What is Police Regulations, 1958?

Police Regulations, 1958 is Brunei Subsidiary Legislation, cited as Subsidiary Legislation S59 1958, currently marked in force and first recorded in 1958.

Is Police Regulations, 1958 still in force?

Yes — Police Regulations, 1958 is currently in force.

When did Police Regulations, 1958 take effect?

Police Regulations, 1958 was first recorded in 1958.

How many sections does Police Regulations, 1958 have?

Police Regulations, 1958 contains 68 sections.

Where can I read the official version of Police Regulations, 1958?

The official text of Police Regulations, 1958 is published at agc.gov.bn.

Police Regulations, 1958 (S59)

Front matterCover and publication detailsOpen

THE POLICE FORCE ENACTMENT (Cap. 50).

Pursuant to section 62 of the Police Force Enactment, Cap. 50.

the Resident has made the following regulations

REGULATIONS

PRELIMINARY

Regulations 1

Title and commencement.

Interpretation.

APPOINTMENT

Gazetted Officers.

Probation.

General Orders applicable.

Inspectorate.

Selection of candidates.

Probation for inspector.

Agreement.

Quarters, uniform and equipment.

Government General Orders: inspectorate.

Recruitment of rank and file.

Agreement.

Period of appointment.

Medical examination.

Prohibition against re-appointment.

Promotion on probation.

Quarters, uniform and equipment.

Government General Orders: rank and file.

Section 20

Acting and probationary appointments.

III

PAY AND ALLOWANCES.

Pay.

Allowances.

Good conduct allowances.

Educational allowances.

Educational bonuses.

Specialist allowances.

Additional increments for constables.

Award allowances.

Engagement bonuses.

PENSIONS, GRATUITIES AND ALLOWANCES OF A

LIKE NATURE

Circumstances in which pension may be granted.

Pensions, etc.

for police officers ceased to be efficient.

Application of

Pensions

Enactment,

1957, to pensions etc. granted under this

Part.

Pensions Regulations, 1957, to apply to rank and file regarding pensions etc.

Modifications.

LEAVE, PASSAGES AND MEDICAL AID

Vacation leave and passages.

Casual leave.

Extraordinary leave.

Withholding of leave.

Sick leave.

Medical treatment.

Injuries incurred on duty.

Quarantine leave.

Passages on leave and retirement.

Passages on dismissal or discharge.

DISCIPLINE

( a) Inspectors 45

Preliminary procedure.

Charging and plea.

Hearing.

Partiality of tribunal.

Representation.

Access to records and documents.

Procedure.

Proceedings after hearing.

Review.

Amending or adding to charges.

(b)

Non-commissioned Officers and Constables.

Preliminary procedure.

Hearing.

Charging and plea.

Objection to officer hearing the case.

Procedure on hearing.

Citation and commencement.

Interpretation.

Proceedings after hearing.

Review and adding to or amending charges.

Officer authorised to hear charges.

Powers of officers other than Officers Command-ing a Police District.

Part VII

-

GENERAL

Procedure where appropriate tribunal does not make an award but makes recommendations to

Chief Police Officer.

Effect of award.

Brunei Volunteer Police Force.

VIII

HIRE OF POLICE FOR PRIVATE PURPOSES

Hire of Police.

Fees for services.

Fees for use of Police Transport.

Hire of Police Band.

Distribution of Band fees.

Repeal.

Schedule 'A'.

Schedule 'B'.

Schedule 'C'.

Schedule 'D'.

Schedule 'E'.

PRELIMINARY

Th 1

d h

P li

Enactment No. 23

ese regu ations may e

CIte as teo Ice e-of 1957.

gulations, 1958, and shall come into force

On the same date as the Pensions Enactment, 1957.

Section 2

In these regulations-

"appropriate tribunal"

means a person or board authorised by these regulations to enquire into the ques

tion of whc ther a police officer of the rank of inspector or below is guilty of an offence specified in subsection

(1)

of section 26 of the Enactment and to arrive at a finding in respect thereof;

"the Enactment" means the Police Force Enactment; Cap. 50.

"Force"

means the Brunei Police Force constituted under Part II of the Enactment;

"Inspectorate" means the total Police establishment of inspectors of all grades;

"rank and file" means the total Police establishment of non-commissioned officers and police constables;

"Service"

means the Public Service of the State.

