Section 49
of Mutual Assistance in Criminal Matters Order, 2005
Section 49
( I ) A foreign country may request the Attorney General to assist in effecting the service of process on a person in Brunei Darussalam.
(2)
Where, on receipt of a request made under subsection (I), the Attorney
General is satisfied that -
(a)
the request relates to a criminal matter in that country;
(b)
there are reasonable grounds for believing that that person to whom the request relates is in Brunei Darussalam;
(c)
that country has furnished sufficient details to that person of the consequences of a failure to comply with such process; and
(d)
where the request relates to the service of a summons to appear as a witness in that country, that country has given an adequate undertaking in respect of the matters specified in section 50, the Attorney General may authorise assistance in accordance with this section.
(3)
Where service has been authorised under subsection (2), the Attorney
General shall direct an authorised officer to arrange service, and in such a case the authorised officer shall -
(a)
use his best endeavours to have the process served -
(i)
in accordance with the procedure proposed in the request; or
(ii)
if that procedure is unlawful in Brunei Darussalam, or if no procedure is so proposed, in accordance with the Rules of the
Supreme Court (R 1 of Chapter 5); and
(b)
if the document -
(i)
has been served, transmit to the Attorney General for transmission to the appropriate authority a certificate as to service; and
(ii)
has not been served, transmit to the Attorney General for transmission to the appropriate authority a statement of the reasons which prevented the service.
(4)
Rules of Court made under section 57 may provide for -
(a)
the documents and other information to accompany the service of process; and
(b)
the form of the certificate referred to in sub-paragraph (i)
of paragraph (b) of subsection (3) and the statement referred to in sub-paragraph (ii) of paragraph (b) of subsection (3).
Undertaking by foreign country.