Section 55
Offences
(1)
Any person who —
(a)
attempts unlawfully to enter Brunei Darussalam;
(b)
abets any person to enter or leave Brunei Darussalam in contravention of the provisions of this Act or of any regulations made thereunder;
(c)
engages in the business or trade of conveying to
Brunei Darussalam in or on any vessel, aircraft or vehicle any person whom he knows or has reasonable grounds for believing is a prohibited immigrant;
(d)
harbours any person who has acted in contravention of the provisions of this Act or of any regulations made thereunder;
(e)
employs any person who has acted in contravention of the provisions of section 6, 15 or 36 or of any regulations made under this Act;
(f)
makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by the provision of this Act or of any regulations made thereunder;
(g)
resists or obstructs, actively or passively, any Immigration
Officer in the execution of his duty;
(h)
without lawful excuse hinders or obstructs any removal under the provisions of this Act;
(i)
gives, sells or parts with possession of any Entry Permit,
Re-entry Permit, pass or certificate in order that it may be used in contravention of the provisions of paragraph (j);
(j)
uses any Entry Permit, Re-entry Permit, pass or certificate issued to any other person as if it had been lawfully issued to himself;
(k)
by making a false statement obtains or attempts to obtain an
Entry Permit, Re-entry Permit, pass or certificate for himself or for any other person; or
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(l)
uses or without lawful authority has in his possession any forged, unlawfully altered or irregular Entry Permit, Re-entry Permit, pass or certificate or other document issued under this Act or any regulations made thereunder, or any permit, pass or certificate or other document so issued on which any endorsement has been forged or unlawfully altered, is guilty of an offence and liable on conviction —
(i)
in the case of an offence against paragraph (a), a fine not exceeding $4,000 and imprisonment for a term of not less than 3 months and not more than 2 years and cumulatively;
(ii)
in the case of an offence against paragraph (b) or (c), imprisonment for a term of not less than 2 years and not more than 7 years and whipping with not less than three strokes cumulatively:
Provided that no sentence of whipping shall be imposed on any person charged in court before 12th June 2004.
(iii)
in the case of an offence against paragraph (d) or (e), in respect of each person harboured or employed, a fine of not less than $3,000 but not exceeding $6,000, imprisonment for a term not exceeding 2 years or both, and in the case of a second or subsequent offence, a fine of not less than $6,000 but not exceeding $12,000, imprisonment for a term not exceeding 4 years or both;
(iv)
in the case of an offence against paragraph (f), (g), (h),
(i)
, (j), (k) or (l), a fine not exceeding $4,000, imprisonment for a term not exceeding one year or both.
(2)
Where a body corporate is guilty of an offence against this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any act or default on the part of, a director, manager, secretary or other similar officer of that body corporate, or of a person purporting to act in any such capacity, he, as well as the body corporate, is also guilty of that offence and liable to be proceeded against and punished accordingly.
Immigration
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(3)
Where a body corporate is guilty of an offence against this Act for which a period of mandatory imprisonment is prescribed, the body corporate shall, in lieu of imprisonment, be liable on conviction to a fine of not less than $30,000 and not more than $100,000.
(3A)
Where a person is guilty of an offence against this Act for which a mandatory sentence of whipping is prescribed and by virtue of section 258
of the Criminal Procedure Code (Chapter 7) he shall not be punishable with whipping, that person shall, in lieu of whipping, be liable on conviction to a fine of not exceeding $6,000.
(4)
Where in any proceedings under this Act or any regulations made thereunder, it is proved that the defendant has failed to produce on demand by an Immigration Officer or a police officer —
(a)
any valid permit, pass or certificate issued to him under this
Act or any regulations made thereunder;
(b)
any other document accepted by the Controller as evidence that the defendant has entered or remained in Brunei Darussalam lawfully; or
(c)
any other evidence showing to the satisfaction of the
Controller that the defendant is exempted from section 6(1), it shall be presumed, until the contrary is proved, that he has, as the case may be, entered or re-entered or remained in Brunei Darussalam unlawfully.
(5)
Where in any proceedings for an offence under subsection (1)(c), it is proved that the defendant has conveyed any prohibited immigrant in any vehicle, vessel or aircraft, it shall be presumed, until the contrary is proved, that he is engaged in the business or trade of conveying to
Brunei Darussalam in or on that vehicle, vessel or aircraft that prohibited immigrant knowing him to be, or having reasonable grounds for believing him to be, a prohibited immigrant.
(6)
Where in any proceedings for an offence under subsection (1)(d), it is proved that the defendant has given shelter to any person who has remained in Brunei Darussalam unlawfully for a period exceeding 90 days after the expiration of any pass issued to him or who has entered Brunei Darussalam in contravention of section 5(1) or 6(1), it shall be presumed, until the contrary is proved, that the defendant has harboured
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him knowing him to be a person who has acted in contravention of the provision of this Act or of any regulations made thereunder.
(7)
Where an immigration offender is found at any premises or place, other than premises used solely for residential purposes, the occupier of the premises or place shall be presumed, until the contrary is proved to have employed him knowing that he is an immigration offender.
(8)
In any proceedings for an offence under subsection (1)(d) or (e), it shall not be a defence for the defendant to prove that the person harboured or employed by him was in possession of a permit or pass issued to the person under this Act or any regulations made thereunder unless the defendant further proves that he had exercised due diligence to ascertain that the permit or pass was at the material time valid under this Act or any regulations made thereunder.
(9)
For the purposes of subsection (8), a defendant is not deemed to have exercised due diligence unless he had personally checked the passport or other travel document of the person whom he had harboured or employed and had reasonable ground to believe that —
(a)
the person harboured or employed by him had, at the material time, in force a permit or pass issued under this Act or any regulations made thereunder; and
(b)
where such person is the holder of a Visit Pass, that person had, at the material time, obtained the written consent of the Director to work in Brunei Darussalam.
(10)
In this section and section 55B, “immigration offender” means a person who acted in contravention of the provisions of section 6, 15 or 36 or of any regulations made under this Act.