Gazetted

Officers.

Probation.

General

Orders applicable.

Inspectorate.

Selection of candidates.

Probation for inspector.

Agreement

(Schedule 'A').

Quarters, uniform and equipment.

Government

General Orders:

inspectorate.

Recruitment of rank and file.

Section 3

APPOINTMENT

Subject to the approval of the Sultan, the Resident shall make appointment to gazetted rank.

Section 4

The ordinary period of probation for gazetted offi

cers shall be three years.

Section 5

Gazetted officers are members of the Service and are subject to

Government General

Orders affecting the

Service.

Section 6

The Chief Police Officer may, with the approval of the Sultan, make appointments to the Inspectorate either by promotion from within the Force or by selection of suit

able candidates from outside the Force.

Section 7

(1)

Subject to paragraph (2), candidates for selec

tion from outside the Force shall be

British subjects or

British Protected Persons and shall be passed physically fit by a Government Medical Officer and also shall conform to the following requirements-

(a)

age-between nineteen and twenty-six years;

(b)

height-minimum five feet and four inches;

(c)

chest

minimum deflated

thirty-four inches; and

( d)

in possession of a Junior Cambridge Certificate or its equivalent.

(2)

The

Chief Police

Officer may in a special case, accept a candidate who does not conform to the require

ments.

Section 8

( 1 ) Subject to paragraph (2), the normal period of probation for Inspectors shall be three years.

(2)

The

Chief

Police

Officer may, at his discretion, reduce or extend that period.

(3)

Inspectors on probation who fail to pass the ex

amination prescribed in

Police Orders shall be liable to discharge, or to reversion to the rank held before appoint

ment to the Inspectorate.

Section 9

An agreement, as in Form I in Schedule 'A', shall be signed on first appointment to the Inspectorate.

Section 10

(1)

Members of the Inspectorate are entitled to furnished

Government Quarters and to a free issue of uniform and equipment, in accordance with the scale pre

scribed in Police Orders.

(2)

Rent for Quarters shall be paid in accordance with

General Orders.

Section 11

Members of the Inspectorate are members of the

Service and, save in so far as special provision is not made by these regulations or by Orders made under Part VIII of the Enactment, are subject to Government General Orders affecting the Service.

Section 12

(1)

Subject to paragraph (2), candidates for ap

pointment to the rank and file shall be British Subjects, Bri-

tish Protected Persons, or persons with at least seven years'

residence in

Brunei, Sarawak or North Borneo, and shall conform to the following requirements-

(a)

ag-e

between eighteen and twenty-eight years;

(b)

height

minimum five feet and two inches;

(c)

chest

minimum deflated thirty-one inches; and

(d)

passed physically fit by a Government Medical

Officer.

(2)

The Chief Police Officer may, in a special case, accept a candidate who does not conform to the require

ments of paragraphs (a), (b) and (c).

Section 13

An agreement.

as in Form II in Schedule 'A', shall Agreemcnt

, b

d fi d'

(Schedule ':\')

e signe on rst an every su sequent appomtment.

Section 14

(1)

The period of first appointment to the rank ᪽;;;᪽i᪽lll᪽lfellt.

and file shall be three years.

(2)

Subsequent appointments shall be for three year periods.

Section 15

Before each appointment, a member of the rank Medical

, d fil h II d di

., b

G exauunatro n.

an e s a un ergo a me ica examination y a overn-ment Medical Officer.

Section 16

No member of the rank appointed who

(a)

and file shall be re-Prohibition against re-a ppomt mcnt

(b)

is considered unlikely to become, or has ceased to be, an efficient police officer;

is certified by a Government Medical Officer to be physically or mentally unfit for service in the Force.

Section 17

A member of the rank and file who is promoted to Promotion 011

d k h

II dinaril d probation.

a non-comrrussrone ran' sa, or man y, un ergo a pro-bationary period of six months which may be reduced or extended by the Chief Police Officer.

Section 18

(1)

Members of the rank and file are entitled to Quarters.

uniform

and equrptu eu t

furnished Government Quarters, and to a free

Issue of urn-form and equipment, in accordance with the scale prescribed in Police Orders.

(2)

Rent for Quarters shall be paid in accordance with

Government General Orders.

