Section 3
Interpretation of certain words and expressions
of Interpretation and General Clauses Act
(1)
“Act” means a law enacted by the legislature, and includes an
Act where the same was enacted prior to 18th October 1959 of Parts VI and VII of the Constitution:
Provided that —
(a)
in subsidiary legislation, a reference to “the Act” shall be read as meaning the Act under the authority of which such legislation was made; and
(b)
a reference in any Act to “the Principal Act” shall be read as meaning the Act which the long title of the first-mentioned Act declares is being amended;
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“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
“administrative appeal rules” means the rules relating to administrative appeals to His Majesty the Sultan and Yang
Di-Pertuan in Council;
“affidavit” includes affirmation, declaration, affirming and declaring in the case of persons allowed by law to affirm or declare instead of swearing;
“amend” includes repeal, add to or vary and the doing of all or two or more of such things simultaneously or by the same instrument;
“Attorney
General”
means the officer appointed under
Article 81(1) of the Constitution;
“Auditor General” means the officer appointed under Article 66(1)
of the Constitution;
“Brunei Darussalam” means the State of Brunei Darussalam and includes the Sultanate of Brunei Darussalam and Negara Brunei
Darussalam and also includes the continental shelf;
“Brunei Darussalam waters” means all waters, whether navigable or not, included within Brunei Darussalam, and are deemed to include territorial waters;
“Chief Justice” means the Chief Justice of the Supreme Court for
Brunei Darussalam;
“Chief Registrar” means the Chief Registrar of the Supreme Court for Brunei Darussalam;
“a citizen of Brunei Darussalam” means a person who is a subject of His Majesty the Sultan and Yang Di-Pertuan by virtue of the provisions of any written law relating to nationality;
“Clerk to the Legislative Council” includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council;
“Clerk to the Privy Council” includes any person appointed by
His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council;
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“commencement”, used with reference to any written law, means the date upon which such written law comes into operation;
“common law” means the common law of England;
“Commonwealth” means the countries that are independent members of the Commonwealth and territories for whose international relations any of those countries is wholly or in part responsible;
“Constitution” means the Constitution of Brunei Darussalam;
“consular officer” means a consul-general, consul, vice-consul, consular agent, and any person for the time being authorised to discharge the duties of consul-general, consul or vice-consul;
“continental shelf” means the area of the sea-bed and the sub-soil thereof under the high seas adjacent to the territorial waters;
“contravene”, in relation to any requirement or condition prescribed in any written law, or in any permit, licence or authority granted under any written law, includes a failure to comply with that requirement or condition;
“Council of Ministers” means the Council of Ministers also known as the Council of Cabinet Ministers established by Article 10 of the
Constitution;
“Council of Regency” means the Council of Regency appointed under section 13(1) of the Succession and Regency Proclamation,
1959;
“Council of Succession” means the Council of Succession appointed under section 6(1) of the Succession and Regency
Proclamation, 1959;
“Court of Appeal” means the Court of Appeal of the Supreme
Court for Brunei Darussalam;
“definition” means the interpretation given by any written law to words or expressions;
“dependent Commonwealth territory” means any territory for the international relations of which any member of the
Commonwealth is responsible;
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“District Officer” means the officer in administrative charge of a district;
“export” means to take or cause to be taken out of Brunei
Darussalam;
“financial year” means the 12 months ending on the 31st day of
March in any year;
“Gazette” or “Government Gazette” means the Gazette published in electronic or other form by the order of the Government, and includes Parts thereof, any Supplement thereto or any
Extraordinary Gazette so published;
“Government” means the Government of Brunei Darussalam;
“Government Printer” means the Director of Printing and includes any printer authorised to print Acts, Enactments and other documents of the Government;
“Her Britannic Majesty” means Her Majesty the Queen and
Her Heirs and Successors, according to such styles and titles as may be authorised by the Royal Titles Act 1953;
“High Court” means the High Court of the Supreme Court;
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan”
means His Majesty the Sultan and Yang Di-Pertuan of Brunei
Darussalam and includes —
(a)
a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang
Di-Pertuan;
(b)
where appropriate, a Council of Regency; and
(c)
to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
“His Majesty in Council” or “His Majesty the Sultan and Yang
Di-Pertuan in Council” means His Majesty the Sultan and Yang
Di-Pertuan acting after consultation with the Council of Ministers, but not necessarily in accordance with the advice of that Council, nor necessarily in that Council assembled;
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“His Majesty in Privy Council” or “His Majesty the Sultan and
Yang Di-Pertuan in Privy Council” means His Majesty the Sultan and Yang Di-Pertuan acting after consultation with the Privy
Council, but not necessarily in accordance with the advice of that
Council, nor necessarily in that Council assembled;
“His Majesty in Religious Council” or “His Majesty the Sultan and
Yang Di-Pertuan in Religious Council” means His Majesty the
Sultan and Yang Di-Pertuan acting after consultation with the
Religious Council, but not necessarily in accordance with the advice of that Council, nor necessarily in that Council assembled;
“immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth, but does not include minerals or mineral rights;
“Imperial Parliament” means the Parliament of the United
Kingdom;
“import” means to bring or cause to be brought into Brunei
Darussalam;
“infant” means a person who has not attained the age of 18 years;
“instrument” includes any publication in the Gazette, whether or not such publication merely purports to publish the doing of an act or the occurrence of a fact or event, or otherwise conveys or purports to convey information;
“Islamic Religion” means the Islamic Religion according to the
Shafeite sect of Ahlis Sunnah Waljamaah;
“Judge” means one of the Judges of the Supreme Court and includes the Chief Justice;
“Legislative Council” means the Legislative Council established by Article 23 of the Constitution;
“legislature” means the authority competent to make Acts for
Brunei Darussalam;
“Magistrate” means a person appointed to be a Magistrate under the provisions of the Subordinate Courts Act (Chapter 6) or under any written law;
“man” means a male human being of any age;
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“member of the Commonwealth” means any independent
Commonwealth country;
“Minister” means a person appointed under the provisions of
Article 4(3) of the Constitution;
“minor” means a person who has not attained the age of 18 years;
“month” means calendar month;
“movable property” means property of every description except immovable property;
“Municipal Board” means a Municipal Board constituted under section 3(2) of the Municipal Boards Act (Chapter 57);
“oath” includes affirmation, declaration, affirming and declaring in the case of persons allowed by law to affirm or declare instead of swearing;
“offence” means any act punishable under any law for the time being in force in Brunei Darussalam;
“or” shall be construed disjunctively and not as implying similarity, unless the word “similar” or some other word of like meaning is added;
“Order in Council” means an Order made by Her Britannic
Majesty in Her Privy Council;
“other” shall be construed disjunctively and not as implying similarity, unless the word “similar” or some other word of like meaning is added;
“otherwise” shall be construed disjunctively and not as implying similarity, unless the word “similar” or some other word of like meaning is added;
“Parliament” means the Parliament of the United Kingdom;
“party” includes any company or association or body of persons, corporate or unincorporate; and this interpretation applies notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
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“permanent resident” means a person to whom a Residence Permit has been issued under section 67(1) of the Immigration Enactment,
1956 (Enactment No. 23 of 1956) or to whom an Entry Permit has been issued under section 10 of the Immigration Act (Chapter 17);
“person” includes any company or association or body of persons, corporate or unincorporate; and this interpretation applies notwithstanding that the word “person” occurs in a provision creating or relating to an offence or for the recovery of any fine or compensation;
“police officer” means any member of the police force of Brunei
Darussalam, and terms or expressions referring to ranks in the police force shall bear the meanings respectively assigned to them by the Royal Brunei Police Force Act (Chapter 50);
“power” includes privilege, authority and discretion;
“prescribed” when used with reference to any written law, means prescribed or provided by or under such written law, or by or under any subsidiary legislation or instrument authorised thereunder;
“printing” includes writing, printing, lithography, photography, typewriting, and every other mode of representing words or figures in a visible form; but, in the case of a book, “printing” does not include writing or typing. Nothing in this definition shall be taken to apply to signatures;
“prison” includes any place or building or portion of a building set apart or hereafter to be set apart for the purpose of a prison under any written law relating to prisons;
“Privy Council” means the Privy Council established by the
Constitution;
“Proclamation” includes a Proclamation made by or under the authority of the Military Commander during the period of the
British Military Administration;
“property” includes —
(a)
money, goods, choses in action, land and every description of property, whether movable or immovable; and
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(b)
obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, arising out of, or incidental to, any property as defined in paragraph (a);
“provided” when used with reference to any written law, means prescribed or provided by or under such written law, or by or under any subsidiary legislation or instrument authorised thereunder;
“public” includes any class of the public, or any community;
“public body” means any executive or legislative council, any
Government department or undertaking, any local or public authority or undertaking, any board, commission, committee or other body, whether paid or unpaid, which is vested with, or is performing, whether permanently or temporarily, duties of a public nature;
“public holiday” means any day which is declared by notification published in the Gazette, to be a public holiday, or which is, by
Proclamation of His Majesty the Sultan and Yang Di-Pertuan, proclaimed a public holiday, or which under any other written law is to be observed as a public holiday in Brunei Darussalam or any part thereof;
“public notification” includes a notification published in the
Gazette;
“public office” means any office of emolument under the
Government but does not include the Sultanate, the office of
Regent, Kepala Wazir, Chief Justice, Speaker of Legislative
Council, Deputy Speaker of Legislative Council, Minister,
Parliamentary
Secretary,
Political
Secretary, member of
Legislative
Council,
Ambassador,
High
Commissioner,
Consul-General, Consul or such other office as His Majesty the
Sultan and Yang Di-Pertuan may from time to time by order prescribe and publish in the Gazette;
