Section 29
of Mutual Assistance in Criminal Matters Order, 2005
Section 29
(1)
Where a request is made by a foreign country that any document, article or other thing in Brunei Darussalam be produced for the purposes of any criminal matter in that country, the Attorney General or any person duly appointed by him may apply to the court for an order under subsection (2).
(2)
If, on such an application, the court is satisfied that the production of the document, article or other thing is necessary or desirable for the purposes of the criminal matter to which the application relates, it may make an order that the person who appears to the court to be in possession of that document, article or other thing shall -
(a)
produce it to an authorised officer for him to take away; or
(b)
give an authorised officer access to it, within 7 days of the date of the order or such other period as the court may consider appropriate.
(3)
In this section, the documents, articles or other things -
(a)
shall include copies of Government records, documents or information which under the law of Brunei Darussalam are available to the general public;
(b)
may include, at the Attorney General's discretion, in whole, in part or subject to conditions, copies of any Government records, documents or information which under the law of Brunei Darussalam are not available to the general public; and
(c)
may include, at the court's discretion, items subject to legal privilege.
(4)
The proceedings referred to in subsection (2) may be conducted in the presence or absence of the person to whom the criminal proceedings in the foreign country relates or of his legal representative (if any).
(5)
The court shall record any objection that the person required to produce any document, article or other thing could not be compelled to produce such document, article or thing for the purposes of any criminal matter in that foreign country, but shall not rule on the matter.
(6)
The proceedings referred to in subsection (2) shall be heard in camera.
Special provisions regarding documents etc. in the possession of financial institution.