Section 19

Members of the rank and file are members of the Government

S·

General

Orders:

ervice an

, unless specla provIsIOn to t e contrary

IS ma e, rank & file.

are subject to Government

General

Orders affecting the

Service.

A police officer actina.

or on probation in a rank

Acting & proba-

, tsonarv appomt-superior to his own is vested with all the powers, privileges ments:

and duties pertaining to the rank in which he is acting but his remuneration and emoluments shall be as laid down in

Government General Orders.

Pay.

Allowance.".

Good conduct allowances.

III

PAY AND ALLOWANCES

Section 21

Rates of pay of members of the Force shall be such as the Sultan in Council may make provision for.

Section 22

The allowances provided for by this Part may be paid to members of the rank and file in addition to those allowances payable to them under

Government

General

Orders.

Section 23

(1)

The Chief Police Officer may award, to mem

bers of the rank and file, good conduct allowances in accord

ance with the foilowing

(a)

The first good conduct allowance of two dollars per month may be awarded for three years'

service without incurring a major punishment.

(For the purpose of this regulation, "major punishment"

means reduction in rank, forfeiture of three or more days'

payor an equivalent Court fine, confinement to barracks for fourteen days, or compulsory performance of fourteen extra duties or drills).

(b)

The second good conduct allowance of two dollars per month may be awarded if the first good conduct allowance has been held without interruption for three years.

(c)

The third good conduct allowance of two dollars per month may be awarded if the first and second good conduct allowances have each been held for three years.

(2)

The payment of good conduct allowances shall cease from the date of promotion to the Inspectorate.

(3)

One good conduct allowance shall be forfeited if the holder receives a major punishment, or if the recipient commits a disciplinary offence which, in the opinion of the

Chief Police Officer, merits that forfeiture.

(4)

A good conduct allowance so forfeited may be re

stored after one year if no disciplinary offence has been committed during that period.

(5)

Where two or three good conduct allowances have been forfeited, they may, if no major punishment is incurred, be restored for successive periods of one year.

(6)

A good conduct allowance so forfeited may, at any time, be restored by the Chief Police Officer as a reward for gallant conduct, or for exceptionally good work.

(7)

The granting or regranting of a good conduct al

lowance shall date from the first day of the month following that in which the good conduct allowance was awarded or restored or, where the good conduct allowance was awarded or restored on the first day of a month, it shall take effect from that date.

(8)

Where a good conduct allowance is forfeited on or before the fifteenth day of a month, the good conduct al

lowance shall cease from the first day of that month;

or, where forfeited subsequent to the fifteenth day of a month,

100

the good conduct allowance shall cease from the first day of the following month.

Section 24

Educational and other similar allowances shall in Educational d

. h S h d

'B'

b bl f 'h allowances accor ance WIt c e u e

,e paya e to members 0

t e

(Schedule 'R')

rank and file.

f h k d fil

Educational 25.

(1)

Members 0

t e ran'

an e

\V 10 pass t re bonuses.

Standard I examination prescribed in

Police

Orders for

Probationary Inspectors may be granted a bon lIS of $50.00.

(2)

A further bonus of $20.00 may be granted to mern

bers of the rank and file who pass the Standard II examina

tion prescribed in Police General Orders for Inspectors.

(3)

Subject to the provisions of the Note in Schedule (Schedule "R")

"B", members of the rank and file who qualify for any of the language or dialect allowances specified in

Schedule "B"

shall be eligible for a bonus of $50.00.

Section 26

Specialist allowances shall in accordance wi th Specialist

S h d

"C"

b bl b' f h k

I fil allowances

C e

U e

,e paya e to mern ers 0

t e ran'

ane e.

(Schedule ··c'·)

.27.

(1)

. A constable who has served for fift:᪽n ye᪽rs

Additional continuously In the Force may be granted an additional

In-increments for h ifi d j

S h d I'D"

CI' f constables crement at t e rate speer e

In cneuu e'

,I t le ue

(Schedule' "0").

Police Officer is satisfied that

(a)

he shows outstanding proficiency in the duties; and

(b)

11e has conducted himself satisfactorily.

(2)

A constable who has served for twenty years

COI1-

tinuously in the Force and is in receipt of an additional increment under paragraph (1), may be granteel an incre

ment at the rate specified in Schedule

"D"

if the

Chief

Police Officer is satisfied as aforesaid.

