Section 3
(2)
The powers and duties of a Superintendent under these Orders may be exercised and performed in the case of the absence or incapacity of the Super
intendent by the next senior officer present in place of the Superintendent.
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Internal Security (Detained Persons) Order, 1964 is Brunei ORDER, cited as ORDER S177 1964, currently marked repealed and first recorded in 1964.
THE
CONSTITUTION
OF
THE
STATE
OF
BRUNEI,
1959
(Orders under section 83 ( 3 ) )
The Internal Security (Detained Persons) Orders,
1964
Opening note
The powers and duties of a Superintendent under these Orders may be exercised and performed in the case of the absence or incapacity of the Super
intendent by the next senior officer present in place of the Superintendent.
Every Superintendent is hereby authorised Superintendent and required to keep and detain all detained persons peto detain rsons com-duly committed to his custody.
mitted to his custody.
Subject to the orders of the Mentri Besar the general charge and administration of places of de
tention in the State of Brunei shall be vested in the
Superintendent.
The Superintendent may make and issue orders, to be called "Standing Orders", not inconsist-ent with the provisions of these Orders.
Subject to the orders of the Mentri Besar, Dutie᪽of the Superintendent shall supervise and control all Superintendent, matters in connection with any place of detention the administration of which is vested in him, and shall be responsible to the Mentri Besar for the con-duct and treatment of the officers and detained persons under his control, and for the due observance by officers and detained persons of the provisions of these Orders and of all written law, Standing Orders,
Regulations and Rules relating to detained persons and places of detention.
323
Appointment of Medical and Dental
Officers.
Terms of engagement of officers.
Appointment of subordinate officers.
Interdiction, suspension and dismissal.
Uniform and accoutrements.
Delivery of uniform, etc.
on leaving.
8, (1)
The State Medical Officer shall appoint a
Medical Officer and a Dental Officer for each place of detention.
If the circumstances do' not permit of the
State Medical Officer making an appointment under paragraph
the
State
Medical
Officer may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Den
tal Officer of any specified place of detention.
Whenever a
Medical
Officer or
Dental
Officer is, owing to illness or temporary absence or for any other sufficient reasons, unable to perform his duties as such Medical or Dental Officer, the
Superintendent shall arrange with the
Medical
Department locally or through the State Medical
Officer that such duties shall be performed by a member of the staff of the Medical Department.
All officers shall be engaged in accordance with the conditions of contract applicable to them at the date of their engagement.
A subordinate officer may be promoted by the Superintendent.
A Superintendent or Deputy Superintendent and a subordinate officer may be interdicted, sus
pended or dismissed in accordance with
General
Orders of the State of Brunei for the time being in force:
Provided that, where in the opinion of the
Superintendent it is essential in the interest of security and discipline of a place of detention that an officer should cease forthwith to exercise the functions of his office, the Superintendent may inter
dict such officer from duty pending an investigation.
Every officer shall be provided with such staves, arms, ammunition, uniform and other ac
coutrements that may be prescribed by the Super
intendent.
Any person who fails to comply with the provisions of paragraph (1)
shall be liable to im
prisonment for three months and to a fine of $50
and in .addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the Court and shall be recoverable as if it were a fine.
Every person not being a person employed by or in a place of detention who shall have in his possession any .article being part of the clothing, accoutrements, or other effects supplied to any officer and who shall not be able satisfactorily to account for his possession of the same shall be liable to imprisonment for three months and to a fine of
$50.
All
Superintendents and
Deputy
Super-Officers intendents
Medical Officers
Dental Officers and deemed public
.
'
.
'
servants.
subordmate officers appomted under these Orders shall be deemed to be public servants within the meaning of the Penal Code.
Every officer may use weapons against any Use of detained person escaping or attempting to escape:
weapons.
Provided that resort shall not be had to the use of any such weapons unless such officer has rea
sonable ground to believe that he cannot otherwise prevent the escape.
Every officer may use weapon on any de
tained person engaged in_any combined outbreak or in any attempt to force or break open the outside ga te or door or enclosure wall of the place of deten
tion, and may continue to use such weapons so long as such combine outbreak or attempt is actually being prosecuted.
Every officer may use weapons against any detained person using violence to any officer or other 325
Officers to have powers of police officer.
Offences concerning supplies.
person, provided that such officer has reasonable grounds to believe that the officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.
