Section 3
Application
of International Transfer of Prisoners Act
(1)
Where an agreement has been, or is deemed to have been, entered into between Brunei Darussalam and a foreign State for the transfer of prisoners or the enforcement of sentences, the Minister may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, by order published in the Gazette, designate that country as a country to which this Act shall, subject to subsection (2), apply.
(2)
An order made under subsection (1) may provide that this Act applies in relation to that country subject to such limitations, conditions, exceptions, adaptations, modifications or other provisions as may be specified in the order.
(3)
Where a Commonwealth country notifies the Commonwealth
Secretary-General that it has enacted legislation to give effect to the Scheme, that notification is deemed to be an agreement entered into between Brunei
Darussalam and that country.
(4)
For the purpose of this section, the government of a designated country may request or so notify the Commonwealth Secretary-General that a territory whose external relations is the responsibility of that country be treated as —
(a)
a part of that country; or
(b)
a separate country.
(5)
This Act applies to any prisoner who is already serving a sentence of imprisonment on the date when its provisions are extended, pursuant to this section, to the country of which he is a citizen.