Section 7
Sitting in camera
(1)
The places in which an Intermediate Court is held are deemed to be an open court to which the public generally may have access:
Provided that —
(a)
the court shall have power to hear any proceeding or any part thereof in camera if the court is satisfied that it is expedient in the interests of justice, public security or propriety, or for other sufficient reason to do so;
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(b)
the court shall ordinarily exclude a witness until he has given evidence in proceedings where the court is exercising criminal jurisdiction.
(2)
An Intermediate Court may at any time order that no person shall publish the name, address or photograph of any witness in any proceedings or any evidence or any other thing likely to lead to the identification of any such witness; and any person who acts in contravention of any such order shall, notwithstanding any other written law, be liable to a fine of $5,000 and to imprisonment for one year or both.
(3)
Whenever any party or an Intermediate Court in any proceedings or any part thereof —
(a)
makes a reference, whether orally or in writing, directly or indirectly, to any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion by His Majesty the Sultan and Yang Di-Pertuan; or
(b)
intends to refer to any issue or matter that may directly or indirectly pertain to or concern the inviolability, sanctity or interests of the position, dignity, standing, honour, eminence or sovereignty of
His Majesty the Sultan and Yang Di-Pertuan, the Intermediate Court shall hold such proceedings or such part thereof in camera:
Provided that His Majesty the Sultan and Yang Di-Pertuan may issue a direction in writing to the Intermediate Court that such proceedings or such part thereof not be heard in camera.
(4)
Without prejudice to His Majesty the Sultan and Yang
Di-Pertuan’s power in subsection (3), His Majesty the Sultan and Yang
Di-Pertuan may issue a direction in writing to an Intermediate Court to hold the hearing of any proceedings or any part thereof in camera.
(5)
His Majesty the Sultan and Yang Di-Pertuan may issue a direction in writing to an Intermediate Court to hold the hearing of any proceedings or any part thereof at such time and venue as His Majesty the
Sultan and Yang Di-Pertuan may determine.
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(6)
Any direction issued by His Majesty the Sultan and Yang
Di-Pertuan under subsection (3), (4) or (5) shall not be called in question in or be subject to any judicial review by or appeal to any court.
(7)
No person shall publish or reproduce in Brunei Darussalam or elsewhere any or any part of proceedings, including but not limited to any evidence, exhibit, judgment or document produced in any proceedings, that may have the effect of lowering or adversely affecting directly or indirectly the position, dignity, standing, honour, eminence or sovereignty of His
Majesty the Sultan and Yang Di-Pertuan; and any person who acts in contravention of this subsection is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding one year or both.
(8)
Nothing in subsection (7) shall prevent any person from referring to or reproducing any or any part of such proceedings where —
(a)
such reference or reproduction is reasonably necessary or required in any court in Brunei Darussalam or elsewhere under the law applicable in that court for the purpose of enabling that person to pursue or defend any proceedings in that court, and the person seeking such reference or reproduction applies to that court, whether successfully or not, for an order that such reference or reproduction be made in camera in that court; or
(b)
such reference or reproduction (other than in any court in
Brunei Darussalam or elsewhere) is reasonably necessary to enable a party to any proceedings in Brunei Darussalam or elsewhere to prepare for or conduct those proceedings, or to enable a person to obtain legal advice in respect of any dispute or actual or contemplated proceedings, provided that party takes all reasonable steps to ensure the confidentiality of the information or documents to be referred to or reproduced.