Before using firearms against a detained person under the authority conveyed in paragraph
( 1 ), the officer shall give a warning to the detained person that he is about to fire on him.
No officer shall, in the presence of a superior officer, use arms of any sort against a detained person in the case of an outbreak or attempt to escape ex
cept under the orders of such superior officer.
( 6)
The use of weapons under this Order shall be, as far as possible, to disable and not to kill.
Every police officer and every member of
Her Majesty's Forces or of any local force estab
lished under any written law, who is for the time being serving in the capacity of an escort guard or of a guard in or about the place of detention for the purpose of ensuring the safe custody of any detained persons in such place of detention shall be deemed to have all powers and privileges granted tc an officer under this Order.
Every officer while acting as such shall have by virtue of his office all the powers, authorities, protection and privileges of a police officer.
No officer nor any Medical Officer nor any
Dental Officer shall directly or indirectly have any pecuniary interest in the purchase of any place of detention supplies, or receive any discounts, gifts or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with 326
detained persons or with their friends with regards to them or on behalf of any detained person or any unauthorised communications with any person.
Any person who contravenes any provision of this Order shall be liable to imprisonment for 12
months and to a fine of $1,000 and may in addition be dismissed from his office and all arrears of pay may be forfeited.
Any person convicted under this Order may be dismissed from his office, and all arrears of pay due to him may be forfeited.
Every Superintendent shall be responsible Maintenance for seeing that all proper records are kept, of all of records.
such circumstances, and of any correspondence con-nected with such circumstances, as affect the interest of particular detained persons.
A
Superintendent shall keep a
Journal Journal.
wherein he shall record all matters of importance relating to the place of detention or detained persons.
A Sunerintendent shall ensure that a detain-Detained hL h d 1
.
1"
persons ed person w 0
a a comp amt or app ications to complaints, make is allowed to make them, and that the Med-etc.
ical Officer's instructions are carried into effect, and the Superintendent shall pay special attention to those detained persons who are in hospital or are undergoing punishment.
22 .:( 1)
The food of detained persons shall be in Diet .scale
.
accordance with the scales set out hereto or such ᪽᪽᪽᪽i᪽.ectlOn 327
other diet scales as may from time to time be approved by the Mentri Besar on the recommenda
tions of the State Medical Officer.
A Superintendent shall, from time to time, and not less than once a week, visit the detained persons and shall enquire into any complaints that may be made regarding the rations and take im
mediate action to remove the cause of such com
plaint which appears to be justified.
The Super
intendent shall ensure that foodstuffs are of good quality and every detained person receives the rations to which he is entitled by law and no devia
tion from the authorised scale is permitted except by the written authority of the Medical Officer.
Copy of the diet scales shall be displayed ill some conspicious part of the place of detention.
Scales and standard rates and measures shall be provided for weighing the food supplied to de
tained persons.
( 5)
A detained person ordered to be kept on punishment diet shall have substituted for his ordinary diet the punishment diets as prescribed unless otherwise ordered by the Medical Officer.
Inspection of 23.
The
Superintendent or the next senior foodstuffs.
officer shall daily inspect and superintend the issuing of the detained persons' meals and whenever pos
sible, shall weigh the rations supplied to the detained persons when delivered by the contractor.
A record shall be made of such check in a book kept for such purpose.
Rations to be in accordance with diet scales.
The Superintendent shall ensure that every article of food supplied for the use of the detained persons is sound and of good quality, and that the scales, weighs and measures in use in the place of detention are accurate and in proper order.
A
Superintendent shall take special care to see that the rations issued are strictly in accordance with the prescribed scales of diet and that every detained person receives the diet to which he is entitled.
The Superintendent shall, upon the death of the detained person give immediate notice thereof to the nearest Magistrate in the State and report the death to the Police.
The
Superintendent shall without delay Detained report to the Medical Officer any case of mental !::!᪽᪽lY disorder or apparent mental disorder.
unsound.
Visitors shall give their names and addresses and sign their names in the Visitors Book and are liable to be searched by the order of the Super
intendent.
The Superintendent may remove from a place of detention any visitor to the place of deten
tion whose conduct is improper.
A Superintendent shall keep or cause to be Booksd antd recor
S
0
kept
-
be kept.