(Schedule "0").

(3)

If, at any time, the Chief Police Officer ceases to be satisfied as aforesaid, he may withhold an additional ill

crement payable under this regulation;

and in that event the increment shall not be re-granted until one }'ear has elapsed since the date of such withdrawal.

Section 28

Award allowances shall be paid to members of the f

Award allowances.

rank and file who are in possession 0

an award specified in the first column of Schedu.le "E" 'at the rate specified ill

(Schedule "E")

the corresponding part of the second column thereof.

Section 29

(1)

On completion of the first appointment of Engagement three years, members of the rank and file shall be eligible for bouuscs.

a bonus equal to two months' pay of the rank held at the completion of the appointment.

(2)

On completion of each subsequent appointment of three years, they shall be eligible for a bonus equal to one month's pay of the rank held at the completion of each

•

appoIntment.

zeal, in telligence performance of

PENSIONS, GRATCITI,ES AND ALLO\VANC:ES

OF A LIKE NATURE

Section 30

Without prejudice to paragraph (3)

of regulation Circumstances in 41

II h

II b d which pensron may

, no pension gratuity or otner a owance s a e grante

» be granted.

101

Pensions, etc for police ceased to be efficient

Applicat iou of

Pens ions

Enact

mcn᪽,

1᪽᪽37, to pens runs etc.

granted uude r this

Part.

Pensions Regula

tions,

1957, to apply to rank and file regarding pensions, etc.

Modifications.

under this Part, to any member of the rank and file unless he retires from the Force in one of the following circum

stances

(a)

on or after attaining the age of 45 years and having completed fifteen years' service;

(b)

he retires with the consent of the Chief Police

Officer having either

(i)

attained the age of 45 years and completed ten years' service; or

(ii)

completed fifteen years' service;

(c)

on the abolition of his office.

Section 31

Where a member of the rank and file is discharged by the Chief Police Officer on the ground that he is unlikely to become, or has ceased to be, an effitient police officer and a pension gratuity or other allowance cannot otherwise be granted to him in accordance with these regulations, the

Sultan in Council may, if he considers it justifiable in all the circumstances of the case, grant such pension, gratuity or other allowance as he thinks just and proper.

Section 32

_ (1)

Sections 9,

11,

12, 13, 14,

16 and 17 of the Enactment No.

Pensions Enactment, 1957, shall apply to pensions gratuities of 1957.

and allowances granted under this Part in like manner as if they had been incorporated herein with all modifications necessary to make them applicable.

(2)

If any question arises as to what modifications are necessary the decision of the Sultan in Council thereon shall be final.

Section 33

(1)

The Pensions Regulations, 1957, shall apply to the grant, to the rank and file, of pensions, gratuities and al

lowances and to the calculation and payment thereof in like manner as if members thereof held pensionable offices within the meaning of the

Pensions Enactment, 1957, and Enactment No.

Pensions Regulations,

1957, and as if provision had been of 1957.

made therein for the grant of pensions, gratuities and al-lowances to members of the rank and file.

(2)

In giving effect to this regulation, the modifications in-the next regulation and any other modification which the

Sultan in Council may deem necessary for applying the Pen-sions Enactment,

1957, and

Pensions Regulations,

1957, to Enact_ment No. 23

the rank and file shall likewise have effect.

of 19:>7.

Section 34

The modifications referred to in regulations 32 and 33 shall be

(a)

regulation 15

of the

Pensions

Regulations,

1957, shall be construed as if the proviso to paragraph

(1)

thereof had enabled a break caused by an event in sub-paragraphs (i), (ii)

or (iii) of paragraph (b)

of this regulation to to be disregarded for the purpose of determin

ing whether service had been continuous but to be nevertheless excluded for the purposes of calculating a pension, gratuity or allowance as expressly provided by paragraph (b);

(b)

in reckoning the service of any non-commis

sioned officer or constable for the purposes of calculation of pension or gratuity, there shall be excluded therefrom all periods during which the officer or constable has been absent from duty for any of the following reasons

(i)

imprisonment for any cause, save that of detention while awaiting-any trial which results in his acquittal or discharge;

(ii)

desertion;

(iii)

absence without leave exceeding forty-eight hours;

(c)

Paragraph (a) of regulation 21 of the Pensions

Regulations, 1957, shall be ignored;

( d) regulation 25 of the Pensions Regulations, 1957, shall be ignored;

(e)

a reference to retirement on the ground of ill health shall be construed as a reference to dis

charge under subsection (3)

of section 19 of the Enactment;

(f)

a reference to compulsory retirement for the purpose of facilitating improvement in the organisation of a department designed to effect greater efficiency Or economy shall be construed as a reference to discharge on re-organisation or reduction of establishment of the Force.

