use of lethal weapons
( 2) Every person arrested for any of the offences mentioned in paragraph ( 1) of this Order shall, as 25
26
CajJ. 22
Power of search.
soon as possible after his arrest, be clearly warned by an officer, of his liability to be shot at if he endeav-ours to escape from custody.
( 3) For the purposes of this Order, "officer"
means any police officer or any member of Her
Majesty's Naval, Military or Air Forces or of any
Local Forces established under any written law and includes any other person performing the duties of guard or watchman in a protected place, the ap-pointment of whom has been either specially or generally authorised by the Commissioner of Police.
( 4) Nothing in this Order contained shall dero-gate from the right of Private Defence contained in sections 96 to 106 inclusive of the Penal Code.
( 5) Any act or thing clone before the coming into force of this Order which would have been lawfully clone if this Order had been in force, shall be deem-eel to have been lawfully clone under this Order.
22. (1) (a) When on duty, any Police Officer or any member of Her Majesty's Naval, Mili-tary or Air Forces or any member of any Local Forces established under any written law, may without warrant and with or without assistance stop and search any vehicle or individual, whe-ther in a public place or not, if he sus-pects that any evidence of the commis-sion of an offence is likely to be found in such vehicle or on such individual and may seize any evidence so found.
When on clu ty any Police Officer of or above the rank of sergeant or any mem-ber of Her Majesty's Naval, Military or Air Forces of or above the rating or rank of leading rate or non-comissionccl officer (as the case may be) or any members of any Local Forces establish-eel under any written law of or above such rating or rank who is authorised in writing so to do by the Officer Com-manding a Police District, may without warrant and with or without assistance
Power of search for and seizure of offensive weapon.
Power to seize prcm:ses.
enter and search any premises if he suspects that any evidence of the com-mission of any offence is likely to ue found on such premises and may seize any evidence so found.
( 2) No woman shall be searched under this
Order except by a woman.
23. ( 1) Any police officer may ,,vithout warrant--
enter and search any premises;
stop and search any vessel, vehicle or individual whether in a public place or not, if he suspects that any offensive weapon of any na-ture whatsoever or anything which can be adapted or used as an offensive weapon is likely to be found on such premises or individual or in such vessel or vehicle, and may seize any weapon or thing so found.
( 2) No woman shall be searched under this
Order except by a woman.
PART VI
Power of Taking Possession of Property
24. ( 1) Without prejudice to the provisions of Order 26 the Officer Commanding a Police District may seize and occupy any building or other structure whether permanent or temporary and any land per-taining thereto which he has reasonable cause to believe-
(a)
(b)
belongs to or has been used by any per-son or persons who intend, or are about to act or have recently acted, in a man-ner prejudicial to public safety or the maintenance of public order; or belongs to or is occupied by any per-son who is harbouring or has harboured or whose servant or agent by \vhom he is in occupation is harbouring or has harboured any person or persons who intend, or are about to act or have re-
27
28
cently acted, in a manner prejudicial to the public safety or the maintenance of public order.
( 2) Every seizure under this Order shall be re-ported as soon as practicable to the Mentri Besar, who may, if satisfied that such building or structure belongs to or has been used by any such person or persons as are mentioned in paragraph ( 1) of this
Order, by order direct the forfeiture of such building or structure together with any land pertaining there-to, and in such case no compensation shall be pay-able in respect thereof:
Provided that the Mentri Besar shall waive or remit subject to such conditions as he may think fit to impose the forfeiture of such building or structure and the land pertaining thereto if the ovmer thereof satisfies the Mentri Besar that the building or structure was used by persons who in-tend, or are about to act or have recently acted, in a manner prejudicial to the public safety and the maintenance of public order, or that such persons were being or had been harboured by his servant or agent as the case may be, without his knowledge or consent and that he exercised all clue diligence to prevent such building or structure being so used or the harbouring of such persons as the case may be.
( 3) For the purposes of paragraph ( 2) of this
Order land pertaining to a building or structure means the land on which such building or structure stands together with such land adjacent thereto as, in the opinion of the Mentri Besar, is used or enjoyed in connection with the occupation of the building or structure. Where a part only of the land comprised in one document of title is forfeited under the pro-visions of this Order the order of forfeiture shall define as far as is practicable the limits of the part so forfeited and the approximate area thereof.
( 4) Where under paragraph ( 2) of this Order any land comprised in any document of title is for-feited then -
a copy of the order of forfeiture shall be served on the Land Officer and an
Power to seize print-ing press and premises used for printing.