An Admission Register, and a Record of all detained persons committed, with date of commitment and the date at which such detention will lapse, and the name, age, height, weight, partic
ular marks and general appearance of detained person and any other partic
ulars which may be required;
A Daily Release Book, in diary form, wherein he shall enter, when admitted, the name of every detained person under the proper date upon which such detained persons is to be released;
( c )
a Detained Persons Effects Book to be kept in the approved form;
329
Petitions by detained persons.
Retention and care of property.
a Detained Persons' Punishment Book, wherein shall be recorded the name of every detained person punished for offences, the punishment inflicted and the name of the officer. ordering the punishment and also the certificate of the Medical Officer as to whether the detained person is physically fit to undergo punishment as ordered, and the date;
( e)
An account of all receipts and disburse
ments;
an Unofficial Visitors Book, containing a record of all unofficial visitors to the place of detention;
a
Fine and
Reward
Account
Book showing the amounts and disposal of all fines and forfeitures levied from the staff; and
A Superintendent shall, without delay, sub
mit to the Mentri Besar any petition received from a detained person.
A Superintendent shall take particular care to see that every precaution is taken to ensure the safe custody of detained persons' property and to prevent the loss or misappropriation of any such property.
A Superintendent shall report to the Mentri Reports to
B
11
.
1
b k f di
Mentri Besar.
esar a escapes, senous ass au t, out reaxs 0
isease or any occurrences of an unusual or serious nature.
In cases of sudden emergency, the Super-Action in intendent shall take such action as may in the case of
.
b he narti emergency.
Circumstances e necessary, enter t e particulars III his Journal, and forthwith make a report of the same to the Mentri Besar.
The Superintendent shall keep strict sur-Contro᪽of
'11
h di f h bl'
expenditure vel ance over t e expen iture 0
sue pu
IC money
.
as may be allocated to the place of detention, and he shall ascertain that all moneys received are pro-perly accounted for.
Female officers shall be searched by only members of their own sex.
Searching of detained persons.
Subordinate officers shall not be absent
Absence from from their places of detention during hours of duty duty.
without leave from the Superintendent and before leaving the place of detention at any time they shall leave their keys, arms and books in the place or places appointed.
No officer or any person employed in the place of detention shall make any unauthorised com-
331
Unauthorised communications.
Female staff, quarters and absence.
Searching of female detained persons.
Offences by officers and punishment.
munications concerning any place of detention or detained person whatever, and shall not, without the written authority of the Mentri Besar, commu
nicate to the public press information derived from official sources or connected with his duties or the place of detention, and any such communication by an officer without authority, will be regarded as a breach of confidence and will render him liable to dismissal.
The Senior Wardress shall reside in such quarters as may be assigned to her.
She shall not be absent from her quarters without leave from the
Superintendent except during such hours as shall from time to time be fixed by him, and in case of such absence the next Senior female officer shall have the same powers and be subject to the same responsibilities as a Senior Wardress.
The Senior Wardress shall search, or cause to be searched, every female detained person on ad
mission and so often afterwards as may be directed by the Superintendent or as he thinks necessary.
A subordinate officer who shall be guilty of any of the following disciplinary offences, namely:-
neglect of duty;
(g_2 wilful destruction of or careless loss of or injury to Government property;
using personal violence to any detain
ed person save in the case of (1)
re
peated refusal to obey a lawful order;
defence of any other officer; person or detained person;
instigating or permiting any detained person to commit any crime or offence against place of detention discipline;
borrowing money from or lending money to any other officer;
bring in spirituous or fermented li
quor or any prohibited article into the place of detention;
reporting late for duty;
selling or making away with any part of his or her uniform equipment or accoutrements;
any other conduct to the prejudice of good order or discipline or the securi
ty of a place of detention or in viola
tion of these Orders, shall be liable on conviction before a Superintendent to anyone or more of the following punishments
-
summary dismissal, subject to confirmation by the
Mentri
Besar;
extra drills, not exceeding seven;
333
Appeal to
Mentri Besar.
Adjudication by Superin
tendent.
Assault on senior officer.
( vi )
severe reprimand; and
reprimand:
Provided that in case of absence without a good cause forfeiture of pay may extend to the period of absence in addition to any other punishment inflicted:
Provided further that on convic
tion under paragraph (g)
any such officer shall be liable to pay the value of the property destroyed, lost or damaged.