“public officer” means the holder of any public office and includes any person appointed to act in any such office;
“public place” includes every public highway, street, road, square, court, alley, lane, bridleway, footway, parade, wharf, jetty, quay, bridge, public garden or open space, and every theatre, place of public entertainment of any kind or other place of general resort,
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admission to which is obtained by payment, or to which the public have access;
“public servant” means any person holding any appointment or discharging the duties of any public office and any employee or member of a public body, whether temporary or permanent and whether paid or unpaid;
“Queen” means Her Majesty the Queen and Her Heirs and
Successors, according to such styles and titles as may be authorised by the Royal Titles Act 1953;
“Regent” means a Regent duly appointed under the Succession and
Regency Proclamation, 1959;
“registered”, used with reference to a document, means registered under the provisions of the written law applicable to the registration of such document;
“Registrar” means the Chief Registrar or a Registrar of the
Supreme Court, and includes a Deputy or Assistant Registrar;
“regulations” includes rules, rules of court and by-laws;
“Religious Council” means the Majlis Ugama Islam constituted under the Religious Council and Kadis Courts Act (Chapter 77);
“repeal” includes rescind, revoke, cancel or replace;
“road” includes any highway, street, road, bridge, thoroughfare, parade, square, court, alley, lane, bridleway, footway, passage or open place whether situate on land leased from the Government or not, used or frequented by the public, or to which the public have, or are permitted to have, access;
“rules of court” means, when used in relation to any court, rules made by the authority having for the time being power to make rules and orders regulating the practice and procedure of such court;
“Secretary to the Council of Ministers” means the person appointed under Article 22 of the Constitution and includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Secretary to that Council;
“sell” includes exchange and barter;
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“ship” includes every description of vessel used in navigation, not exclusively propelled by oars or paddles;
“sign” includes, in the case of a person unable to write, the making of a mark or the affixing of a thumbprint or chop;
“standard time” means 8 hours in advance of Greenwich mean time, or such other period in advance of Greenwich mean time as
His Majesty the Sultan and Yang Di-Pertuan in Council may by order signified in the Gazette prescribe;
“State” means the State of Brunei Darussalam and includes the
Sultanate of Brunei Darussalam and Negara Brunei Darussalam and also includes of the continental shelf;
“State Seal” means the Seal of Brunei Darussalam referred to in
Article 79 of the Constitution;
“State waters” means all waters, whether navigable or not, included within Brunei Darussalam, and is deemed to include territorial waters;
“statutory declaration”, if made —
(a)
in Brunei Darussalam, means a declaration under the
Statutory Declarations Act (Chapter 12);
(b)
in any part of the Commonwealth except Brunei
Darussalam, means a declaration made before a justice of the peace, notary public or other person having authority therein under any legal provision for the time being in force in such part of the
Commonwealth to take or receive a declaration; and
(c)
in any other place, means a declaration before a Brunei
Darussalam Consul;
“street” includes any highway, street, road, bridge, thoroughfare, parade, square, court, alley, lane, bridleway, footway, passage or open place whether situate on land leased from the Government or not, used or frequented by the public, or to which the public have, or are permitted to have, access;
“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
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“Sultan” means His Majesty the Sultan and Yang Di-Pertuan;
“Supreme Court” means the Supreme Court of Brunei Darussalam established under the Supreme Court Act (Chapter 5);
“swear” includes affirmation, declaration, affirming and declaring in the case of persons allowed by law to affirm or declare instead of swearing;
“territorial waters” means such part of the sea adjacent to the coast of Brunei Darussalam as is defined by the Territorial Waters of
Brunei Darussalam Act (Chapter 138) and the limits of it are more particularly set out in the map published in pursuance to section 3
and notified in the Gazette;
“treaty” means a treaty, convention or agreement made with a foreign state, together with protocols or declarations attached thereto, or independent thereof but referring thereto;
“trust territory” means a territory administered by the Government of any part of Her Majesty’s dominions under the trusteeship system of the United Nations;
“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland;
“waters of Brunei Darussalam” means all waters, whether navigable or not, included within Brunei Darussalam, and are deemed to include territorial waters;
“waters of the State” means all waters, whether navigable or not, included within Brunei Darussalam, and are deemed to include territorial waters;
“will” includes any testamentary instrument;
“words” includes figures and symbols;
“writing” includes writing, printing, lithography, photography, typewriting, and every other mode of representing words or figures in a visible form; but, in the case of a book, “printing” does not include writing or typing. Nothing in this definition shall be taken to apply to signatures;
“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of
Parliament of the United Kingdom or any Order of Her Britannic
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Majesty in Council, or any law which no authority in Brunei
Darussalam is empowered to amend;
“year” means a year according to the Gregorian calendar;
“years of age” or words of a like meaning, when used in reference to the age of any person, means years according to English reckoning.
