Section 2
Interpretation
(1)
In this Act, unless the context otherwise requires —
“Commonwealth country” means a country specified in
Schedule 1;
“country” includes —
(a)
a colony, territory or protectorate of a country;
(b)
a territory for the international relations of which a country is responsible; and
(c)
a ship or aircraft owned by or registered in a country;
“designated country” means a country specified in Schedule 2;
“entity” includes an international criminal court or tribunal, and
“country” shall where appropriate be deemed to include an entity;
“extradition country” means —
(a)
a Commonwealth country;
(b)
a designated country;
(c)
a treaty country; or
(d)
any other country certified by the Attorney General to be an extradition country for the purpose of a particular extradition requests;
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“extradition offence” has the meaning given by section 3(1);
“extradition request” means a request in writing by a country for the surrender of a person to that country;
“extradition treaty”, in relation to a country, means a treaty —
(a)
to which that country and Brunei Darussalam are parties (whether or not any other country is also a party); and
(b)
that relates wholly or partly to the surrender of persons accused or convicted of offences;
“foreign escort officer” means a representative of the country to whom a person is to be surrendered and who is authorised by that country to escort him from Brunei Darussalam to that country;
“ICPO-Interpol” means the International Criminal Police
Organization;
“original warrant” means a warrant issued in a designated country for the arrest of a person;
“political offence”, in relation to a country, means an offence against the law of that country that is of a political character
(whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include —
(a)
an offence —
(i)
that is constituted by conduct of a kind referred to in a multilateral treaty to which Brunei Darussalam is a party; and
(ii)
for which parties have an obligation to extradite or prosecute;
(b)
the offence of genocide;
(c)
an offence of —
(i)
murder, kidnapping or any other attack on any person or his liberty; or
(ii)
threatening or attempting to commit, or participating as an accomplice in, murder, kidnapping or any other attack on the person or liberty; or
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B.L.R.O. 7/2024 11
(d)
any other offence that Brunei Darussalam and that other country have agreed will not be treated as a political offence for the purposes of extradition;
“prison” includes a jail, lockup or other place of detention;
“provisional arrest warrant” means —
(a)
in Part 2, a warrant, in accordance with Form 1 in
Schedule 4, issued under section 6(1);
(b)
in Part 4, a warrant, in accordance with Form 2 in
Schedule 4, issued under section 26;
“repealed Act” means the Extradition Act (Chapter 8) repealed by
Extradition Order, 2006 (S 10/2006);
“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;
“specialty undertaking” means an undertaking by a requesting country about the treatment of a person whose surrender is sought by that requesting country;
“surrender warrant” means —
(a)
in Part 2, a warrant, in accordance with Form 3 in
Schedule 4, issued under section 17(4);
(b)
in Part 4, a warrant, in accordance with Form 5 in
Schedule 4, issued under section 33;
“temporary surrender warrant” means —
(a)
in Part 2, a warrant, in accordance with Form 4 in