LEAVE,

PASSAGES AND MEDICAL AID

Section 35

( 1)

Gazetted

Officers shall, in accordance

Government General Orders, be eligible for leave and ages.

with

Vacation leave pass-and passages.

(2)

(a)

Members of the Inspectorate and rank and file are eligible for one month's full pa'y leave in respect of each completed year of service.

(b)

In special circumstances, and with the consent of the Chief Police Officer, such leave may be accumulated up to a maximum of three months, but shall not be taken in periods of less than one month at a time.

(3)

Leave prior to retirement on pension or gratuity shall be proportionate to the applicant's length of service since his appointment or last return from leave, but shall not exceed three months.

Section 36

(1)

In addition to vacation leave, casual leave C..ual leave.

not exceeding six days in a calendar year may be granted to members of the Inspectorate and rank and file.

(2)

Such leave shall not be

( a) accumulated;

103

Extraerdinary leave.

Withholding of leave.

Sick leave.

Medical treatment.

Illness to be reported.

Medical

Officer's recommendation.

Period of sick leave.

Further absence how recorded.

Sick leave in case of prolonged illness or serious accident.

Special leave.

Other leave in lieu.

Tuberculosis.

(b)

granted to a member who has had more than one month's sick leave during the preceding twelve months;

(c)

granted to a member who, within the preceding six months, has returned from vacation leave.

Section 37

The grant of extraordinary leave shall be governed by the Government General Orders in force which shall, as occasion requires, be reproduced in Police Orders.

Section 38

Leave may be withheld if conduct has been un

satisfactory.

Section 39

For the purposes of this Part, "sick leave"

means a period during which a police officer is permitted, on ac

count of illness, to be absent on full pay from duty without forfeiting leave of any other description, provided that the appropriate

Medical

Officer certifies that the sickness is not purposely self-inflicted or due to irregular or intemperate habits, or, if venereal, has not been concealed or aggravated by any act or default of the officer.

Section 40

( 1 )

Police Officers and their wives and children who require medical treatment shall receive medicines and such medical attendance as the Government has at its dis

posal free of charge.

(2)

Police

Officers shall report immediately to the officer to whom they are subordinate when they are pre

vented from attending to duty by reason of illness or indis

position.

(3)

Sick leave shall not be granted except on the written recommendation of a Government Medical Officer, or if no Government

Medical Officer is available, on the written recommendation of a hospital assistant.

( 4)

Sick leave at anyone time shall not, ordinarily, exceed fourteen days, but subject to paragraph (6) with the approval of the Chief Po.lice Officer, it may be extended to a maximum of forty-two days in the case of an officer who is confined by illness to house or hospital.

(5)

The aggregate sick leave to which an officer is en

titled in anyone calendar year shall be twenty-eight days, but, subject to paragraph (6), a further fourteen days may be granted by the

Chief Police Officer in the case of an officer who is confined by illness to house or hospital.

(6)

In the case of prolonged illness or serious accident, the whole period during which an officer is confined to house or hospital may, with the special approval of the

Chief

Police Officer, be treated as sick leave.

(7)

In special cases, the Resident may grant leave.

(8)

Where on the termination of leave granted to him, a police officer is certified by a Medical Officer to be still

. unab.le to resume duty, he may be granted leave of any other description for which he may be eligible.

(9)

(a)

A᪽offi᪽er who is found to be suffering from tuberculosis may be granted 'Sick leave' on full pay up to a maximum of six months.

104

•

(b)

If, at the end of six months, the officer is recommended for further treatment by the

State Medical Officer, he may be granted the full pay leave for which he may be eligible.

(c)

If still unfit for duty, and where there is reason to believe that he will ultimately be fit for further service, thereafter he may be granted a further period of half pay leave lip to a maxi

mum of six months.