A subordinate officer may appeal to the
Mentri Besar against any punishment order under
Order 40 and the Mentri Besar may reduce or con
firm any such punishment.
( 1) If it shall appear to a Superintendent that an offcence punishable under Order 40 is of such a grave character as to require a more severe punish
ment than any therein prescribed, then such Super
intendent shall direct that the person accused be charged before a Magistrate, and such persons shall be liable to imprisonment for six months and to a fine of five hundred dollars:
Provided that if the offence relates to the des
truction or loss or of injury to Government property the person convicted shall in addition be liable to pay the value of the property destroyed, lost, or injured, which value shall be summarily be ascer
tained by the Court and shall be recoverable as if it were a fine.
A subordinate officer convicted by a Magis
trate under this Order shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.
An officer who shall assault, threaten or insult any officer senior to him when such senior officer is on duty or when such assault, threat or in
sult shall relate to or be consequent upon the discharge of duty by the officer so assaulted, threa-
334
tended or insulted shall be liable on conviction before a Magistrate to imprisonment for six months and to a fine of five hundred dollars.
Any person convicted under this
Rule, shall, unless the conviction is reversed on appeal be dismissed from his office and all arrears of pay due to him be forfeited.
Every person who without lawful Trafficking.
authority
-
conveys, supplies or causes to be sup
plied or conveyed to any detained per
son, or hides or places for his use any letter or document or any intoxi
cating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article what
soever;
or
brings or attempts by any means whatever to introduce into any place of detention, or places or attempts to place where detained persons shall labour, any letter or document or any intoxicating liquor, tobacco, bhang or hemp, opiate, drug, money, clothing, provisions or any other article to be sold or used therein; or
brings or attempts to bring out of any place of detention, or conveys from any detained person any letter, docu
ment or other article; or
Every officer who without lawful authority
-
knowingly suffers any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothings, provisions, letter, document or other article to be sold to or received or used by or on behalf of any detained person; or 335
Officers
Reward Fund.
Custody during removal.
Bedding.
Discharge of detained persons.
lends or gives to any detained person any such intoxicating liquor, tobacco, bhang or hemp, opiate, drug, money, clothing, provisions or other article;
or
knowingly suffers any letter, docu
ment or other article to be brought out of any place of detention, or to be conveyed from any detained per
son, shall be liable on conviction by a Magistrate to im
prisonment for six months and to a fine of one thou
sand dollars, and an officer shall, unless the convic
tion is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be for
feited.
All pay which is forfeited by fines inflicted upon officers under these Orders shall be paid into a fund to be called "The Officers' Reward Fund."
This Fund shall be administered by the Superinten
dent in accordance with Rules to be made by the
Mentri
Besar.
A detained person who has been removed or transferred from one place of detention to an
other, or for whose production at any place an order has been made shall, while outside a place of detention be deemed to be in the lawful custody of a Superintendent of the place of detention from which he had been removed or transferred.
Every detained person shall be supplied with bedding adequate for warmth and health in accordance with the scale approved by the Superin
tendent.
Additional bedding may be authorised in special circusmstances on recommendations of the
Medical Officer.
A Superintendent shall be responsible for the due discharge of all detained persons immediate
lyon their becoming entitled to release.
If a detained person escape by breach of a Eflscapes and
•
0
enc᪽
place of detention or otherwise out of custody, he connec᪽ed may be retaken in the same manner as a person con-therewith.
victed of crime against the law of the
State of
Brunei may be retaken on an escape.
Any person who is guilty of the offence of so escaping or of attempting to escape, or of aiding or attempting to aid any such detained persons so to escape, shall be deemed to have committed an offence against the law of the State of Brunei, and may be tried and punished accordingly.
A Medical Officer shall, if necessary, tend the place of detention daily.
at
-
Attendance at place of detention by
Medical
Officer.
The Medical Officer shall examine every Examinat!op.
detained person sentenced for punishment for any of, and .VlSlts to, detained offence before any such punishment is carried out persons.
and certify whether in his opinion such punishment can be inflicted without the probability of serious injury be caused thereby.
He shall visit such of the detained persons as are sick; he shall see every de-tained person sentenced to close confinement once a day.
The Medical Officer shall report to the Mentally ᪽n-Superintendent the case of any detained person ᪽᪽':!s᪽etamed whose mind has been or appears likely to be in-injuriously affected, and give such written directions in the case as he may think proper.