No. 6 of 1962.
entry to the effect that the land has been forfeited shall be made by the
Land Officer upon the· register docu-ment of title relating to such land ; and
the person in whose possession the issue document of title may be shall deliver up the same on demand to the proper registering authority for cancellation;
and
upon the cancellation of the ex1stmg document of title, a new document of title for any unforfeited part or parts of the land comprised in the cancelled document of title shall, upon payment of any necessary survey and other fees by the proprietor, be prepared and registered and the new issue document of title in resoect of such uqfnrfcited part or parts shall be issued to the per-son entitled thereto.
( 5) Where under paragTa ph ( 2) of this Orcin any land is forfeited in the State the Land Officer shall make an entry in the books of the Registry that such land has vested in the State.
Any person failing to deliver up any docu-ment of title for cancellation in contravention of the provisions of this Order shall be guilty of an offence against these Orders.
25. ( 1) Any police officer of or above the rank of
Inspector may seize and take possession of-
any printing press which he has rea-sonable cause to believe has been used for the printing of any document pm-hibited under Order 27, or contraven-ing the provisions of section 17 of the ~
Public Order Enac tm ~ nt , 1962, or in respect of which any person has been convicted of an offence under any law relating to sedition or seditious publi-cations;
29
30
Power to take posses-sion of land or buildings.
any type, machinery, apparatus or equipment used or adapted or intended for use for any purpose connected with the operation of any such printing press;
and
any premises in which such printing press, type, machinery, apparatm or equipment may be found or in which he has reasonable cause to believe that any such document as aforesaid has been printed or published.
( 2) Any article or premises seized under this
Order shall be disposed of as the Mentri Besar may order.
26. ( 1) The Mentri Besar, if it appears to him to be necessary or expedient so to do in the interests of public safety, or for the accommodation of any of
Her Majesty's Naval, M ilitary or Air Forces, or of any Local Forces established under any written law, or of any other security forces, may take possession of any land or of any building or part of a building and may give such directions as appear to him ne-cessary or expedient in connection with the taking of possession of that land or building.
( 2) Any police officer rna y take such steps and use such force as appears to him to be reasonably necessary for securing compliance with directions given to any person under paragraph ( 1) of this
Order.
( 3) For the purposes of this Order there shall be one or r.1ore Advisory Committees consisting of persons appointed by the Mentri Besar.
Any such
Committee may make rules for the conduct of its proceedings.
( 4) Any person aggrieved by reason of the taking possession of any land or building under the provi-sions of this Order may within fourteen clays after such possession has been taken give notice of his objection thereto to an Advisory Committee appoint-ed under the last preceding paragraph.
Prohibition of printing, sale, etc., documents.
( 5) The Chairman of an Advisory Committee to which such notice has been given by an aggrieved person shall inform any person on whose behalf pos-session of such land or building has been taken. The
Advisory Committee shall thereupon consider th(:
objection made by the aggrieved person and any grounds which may be put forward against such ob-jection by the person on whose behalf such possession has been taken and shall forward its recommendation to the Mentri Besar.
( 6) The Mentri Besar after considering the re-commendations of the Advisory Committee shall give such directions thereon as he may think fit.
}... :L-6'A .
. ..
27. ( 1) The Mentri Besar may, by order, prohibit the printing, sale, issue, circulation or possession of any document which, in his opinion, contains any incitement to violence or counsels disobedience to the law or to any lawful order or is calculated or likely to lead to a breach of the peace or to promote feel-ings of ill-will or hostility between different races or classes of the population.
For the avoidance of doubt it is hereby de-Jared that any order made under paragraph ( 1) of this Order in respect of a publication issued periodi-cally or in parts or numbers at intervals whether re-gular or irregular, may extend to any past or future issue of such publication.
( 3) Any person who contravenes an order made under this Order shall be guilty of an offence and shall be liable to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.
;l_(A· -- .
PART VII
Criminal Trials and Evidence
~nterpretation.
28.
In this Part unless the context otherwise requires -
"emergency procedure case" means any case certified as a proper case for trial under 31
32
Admission of statements in evidence.
these Orders in accordance with order 34;
"public prosecutor" includes a deputy public prosecutor.
