Section 3
of National Bank of Brunei; National Finance Sendirian Berhad Act
Section 3
The powers, duties and functions ofthe Controller under this Act shall be exerciseable by the Controller and/ or by any employee or officer or agent or adviser (including professional adviser) of the Ministry of Finance or any other public officer to whom, in each case, the Controller shall have delegated such powers, functions or duties. Accordingly, the expression "the
Controller"
when used herein shall also include any such delegate.
Exerciseof powers, duties and functions of the
Controller 4.
(1)
The Controller may investigate or enquire into the
Powersof business and affairs of the Bank, the Finance Company or any investigation connected person.
(2)
For the purpose of any investigation or enquiry under section 4(1), the Controller may -
(a)
enter and search any office, place of business or residence, and inspect any book or other document whatsoever, of the Bank, the Finance Company or any connected person;
(b)
require the Bank, the Finance Company or a connected person to produce to him any account, book or other document whatsoever within the custody or control thereof;
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National Bank of Brunei Berhad;
National Finance Sendirian Berhad
(c)
by notice in writing require any person whether or not a connected person to appear before him in order to answer any question as may be asked of such person in relation to the business or affairs of the Bank or of the Finance Company and may require that such answers be given on oath or affirmation;
and
(d)
seize, take possession of and retain for such time as the Controller may deem necessary any object, article, material or thing, or any account, book or other document whatsoever relating to the Bank, the Finance Company or any connected person; and /
or
(e)
if a connected person is an individual, search him, provided alwaysthat wheneverit is necessaryto cause a woman to be searched, the search shall be made by another woman; and
(f)
seize, take possession of and retain for such time as the Controller may deem necessary the passport of any connected person.
(3)
In conducting any examination under section 4(2)(c), the person conducting such examination may cause the proceedings of such examination to be recorded in writing.
(4)
Any record of an examination made pursuant to section 4(3) shall be clearly read to and signed by the person examined, provided that if the person examined refuses to sign such record, the person conducting the examination shall endorse thereon under his hand the fact of such refusal and the reason thereof, if any, given by the person examined.
(5)
Any finding, investigation report, examination record or other document relating to an investigation or enquiry under this Act shall, notwithstanding any other
National Bank of Brunei Berhad;
National Finance Sendirian Berhad
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written law or rule of law relating to evidence, be admissible in any proceeding under this Act or otherwise.
(6)
The Controller may-
(a)
grant permission to any person to have access to anything seized or of which possession is taken during the course of an investigation or enquiry under this Act; or
(b)
disclose or make available to any police officer or public officer any finding, investigation report, examination record or other document relating to an investigation or enquiry under this Act.
(7)
If the Bank, the Finance Company or any person fails to comply with any requirement or refuses to answer any question which in any case is made or posed by the Controller in the exercise of his powers under the provisions of this section 4, such person shall be guilty of an offence:
Penalty, imprisonment for 2 years and a fine of $10,000.
(8)
Whether or not any investigation or enquiry under section 4(1) has been commenced, any person who shall-
(a)
conceal, hide, destroy or alter any object, article, material or thing, or any account, book or other document or any entry therein, of or relating to the Bank, the Finance Company or any connected person or the business or affairs thereof;
(b)
send any thing referred to in paragraph (a) out of Brunei Darussalam;
or
(c)
sell, dispose of, charge, pledge, transfer or otherwise deal with or dissipate or remove from or send out of Brunei Darussalam, any money, property or asset belonging to or secured in favour of the Bank, the Finance Company or any connected person,
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National Bank of Brunei Berhad;
National Finance Sendirian Berhad
Management ofthe Bank and the
Finance
Company such person shall be guilty of an offence:
Penalty, imprisonment for 2 years and a fine of $10,000.
(9)
Any person whowilfullymakesany falsestatement inanswerto a questionaskedofhimunder section4(2)(c)shall be guiltyof an offence: Penalty,imprisonmentfor a term of2
years and a fine of $10,000.
(10)
Any person who wilfully obstructs the Controller in the exercise of powers under this section shall be guilty of an offence: Penalty, imprisonment for 2 years and a fine of
$10,000.