He shall re-port in writing the case of any detained person ap-pearing to be mentally disordered.
The Medical Officer shall report in writing
Sick detained to the Superintendent the case of any detained per-persons.
son to which he thinks it necessary on medical grounds to draw attention, and shall make such re
commendations as he deems needful for the altera-tion of the discipline or treatment of the detained person or for the supply of additional articles to the detained person.
The Superintendent shall as far as it is practicable carry into effect any written re
commendation made by the Medical Officer.
337
Detained per
sons unfit for detention.
Medical Officer to inspect place of detention.
Death of detained person.
Infectious or contagious diseases.
Whenever the Medical Officer either on his own observations or on report by the Superinten
dent is of the opinion that the life of any detained person will be endangered by his continuance in a place of detention or that any sick person will not survive his detention or is totally and permanently unfit for place of detention discipline, he shall state his opinion, and the grounds therefor, in writing to the Superintendent, who shall forward the same to the Officer-in-Charge.
At least once in every month a Medical
Officer shall inspect every part of the place of de
tention with special reference to the sanitary state of the place of detention, the health of the detained persons and adequacy and proper cooking of the diets; and he shall ensure that the body weights of detained persons are properly recorded and shall periodically review them.
A Medical Officer shall forthwith, on the death of any detained person, enter in his
Case
Book the time when the illness, if any, was first observed; when it was first reported to him; when it assumed a dangerous character; the nature of the disease or other cause of death; the time of death and an account of the appearance after death, to
gether with any special remarks that appear to him to be necessary;
and the result of post-mortem examination, if any.
( 1)
The Medical Officer shall give directions in writing for separating detained persons having infectious or contagious diseases; for cleansing and disinfecting any room or cell occupied by any such detained person; and for cleansing, disinfecting;
or destroying; if necessary, any infected apparel or bed
ding, which the Superintendent shall forthwith carry into effect.
The Medical Officer shall in the case of the occurence of any epidemic, or highly infectious or contagious disease, or of any other circumstances affecting the health of the detained persons re-
338
quiring unusual measures, make immediate report to the Superintendent without waiting for the time of any periodical report.
In the case of a contagious or infectious Occurrence disease occurring in any place of detention it shall d᪽s:!᪽᪽tious be lawful to remove any of the detained persons from such place of detention to any other place and such removal may be made in pursuance of an order under the hand of the Superintendent.
Whenever a detained person appears to Custody of a Medical Officer to be mentally disordered he may detainr per
direct that such detained person be removed to any :᪽:d mi:d.
mental hospital or other fit place of safe custody and be there detained.
Opening note
Where a detained person who is detained in a mental hospital under the provisions of this
Order is in the opinion of the Medical Officer in
Charge of such mental hospital no longer mentally disordered the Medical Officer shall report accord
ingly to the Superintendent who shall, by order, direct the return of such detained person to the place or detention whence he was removed.
In case of a serious illness of a detained
Serious illness person confined in a place of detention in which of a detained
:
.
bl dati f h d person.
there
IS not suita e accommo anon or sue e-tained person, the Superintendent may, on the certi-ficate of a Medical Officer, make an order for his removal to a Government hospital.
The Orders applicable to Medical Officers Dental Officers.
shall apply, as far as may be, to Dental Officers.
A Superintendent may punish any de-Punishment for tained person found after due enquiry to be guilty minor o!fences
.
.
by detained of a minor offence as heremafter specified by order-persons.
ing him to undergo one or more of the following punishments
-
339
Punishment for aggravated offences by detained persons.
Minor offences.
( a)
confinement in a punishment cell for a term not exceeding five days on punishment diet;
deprivation for such period as the
Superintendent may think fit of any privilege, whether relating to food, books, clothing, luxuries of any des
cription, letters, visitors, or any other matter whatever, of which he may be in enjoyment; or
( c ) reprimand.
A Superintendent may punish any detain
ed person found after due enquiry to be guilty of an aggravated offence as hereinafter specified by order
ing him to undergo one or more of the following punishments
-
confinement in a punishment cell for a term not exceeding seven days on punishment diet;
deprivation for such period as the
Superintendent may think fit of any privilege, whether relating to food, books, clothing, luxuries of any des
cription, letters, visitors, or any other matter whatever, of which he may be in enjoyment; or
( c) reprimand.