(d)

If thereafter the officer is still unfit for duty, but the State Medical Officer is of the opinion that there is a possibility of his ultimate re

covery, he may be granted a further extension of leave on no pay.

(e)

Such extension of leave shall only be granted subject to the recommendation of the

State

Medical Officer and with the approval of the

Chief Police Officer.

(f)

Tile date en which an officer, to whom sick leave has been granted in accordance with this regulation ,resumes duty shall be notified to the

Chief Police Officer.

( 10)

(a)

Where an officer is absent from duty on sick Medical certificates.

leave the Medical Offi:cer attending' him shall forward a certificate to the Officer Command-ing the Police District concerned.

(b)

The certificate shall be in lieu of a formal application for leave, and the

Officer Com

manding the Police District shall have recorded the leave taken.

(c)

That Officer may, in his discretion, require the police officer to obtain a certifica te of medical fitness before returning to duty.

(11)

Where an illness is caused by irregular or intern

perate habits, or is certified by a

Government

Medical

Officer to be due to venereal disease which has become ag

gravated or been concealed, the officer or constable shall be provided with medical attendance, medical comforts, diet and accommodation in hospital free of charge, but his pay may, in the discretion of the Chief Police Officer, be stopped for so long as he is absent from duty.

, (12)

Where an illness has been purposely self-inflicted, the officer shall be liable, in addition to any other punishment which may be awarded for a breach of discipline, to pay for his accommodation in hospital and for his diet and shall receive no pay during the period of his absence from duty.

(13)

Cases where the period of fully paid leave is ex

hausted are to be reported at once to the

Chief

Police

Officer.

Section 41

( 1)

Cases of police officers rendered sick through Injuries incurred injury or exposure whilst on duty shall be reported promptly on duty.

to the Chief Police Officer for special consideration.

105

Quarantine leave.

Passages on leave and retirement.

Passages on dismissal or discha rge.

Preliminary procedure.

Charging and plea.

(2)

Where a police officer is absent from duty on ac

count of an injury or sickness received or incurred in the performance of duty, no stoppages of any kind shall be made from his pay so long as he is

. certified by a

Government

Medical Officer to be unfit for duty on account of the injury so received or the sickness incurred.

(3)

Where a police officer is injured on duty, without negligence on his part, he shall be entitled to reclaim from the Government all hospital charges incurred and may, in addition, be awarded such compensation as the Resident may, in his discretion, decide on the recommendation of the Chief

Police Officer based on the findings of a Medical Board.

Section 42

(1)

Provided that they would otherwise have re

turned in good time, detention in quarantine of police officers returning punctually from vacation leave, authenticated by a certificate from the quarantine station shall be recorded as sick leave, or such leave as they may be eligible for.

(2)

Leave with pay may not be granted in respect of periods of quarantine following unpunctual return.

Section 43

Members of the Inspectorate and rank and file pro

ceeding on vacation leave or on retirement shall be eligible for the grant of passage expenses in accordance with Gov

ernment General Orders.

Section 44

Members of the Inspectorate and rank and file recruited from outside

Borneo, who are dismissed or dis

charged from the Force, may, in accordance with the scale laid down in Government General Orders, be granted pas

sages to their country of domicile.

DISCIPLINE

( a) Inspectors.

Section 45

(1)

Where it appears to the Officer Commanding a

Police

District under whose command an Inspector is employed, that there is a prima facie case of breach of dis

cipline by the

Inspector, the Inspector shall be informed thereof in writing and invited to submit his explanation in writing within a reasonable specified period not exceeding seven days.

(2)

After the expiry of the period the facts of the case, together with any documents received from the Inspector, shall be forwarded to the Chief Police Officer.

Section 46

( 1)

The

Chief

Police

Officer shall determine whether a charge or charges shall be preferred against the

Inspector and, if a charge is to be preferred, the nature of the charge.

(2)

The charge or charges shall be served upon the

Inspector and a notice shall be given to him that he is re

quired, within seven days, to plead guilty or not guilty thereto unequivocally in writing, and to each charge sepa

rately if there is more than one, and that if he desires to plead guilty he may communicate, in writing, any matter which he desires to be taken into consideration in connec

tion therewith.

(3)

If an Inspector pleads not guilty he shall be in

formed that the case will be heard on a date specified, being a date not earlier than seven days from the date of service of the notice.

