Section 5

he is a citizen of, is ordinarily resident in, or has close ties with, Brunei Darussalam or the designated country to or from which he is to be transferred;

the judgment imposing the sentence which he is serving is a final judgment;

at the time of receipt of the request for transfer, he still has not less than 6 months of the sentence to serve or the sentence is indeterminate;

he consents to the transfer or, where he is incapable of acting for himself by reason of his physical or mental condition or his youth, a person who is his lawful guardian or representative consents on his behalf;

both Brunei Darussalam and the designated country agree to the transfer.