Section 2
In this Order, unless the context otherwise requires -
of Mutual Assistance in Criminal Matters Order, 2005
"ancillary criminal matter" includes -
(a)
the restraining of dealing with, or the seizure, forfeiture or confiscation of, any property; and
(b)
the obtaining, enforcement or satisfaction of a confiscation order;
llauthorised officer" means -
(a)
the Director, Deputy Director and any other officer of the Narcotics
Control Bureau appointed under subsection (1) of section 2A of the Misuse of Drugs Act (Chapter 27);
(b)
the Director, Deputy Director, Assistant Director, Chief Special
Investigator, a Senior Special Investigator and any other officer of the
Anti-Corruption Bureau appointed under subsection (3) of section 3 of the
Prevention of Corruption Act (Chapter 13 1);
(c)
any police officer; or
(d)
any other person or class of person appointed by the Minister to be an authorised officer or authorised officers for the purposes of this Order;
"criminal investigation" means an investigation -
(a)
into an offence; or
(b)
for the purposes of an ancillary criminal matter;
"criminal matter" includes a criminal investigation, any criminal proceeding and an ancillary criminal matter;
"criminal proceedings" means a trial of a person for any offence, and includes any proceedings to determine whether a particular person should be tried for any offence and any proceedings in respect of an ancillary criminal matter;
"financial institution" means -
(a)
a bank licensed under the Banking Act (Chapter 95);
(b)
a bank licensed under the Islamic Banking Act (Chapter 168);
(c)
a company licensed under the Finance Companies Act (Chapter 89);
(d)
a bank licensed under the International Banking Order, 2000
(S 53/00);
(e)
the Perbadanan Tabung Amanah Islam Brunei established by subsection (1) of section 3 of the Perbadanan Tabung Amanah Islam Brunei
Act (Chapter 163);
(fl a person carrying on money-changing or remittance business under a licence granted under the Money-Changing and Remittance Businesses Act
(Chapter 174);
(g)
a registered moneylender under the
Moneylenders
Act
(Chapter 62); or
(h)
any person designated by the Minister by notification in the
Gazette;
''foreign country" means any country or territory outside Brunei
Darussalam.
"foreign prisoner" means a person who is being held in legal custody in a foreign country -
(a)
pending trial for, or sentence for; or
(b)
pursuant to a sentence of imprisonment for, an offence against the law of that foreign country;
"items subject to legal privilege" means -
(a)
a communication between an advocate and solicitor and his client or any person representing his client made in connection with the giving of legal advice to that client;
(b)
a communication between an advocate and solicitor and his client or any person representing his client, or between such an advocate and solicitor or his client or any such representative and any other persons, made in connection with or in contemplation of judicial proceedings and for the purposes of such proceedings; and
(c)
items enclosed with or referred to in any such communication and made -
(i)
in connection with the giving of legal advice; or
(ii)
in connection with or in contemplation of judicial proceedings and for the purposes of such proceedings, when they are in possession of a person who is entitled to possession of them, but excluding in any case any communication or item held with the intention of furthering a criminal purpose;
"Minister" means the Minister for the time being responsible for the administration of this Order;
"official record" means a document held by a Government department or agency or a prosecution authority;
"prison" has the same meaning as in section 2 of the Prisons Act
(Chapter 51);
"prisoner" has the same meaning as in section 2 of the Prisons Act
(Chapter 51);
"process" means any summons, warrant, order or other document in respect of a criminal matter issued -
(a/ out of any court of Brunei Darussalam, any Judge or Registrar of the Supreme Court, or any judicial officer of the Court of Magistrate; or
(b/ out of any court of a foreign country or by any judge, magistrate or other officer of such a court;
"requesting country", in relation to a .request for assistance made under
Part 111, means the foreign country that made the request;
Objects of Order.