The following shall be deemed to be minor offences -
quarrelling with any other detained person;
( c )
assaulting or taking part in any attack on any other detained person;
( d ) doing any act or using any language calculated to wound or offend the feeling and prejudices of any other detained person;
using any abusive or indecent langu
age or indulging in any indecent act or gesture;
treating with disrespect any Judge,
Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;
refusing without reasonable excuse to eat the food provided in the place of detention;
omitting or refusing to keep his per
son clean or disobeying any order de
signed to preserve the health of de
tained persons;
tampering in any way with books, lights or other fixtures or fittings in a place of detention;
stealing or without reasonable excuse interfering with the clothing or pro
perty of any other detained person;
spitting on or otherwise soiling any floor, door, wall or other part of the place of detention or any article therein;
wilfully or negligently damaging or destroying any article or thing what
soever assigned for his use or entrust
ed to him by the authorities of the place of detention;
wilfully or negligently damaging or destroying any Government property to which he may have access;
refusing or neglecting to comply with any reasonable order or direction brought to his notice in any manner;
making any false accusation against any officer or any person employed in or in connection with a place of de
tention;
any other act, conduct, disorder or neglect which may reasonably be con
sidered to be to the prejudice of good order or discipline thought not speci
fied in the foregoing paragraphs.
The following shall be deemed to be aggra-vated offences
-
taking part in any assault or attack on any Judge, Magistrate, Justice of the Peace or other person lawfully visiting any place of detention, or any officer or person employed in or in connection with a place of detention;
( d) aggravated or repeated assault on any other detained person;
( e ) aiding or abetting the commission of any aggravated offence;
the commission of any minor offence by any person who has on two or more previous occasions been punish
ed under Order 62 of these Orders.
Every detained person sentenced to dietary punishment shall be sent to the Medical Officer for examination, and a certificate that its infliction will 342
not, in his opiruon, be injurious to health shall be obtained by the Superintendent before it is carried out.
Whenever a detained person is sentenced Full diet after t 1 1
fi
.
. h 11 three days o unaergo c ose con nement III a pums ment ce punishment for a period exceeding three days on a punishment diet.
diet, he shall be given full diet on every fourth day.
Confinement in the punishment cells shall Ma;,imum not exceed an aggregate of ninety days in a year ᪽᪽᪽od of for anyone detained person and the execution confinement.
of any two consecutive sentences shall be separated by a period not shorter than the longer of such sentences.
A detained person sentenced to confine-Vi.sits to de-ment in a punishment cell shall see no one save offi- !amed persons m cells.
cers in the execution of their duty, a Minister of
Religion, his legal adviser, and the Medical Officer, and shall only have such out-door exercise as the latter certifies is absolutely necessary for health.
Every detained person confined in a punishment cell or subjected to punishment diet shall be visited at least once a day by the Superintendent and the
Medical Officer, and if he is confined in a punish-ment cell he shall be visited by the appointed officer at intervals of not more than three hours during the day.
So far as may be reasonably practicable,
Luxuries.
and subject to the directions of a Superintendent as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline, provided that all such articles must be received or bought through the Superintendent, who may impound any article the possession of which is prohibited by the rules of the place of detention or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place detention.
A person under detention may, as far as Books, etc.
is consistent with the proper discipline of the place 343
of detention, have the use of books and papers, pro
vided that all such articles are received or procured through the Superintendent.
A Superintendent may detain any paper or book which, in his opinion, contains any objec
tionable matter.
A person under detention may be allowed to listen to Radio Programmes emanating from a communal receiver under the control of the Super
intendent.
Visits.
No detained person shall, except with the express permission of the Superintendent, receive more than one visit a week.
Not more than three-persons shall be ad
mitted to visit a detained person at anyone time.
A Superintendent or an officer, or in the case of a visit to a female, a wardress, shall together with an interpreter in any case where such officer does not understand the language spoken, be insight and hearing during the whole of any visit to de
tained person, unless the Superintendent by an or
der in writing sees fit to dispense with any of the above requirements.
A
Superintendent may remove from a place of detention any visitor to a detained person
᪽f the conduct of such visitor or detained person is
Improper.
Visitors may be searched.