29. ( 1) Where any person IS charged with any offence against these Orders or with any offence specified in the Schedule to these Orders, any state-ment, whether such statement amounts to a confes-sion or not or is oral or in writing, made at any time, whether before or after such person is charged and whether in the course of a police investigation or not and whether or not wholly or partly in answer to questions, by such person to or in the hearing of any police officer, whether or not interpreted to him by any other police officer or any other person concern-eel, or not, in the arrest, shall, notwithstanding any-thing to the contrary contained in any written law, be admissible at his trial in evidence and, if such person tenders himself as a witness, any such state-ment may be used in cross-examination and for the purpose of impeaching his credit:
Provided that no such statement shall be ad-missible or used as aforesaid -
if the making of the statement appears to the Court to have been caused by any inducement, threat or promise having reference to the charge against such person, proceeding from a person in authority and sufficient in the opin-ion of the Court to give such person grounds which would appear to him reasonable for supposing that by mak-ing it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceeding against him; or
( ii) in the case of a statement made by such person after his arrest, unless the Court is satisfied that, before making such statement, a caution was administered to him in the following word or words to the like effect :
"It is my duty to warn you that you are not obliged to say any-thing or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence".
( 2) Notwithstanding anything to the contrary contained in any written law a person accused of an offence to which paragraph ( 1) of this Order ap-plies shall not be bound to answer any question re-lating to such case after any such caution as afore-said has been administered to him.
( 3) This Order shall apply in relation to any person tried after the commencement of these Or-ders whether or not the proceedings against such person were instituted and whether or not the re-levant statements were made, before such com-mencement.
( 4) For the purposes of this Order the express-ion "police officer" shall include any member of
Her Majesty's Naval, Military or Air Forces or of any Local Forces established under any written law.
30.
Evidence and
( 1) In any prosecution for an offence agaimt presumptions.
Orders 13, 14 and 15 of these Orders the fact that, at the time of his arrest, the accused was wearing an unauthorised uniform or was in possession of subversive documents, shall be admissible in evid-ence and such wearing of an unauthorised uniform or possession of a subversive document shall be deemed by the court to be .a circumstance raising a rebuttable presumption that the accused-
in the case of an offence against Order 13 has used, or intends or is about to use, the weapon or instrument for an unlawful purpose;
in the case of an offence against Order 14, intends or is about to act, or has re-cently acted, in a manner prejudicial to public safety or the maintenance of public order, or that the supplies which it is alleged he had demanded, collect-
33
34
Inquests etc.
Ordinary procedure to apply subject to variations effected by Orders.
eel or received, or of which he was in possession, or which he had provided, were intended for the use of an insurgent; and
in the case of an offence against Order 15 intends, or is about to act, or has re-cently acted, with the person with whom he was consorting or in whose company he was found, in a manner prejudicial to public safety or the main-tenance of public order.
( 2) Every document purporting to be a subver-sive document shall be deemed to be a subversive document until the contrary is proved.
31.
Notwithstanding anything to the contrary in any written law-
a Magistrate may dispense with the holding of a death inquiry on the dead body of any police officer or of any member of Her Majesty's Naval, Mili-tary or Air Forces or of any Local
Forces established under any written law;
where the Magistrate responsible for holding a death inquiry upon the body of any person is satified that such per-son has been killed as a result of opera-tions for the purpose of suppressing dis-turbances by the police or by Her Ma-jesty's Naval, Military or Air Forces or by any Local Forces established un-der any written law, the Magistrate may dispense with the holding of a death inquiry on the body of such per-son.
32.
The provisions of the Orders following shall have effect notwithstanding anything to the contrary in any written law, but, except insofar as the same may be varied by these Orders, the ordinary practice and procedure of the Courts shall apply to emer-gency procedure cases tried under these Orders.
Trial with
, the aid of assessors.
Cap. 7
Certifying of case as an emergency case.
No preliminary inquiry in emergency procedure case.
CafJ. 7
EMERGENCY ORDERS, 1962 33.
·whenever any person is charged in any emergency procedure case with an offence for which the punishment of death is authorised by law, he shall be tried by the High Court with the aid of as-sessors, in accordance with the provisions of Chap-ters XX and XXI of the Criminal Procedure Code.
34.
Where a person is charged with any offence against any written law and the Public Prosecutor certifies in writing that the case is a proper one for trial under these Orders, such case shall be tried and disposed of in accordance with the provisions of
Orders 35 to 41 inclusive.
35. ( 1) No preliminary inquiry slnll be held in re-spect of any emergency procedure case, but the Ma-gistrate before whom the accused person is brought shall, upon production of the certificate referred to in Order 34, and whether or not a preliminary in-quiry has already been commenced, forthwith com-mit the accused for trial by the High Court at such place and upon such charge as may be designated by the Public Prosecutor.