Section 47

(1)

Subject to paragraph

(2)

, the Chief

Police

Officer shall either hear the case himself or depute an officer Hearing not below the rank of Superintendent to do so, or appoint a Board consisting of two gazetted officers and name the

President, neither of which officers shall be the originator of the complaint leading to the charge or charges or be a person who has assisted in the investigation of the complaint.

(2)

Where the Chief Police Officer in his sole discre

tion considers that exceptional circumstances so warrant, he may, at the request of the Inspector against whom a disci

plinary charge has been preferred, apply to the Resident for the appointment of a Board of three public servants to Ileal'

the case and the Resident shall appoint such a Board com

prising' such persons as he thinks fit and name the President, and the Board shall comply with these regulations.

(3)

The manner in which the case shall be heard and tile names of members of any Board shall be communicated to the Inspector at least two days prior to the day on which the hearing' to commence.

Section 48

(1)

An Inspector charged with a breach of disci-P᪽rtiality of pline,

(hereafter referred to as the

"Inspector charged")

tribunal.

may, after being informed of the manner in which tile case shall be heard, make application to the Chief Police Officer that the case shall be heard by a Board instead of a single officer, or that the constitution of the Board appointed shall be changed (but only on the grounds of interest 01' partiality which shall be fully set out).

(2)

The application shall be in writing, and made before the day on which the hearing is to commence.

(3)

If the Chief Police Officer accedes to the applica

tion, he may exercise his power to determine by whom tile case be heard

;15 though no earlier determination had been made by him.

Section 49

(1)

The Chief Police Officer may appoint a pro-Representation

secutor.

(2)

The Inspector charged shall, whether a prosecutor is appointed or not, have the right to be represented by another

Inspector or, with the approval of the Chief Police Officer, a gazetted officer who may conduct his defence on his behalf.

(3)

No barrister or solicitor may appear on behalf of an

Section 50

Inspector charged,

An Inspector charged shall be given copies of, or Access to record.

reasonable access to, such police records and other documents and document•.

as he may require which are necessary to enable him to prepare his defence (other than any records or documents in respect of which privilege would be claimed before a Court).

107

Procedure.

Section 51

- ( 1 )

Where the Inspector charged has pleaded not guilty t᪽any charge, he shall attend at the place of hearing at the nme and on the date of which notice of hearing has been given.

(2)

The charge or charges shall be read over and the

Inspector charged may, if he wishes, change his plea.

(3)

(a)

Where the Inspector charged pleads guilty, that plea shall be entered on the record and he shall be asked if he wishes to make a statement.

(b)

He rna) thereupon make a statement which shall be recorded, or hand in a statement of matters which he desires to be taken into consideration.

(4)

Where an Inspector charged has pleaded not guilty to a charge, the prosecutor may address the officer, or Board, setting out, generally, the facts of the case and witnesses shall be called in support of the charge or charges, and on con

clusion of the evidence of each witness the Inspector charged may cross-examine such witness and thereafter the witness may be re-examined.

(5)

Where the examination of all witnesses in support of the charge has been completed, the Inspector charged may address the officer, or Board, for the purpose only of showing that no prima facie case has been established and if it appears to the Board that there is a prima facie case, the Inspector charged shall be asked whether he wishes to give evidence, and whether he wishes to call witnesses.

(6)

Where the

Inspector charged wishes to give ev

idence, he may do so and may be cross-examined and re-examined and thereafter such witnesses as he desires to call may be examined, cross-examined and re-examined.

(7)

Thereafter, with the consent of the officer or Board, hearing the case, witnesses to give evidence in rebuttal may be examined, cross-examined and re-examined.

(8)

At the conclusion of all the evidence the Inspector charged may address the officer, or Board, and thereafter the prosecutor may in reply address the officer, or Board.

(9)

Exhibits produced by witnesses shall be available for inspection by the Inspector charged and the prosecutor.

( 10)

The officer, or a member of the Board, hearing the case may, in his discretion, ask such questions of witnesses as he considers will assist the determination of the issues raised, and may, in his discretion, and at any time, call such witnesses as he considers may be able to assist in the determination of those issues.

( 11 )

The officer, or Board, hearing the case may, from time to time, adjourn the case but where an application is made for an adjournment it shall be shown by the applicant that such course would serve the ends of justice, and the adjournment shall be for a reasonable period only.