Every visitor to a detained person shall furnish the Superintendent or an officer authorised by the Superintendent with his name and address and, if the Superintendent or such officer has any ground for suspicion, he may search or cause to be searched male visitors and may direct a female 344
officer to search female visitors, but such search shall not take place in the presence of any detained person or of another visitor.
If any visitor refuses to be searched or if a Superintendent or such authorised officer is of opinion that the admission of such visitor would be prejudicial to security or good order in the place of detention, the Superintendent or such officer may deny him admission, recording the grounds of his refusal in the journal.
( 3 ) If any article is found as the result of a search which, in the opinion of a Superintendent or such authorised officer, is prohibited by the rules of the place of detention or likely to be dangerous to the health or life of any detained person or likely to facilitate escape from the place of detention, he may impound such article.
A Superintendent or an officer authorised Letters.
by him shall read every letter written by or address-ed to any detained person and if he considers it to contain any objectionable matter he shall detain it.
i1)
The Mentri Besar may appoint any two Board I_lf
.
B d
F Insoecti
Inspection.
or more persons to constitute a oar 0
nspection
(hereinafter referred to as "the Board") for a place place of detention.
The Board may visit the place of detention at any time and shall visit the place of detention at least once in every month.
The Board shall be entitled to inspect any part of the place of detention and shall in particular visit the sick in hospital and enquire into the condi
tion of persons undergoing punishment in cells.
( 4 )
The Board shall hear any complaint (not being a complaint relating to the validity of a de
tention order or relating to the grounds on which a detention order was made) which any detained person may wish to make, and it shall be the duty 345
Inspection of parcels.
Work in
Detention
Camp.
Pay for work performed.
Schedule.
of the Superintendent to inform the Board of any detained person who wishes to make a complaint.
The hearing of a complaint shall be as informal as possible.
A minute book shall be provided at the place of detention in which the members of the
Board shall record their visits and may enter any remarks and recommendations which they wish to make.
A certified copy of the entries in the minute book for the preceding month shall be transmitted to the Mentri Besar on the first day of each month.
The Superintendent shall open and inspect the contents of every parcel received by a person detained in a detention camp and may impound any article the possession of which is prohibited by the rules of the camp or which in his opinion is likely to be dangerous to health or life or to facilit
ate escape from the place of detention.
Every person detained in a detention camp shall do such work, not of a severe or irksome na
ture, if he so desires, provided that-
( a)
the total hours of work shall not ex
ceed eight in anyone day; and
no detained person shall be required to do any work (except such as may be necessary for keeping his room, furniture and utensils clean and the place of detention clean and in order and for the preparation of food)
on the weekly days of rest observed in the State of Brunei at that time being, or on any public holiday.
Every such detained person doing any work in accordance with these Orders shall be paid in respect of any work, other than work necessary for keeping his room, furniture and utensils clean and in good order at the rate laid down in the
Schedule hereto, applicable to the Stage in which such person is detained under Order 79 of these
Orders.
346
Schedule.
Schedule.
Schedule.
Upon the expiration of six months from the date of his admission such detained person may if the Superintendent is satisfied that he has been of good behaviour during the period of his detention, be promoted to Second Stage and shall be entitled, subject to the provisions of these Orders to the pri
vileges specified in the Schedule hereto as applicable to such Stage.
Upon the expiration of 3
months from the date of his promotion to Second Stage such de
taind person may, if the Superintendent is satisfied that he has been of good behaviour during his period of his detention in the Second Stage, be promoted to
Third Stage and shall be entitled, subject to the provisions of these Orders, to the privileges specified in the Schedule hereto as applicable to such Stage.
The Superintendent may, if he is not satis
fied that such person has been of good behaviour, or may, in addition to or in lieu of any punishment
'which he is entitled to inflict for any minor or ag
gravated offence under this Order in his discretion refuse to promote or may delay the promotion of any such detained person from one Stage to a higher
Stage or may relegate any such detained person from a higher Stage to the lowest Stage and where any such person has been so relegated the provisions of paragraphs (2) and (3) of this Order shall apply to such person as if the date of his relegation had been the date of his admission, or promotion, as the case may be, to the Stage to which he has been relegated.
Every person detained in a place of deten
tion be entitled to attend school classes organised for such place by the Superintendent and to make use of the library, established in such camp by the
Superintendent in accordance with such rules of such library as may be made by the Superintendent.
