Section 2
Interpretation
of International Transfer of Prisoners Act
(1)
In this Act, unless the context otherwise requires —
“agreement” includes a treaty which has been entered into with a foreign State for the transfer of prisoners;
“country” includes territory;
“designated country” means a country designated in accordance with section 3(1);
“foreign State” includes a Commonwealth country which has not notified the Commonwealth Secretary-General that it has enacted legislation to give effect to the Scheme;
“imprisonment” includes —
(a)
detention of a child or young person in a place of detention referred to in section 51 of the Children and Young
Persons Act (Chapter 219);
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(b)
detention or confinement following an order issued pursuant to section 317 or 321 of the Criminal Procedure Code
(Chapter 7); or
(c)
any other similar form of restraint of liberty that applies in a designated country, but does not include, in Brunei Darussalam, any person detained under the Internal Security Act (Chapter 133), the Criminal Law
(Preventive Detention) Act (Chapter 150) or any other written law relating to preventive detention;
“Minister” means the Minister of Home Affairs;
“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
“responsible authority” —
(a)
means the person responsible under the law of a designated country for administering the transfer of prisoners to and from that country; and
(b)
includes a person to whom that person’s duties and powers have been lawfully delegated;
“Scheme” means the Scheme for the Transfer of Convicted
Offenders within the Commonwealth;
“transfer” means transfer of a prisoner —
(a)
from a designated country to Brunei Darussalam; or
(b)
from Brunei Darussalam to a designated country.
(2)
In determining whether or not a person has close ties with a country, the Minister shall take into account —
(a)
whether or not he was born in that country or is descended from persons who were born in that country;
(b)
whether or not he has resided in that country and, if so, for how long;
(c)
whether or not he has any relatives by birth or marriage in that country and, if so, the degree of relationship;
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(d)
any cultural or religious ties he may have with that country.