( 2) The provisions of section 145 of the Criminal
Procedure Code (which relate to the naming and summoning of witnesses for the defence) shall apply and be applied to any emergency procedure cases.
( 3) Bail shall not be granted to the accused per-son committed for trial under this Order unless: -
( i) such person is under the age of 16 year~ , or is a woman, or is sick or infirm; and
( ii) the offence of which such person is accused is not punishable with death or life imprisonment.
( 4) The Public Prosecutor may in any emer-gency procedure case, at any time before trial, alter or withdraw the charge or charges against the ac-cused or frame an additional charge or additional charges against him.
35
36
R ecord, depositions, etc., to be forwarded.
Date for trial.
Statement of witnesses to be supplied to the accused.
Notice of appeal.
36.
No. 17 oF 1962
Upon committal of the accused for trial in an emergency procedure case, the records of the proceedings (including, in any case where a preli-minary inquiry has been commenced, any depositions taken and any exhibits produced) shall be forward-ed to the Registrar at the place to which the accused has been committed for trial to be dealt with and used so far as may be, in accordance with the ordi-nary practice and procedure of the courts.
37.
When an emergency procedure case has been committed for trial as aforesaid, the Registrar shall forthwith fix a elate for trial of the accused.
38.
In every emergency procedure case the pro-secution shall, not less than two clear clays before the elate fixed for the trial of the case, furnish to the accused person or to his advocate, if any, a copy of the statements made to the police during the rolicc investigations of all persons whom it is inte~ -· d to call as witnesses for the prosecution at the trial.
39. ( 1) Where, in an·y emergency procedure case, the accused is convicted, it shall be the duty of the
Presiding Judge, immediately after passing sentence, to ask such convicted person if he wishes to appeal against his conviction or sentence or both, and a note of the reply to such question shall be entered in and form part of the record :
Provided that nothing in this Order shall apply to any emergency procedure case where --
no sentence other than death is pro-vided by law; and
the accused has been convicted on his own plea.
( 2) If the reply to such question is in the affirma-tive such reply shall operate as oral notice of appeal and the record of the proceedings shall forthwith be forwarded to the Registrar of the Court of Appeal.
J• Assignment of counsel.
Notice of ·
hearing of
!lppeal.
( 3) If the reply to such question is in the nega-tive or is indefinite, the person convicted may never-theless give formal notice of appeal in the manner and within the time prescribed by the ordinary law relating to appeals from the High Court in criminal matters.
40. ( 1) Subject to any directions given by the Court of Appeal in all criminal appeals to the Court of
Appeal, the Registrar of the Court of Appeal, shall assign an advocate to act for the appellant unless -
· (a) the appellant has retained an advocate to act for him in the appeal; or
the appellant has not been sentenced to death but to some lesser sentence; or
the appellant is on bail pending appeal.
( ·~ ) If an advocate has been retained or assigned to a \._; ~ ··f'Or the appellant, it shall not be necessary for the appellant to attend personally on the hearing of the appeal, unless the Court of Appeal shall other-wise direct.
41.
The Registrar of the Court of Appeal shall give notice to the Public Prosecutor and to the ap-pellant or hi.s advocate of the date and time of hear-ing of the appeal.
(Order 29)
The Penal Code
Any offence under any of the following sec-tions: )17, 140 to 160 inclusive, 189, 190,
212, 216, 216A, 225, 302, 304, 324 to 327
inclusive, 329, 332, 333, 3 '~2 to 348 inclusive,
353, 35 7, 363 to 365 inclusive, 367, 368, 384
to 387 inclusive, 392 to 402 inclusive, 430,
431, 435, 436, 448 to 457 inclusive, 458 to 460 inclusive, 505 to 507 inclusive.
37
38
The Public Order
Any offence under the Enactment.
Enactment, 1962
(Enact No. 6 of 1962)
The Societies
Any offence under the Enactment.
Enactment
(Cap. 66)
The Sedition
Any offence under the Enactment.
Enactment
(CajJ. 24)
The U ndesirable
Any offence under the Enactment.
Publications
Enactment
(Cap. 25)
Made this Twelfth day of December, 1962.
SrR 0MAR A-LI SAIFUDDJN
His Highness the Sultan of Brunei
Printed at The Brunei Press Ltd., Kuala Be'lait, by Simon Marinus Buse, Governm~ n1
and .published on 22nd December, 1962
Price 50 cents.
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