347
School classes and library.
Penalty for certain offences in detention
Camp.
Jurisdiction.
Production of detained per
sons before a Court.
Orders not to apply to detained per
sons in prison.
Any detained person, detained in a place of detention, who-
( a )
has been punished under Order 63
of these Orders for the commission of an aggravated offence under Order 65
of these Orders; and
commits a subsequent aggrevatcd offences under
Order 65
of these
Orders shall on conviction be liable to two years imprison
ment.
A Court of a Magistrate shall have jurisdic
tion to pass any sentence prescribed by Order 81 of these Orders.
( 1)
Whenever the presence of a detained per
son is required by any Court of civil or criminal jurisdiction such
Court may issue an order addressed to the Superintendent requiring produc
tion before the Court of such person at the time and place to be named in such order, and the said
Superintendent shall cause the person named in such order to be brought up as directed, and every such
Court may by endorsement on such order require the person named therein to be again brought up at any time to which the matter wherein such per
son is required may be adjourned.
Every such order issued from the Supreme
Court may be signed by a Registrar of the Court, and if issued by any other Court shall be signed by the Magistrate (as the case may be).
Where the place of detention of a detained person is a prison appointed under section 2 of the
Prison Enactment these Orders shall not apply to Cap.
such detained person or to such prison but the Pri-son Rules shall apply to such-detained person in such prison.
(Order 79)
Stage
Privileges
FIRST
To receive one letter and to send one letter to, friends or relatives once in three weeks.
In addition, letters may be sent to legal advisers with the leave of the Superin
tendent granted by him on application, and, in other special cases, with the leave of the
Superintendent at his discretion.
To receive one parcel from friends or relatives once in three weeks.
Consistently with the proper discipline of the camp and subject to paragraphs
, (4) and (5) of Order 72 of these
Orders, to receive one visit once in three weeks, in addition to any special visits in cases of urgent private affairs if permitted by the Superintendent.
Once in every two weeks to purchase at the canteen out of his pay and out of such other moneys as he may possess such articles and luxuries as may be sold therein.
SECOND
To receive one letter from, and send one letter to, friends or relatives once in two weeks.
In addition letters may be sent to legal advisers with the leave of the Superin
tendent granted by him on applications and in other special cases with the leave of the
Superintendent at his discretion.
To receive one parcel once
III two weeks.
349
Stage
Privileges
Consistently with the proper discipline of the camp and subject to paragraphs
, (4) and (5) of Order 72 of these
Orders to receive one visit once in two weeks, in addition to any special visits in cases of urgent private affairs if permitted by the Superintendent.
Once in every ten days to purchase at the canteen out of his pay and out of such other moneys as he may possess such articles and luxuries as may be sold therein.
RECREATION
To have outdoor recreation after working hours until 6.00
p.m.
every day, subject to any order or condition made or imposed by the
Superin
tendent.
THIRD
To receive one letter from, and send one letter to, friends or relatives once in every week.
In addition letters may be sent to legal advisers with the leave of the Superin
tendent granted by him on application and in other special cases with the leave of the
Superintendent at his discretion.
To receive one parcel once
III every week.
Consistently with the proper discipline of the camp and subject to paragraphs
, (4,) and (5) of Order 72 of these
Orders to receive one visit once in every week, in addition to any special visits in cases of urgent private abairs if permitted by the Superintendent.
350
Stage
Privileges
Once in every ten days to purchase at the canteen out of his pay and out of such other moneys as he may possess such articles and luxuries as may be sold therein.
RECREATION
To have outdoor recreation after work
ing hours until 6.00 p.m.
every day, subject to any order or condition made or imposed by the Superintendent.
Privileges
PAY
Unskilled
Labour 0.<..1< &c-ft c\-<""
To receive4 pay at the rate of twtlnty "Vtl ctlnt& per diem for a full day's work.
Semi-skilled Labour
¢'A.Q. &611 ",",'
..."d-f᪽f-1-..1 ut.o.,᪽
To receive pay at the rate ofL..f:orty ctlnts per diem for a full day's work.
Skilled
Labour h,.rv Jd'o......
To receive pay at the rate of ᪽H; for a full day's work.
Made this 13th day of October,
1964.
OMAR ALI SAIFUDDIN
Sultan of Brunei.
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