Definition
(2)
When a definition has been given by this Act or any other written law to words or expressions, that definition, and all grammatical variations and cognate expressions thereof, shall, unless there is something in the subject or context inconsistent with such construction, have the meaning thereby assigned to it whenever it is used in such written law or in any subsidiary legislation made thereunder.
Reference to Government property
(3)
Whenever any reference is made to property and the expressions used in relation thereto imply that such property is owned by, or belongs to, the Government, or convey a similar meaning, such reference is deemed to refer to such of the property of the description mentioned as has by, or with the consent of, the competent authority, express or implied, been appropriated to the use of the Government.
Provisions for gender and number
(4)
Words importing the masculine gender include females.
(b)
Words in the singular include the plural and vice versa.
Meaning of serving by post
(5)
When any written law authorises or requires any document to be served by post, whether the expression “serve”, “give”, “send” or any other expression is used, the service is deemed to be effected by properly addressing, preparing and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.
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Reference to time
(6)
Whenever any expression of time occurs in any written law or instrument, the time referred to shall be held to be standard time.
A.m. and p.m.
(b)
The expression “a.m.” indicates the period between midnight and the following noon; and the expression “p.m.” indicates the period between noon and the following midnight; and where two such expressions occur conjunctively in relation to any specified hours, or in conjunction with the words “sunset” or “sunrise”, they shall be construed as relating to a consecutive period of time.
His Majesty the Sultan and Yang Di-Pertuan
(7)
Reference to His Majesty the Sultan and Yang Di-Pertuan shall be construed as a reference to His Majesty the Sultan and Yang Di-Pertuan for the time being; and in this Act and in every other written law, whether passed before or after the commencement of this Act, references to
His Majesty the Sultan and Yang Di-Pertuan reigning at the time of the passing of the Act shall be construed as references to His Majesty the Sultan and Yang Di-Pertuan for the time being.
Straits Settlements
(8)
Reference to the Straits Settlements or to the Colony of
Singapore or to the State of Singapore or to Singapore shall be construed as a reference to the Republic of Singapore.
Federated Malay States, Malaya or Federation
(9)
Reference to the Federated Malay States or to Malaya, the
Malayan Union or the Federation of Malaya or the Federation shall be construed as a reference to the Federation of Malaysia.
Sarawak and North Borneo
(10)
Reference to the Colony of Sarawak or to the Colony of North
Borneo or to Sarawak or North Borneo shall be construed as a reference to the State of Sarawak or the State of Sabah respectively.
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Restyling of designation of public office etc.
(11)
Whenever His Majesty the Sultan and Yang Di-Pertuan, by notification signified in the Gazette, directs that the style of any public office or of one or more officers holding the same public office, or of any public body or any other public authority, or of any place be changed, a reference to such office, officer or officers, body, authority or place in any written law shall be construed as a reference to such office, officer, officers, body, authority or place as so restyled.
Public officers
(12)
Where a reference is made in any written law to any public officer by the term designating his office, the term shall include the officer for the time being discharging the functions of that office.
Expression denoting distance
(13)
Any word or expression denoting distance shall denote distance measured in a straight line on a horizontal plane.
Computation of days
(14)
In computing a period of days from the happening of an event for the doing of any act or thing, there shall be excluded the day on which the event happens or the act or thing is done and, if the period is less than 6 days, any public holiday within such period.
Provision where no time prescribed
(15)
A prescribed act or thing shall, if no time is prescribed, be done with all convenient speed, and as often as the prescribed occasion arises.
Written law, when binding on Government
(16)
No written law shall be binding on the Government unless it appears expressly or by necessary implication that the Government shall be bound thereby.
References to instruments under Act
(17)
A reference in any written law to any other law is deemed to include a reference to any instrument made by virtue of the law to which reference is made.
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Forms
(18)
Whenever forms are prescribed under any written law slight deviations therefrom, not affecting the substance or not calculated to mislead, shall not invalidate them.
Exercise of powers in special cases
(19)
Where any power or duty is by or under any written law vested in the holder of any public office and either —
(a)
that office has been abolished; or
(b)
no person has been appointed to discharge the functions of that office, those power and duties may be discharged —
(i)
in the case of making subsidiary legislation, by
His Majesty the Sultan and Yang Di-Pertuan in
Council; and
(ii)
in any other case, by the holder of such other public office as His Majesty the Sultan and Yang Di-Pertuan may by order signified in the Gazette direct.
(20)
Where a Gazette is published in more than one form, the date of publication of that Gazette is deemed to be the date that Gazette is first published in any form.