( 12)

The officer, or Board, hearing the case shall keep a record of the evidence heard, which shall on an adjourn

ment and on the termination of the hearing be signed and 108

dated by the officer, or President of the Board hearing the case and any interpreter.

(13)

Evidence shall not be taken on oath.

Section 52

᪽( 1)

Subject to paragraph (2), where the hearins Proc᪽edings after f h id h bid d h ffi

" hearing.

o t e evi ence as een conc u e

, teo icer, or Board,

shall make a finding as to whether the accused is guilty or otherwise of the breach of discipline charged.

(2)

Where the case has been heard by the Chief Police

Officer he may make his finding forthwith and, if the Inspec

tor charged is found guilty, award such punishment as he thinks fit, or he may reserve his finding or award and inform the Inspector accordingly.

(3)

Where the case has been heard by another officer or a Board, the Inspector charged shall be informed that the finding will be communicated to him in due course, and the record, together with the finding, shall be communicated to the Chief Police Officer, whereupon the Chief Police Officer shall inform the Inspector charged in person, or in writing, of the finding and his award, if any.

(4)

Where an Inspector charged has pleaded guilty, in writing, the Chief Police Officer may inform him that his plea of guilty has been accepted, which shall operate in all respects as a finding of guilt by an officer, or Board, constituted under paragraph (1) of regulation 47, or he may direct that a plea of not guilty be entered and the charge shall be heard as though the Inspector charged had pleaded not guilty.

(5)

Where the Chief Police Officer considers that the punishment which he can award is insufficient to meet the case, he shall not make an award but shall cause the charge, plea thereon and any statement in mitigation, and the record, finding and his reasons for not making an award thereon, to be forwarded to the Resident.

(6)

The Resident may order the dismissal of the Ins

pector or may remit the case to the Chief Police Officer to make an award and the Chief Police Officer shall make his award.

Section 53

᪽(1)

'Where the record and finding has, in accord-Review.

ance with paragraph (3) of regulation 52, been communicated to the Chief Police Officer the Chief Police Officer may, at any time before the finding has been communicated to the

Inspector or within seven days thereafter, direct the officer or Board hearing the case to review the case upon any of the following grounds

᪽

(a)

that evidence was improperly admitted;

(b)

that evidence was improperly excluded;

( c)

that the findings, or any of them, were not justified by, or were against the weight of, the evidence.

(2)

Paragraph (1)

shall not be deemed to authorise a review of a finding of not guilty but shall not preclude review of a finding of guilty on a charge tried together with a 109

Amending or adding to charges.

Preliminary procedure.

Hearing.

charge in respect of which there has been a finding of not guilty.

(3)

No review shall be made if at the time when review is directed under paragraph (1) the Chief Police Officer has made an award or an appeal has been lodged under sub

section (2)

of section 28 of the Enactment.

(4)

(a)

On a review under this regulation the officer, or Board, as the case may be, may re-hear the case in whole or in part or take f, esh evidence or do both.

(b)

The

Inspector charged shall have the same righ ts upon any review as he had at the original hearing and in addition :-

(a)

where any fresh evidence is heard, he shall, if he so requests, be granted a reasonable adjourn

ment fer the purpose of rebutting that evidence;

and

(b)

where the case is not wholly re-heard, witnesses who gave evidence at the original hearing shall, if the Inspector so requests, be recalled and re

examined.

Section 54

(1)

Subject to paragraph (2), a charge may be amended or a further charge added at any time prior to the finding being communicated to the Inspector charged or to his being informed that a finding will be communicated to him, whichever is earlier.

(2)

In tint event, the amended or added charge shall be read and explained to the Inspector and he shall be called upon to plead to the amended or added charge and shall be entitled to a reasonable adjournment to prepare his further defence and to recall any witnesses and call such further witnesses as he may desire.

(3)

Any witnesses giving evidence under this regulation may be cross-examined and re-examined.

(b)

Non-Commissioned Officers and Constables 55.-

(1)

Where it appears to a police officer not below the rank of Inspector that there is a prima facie case of breach of discipline against a non-commissioned officer or constable, an appropriate charge, or charges, in respect thereof shall be entered in a document which shall be headed

Defaulter

Report, which shall be used by the police officer as a record of the case.

(2)

The non-commissioned officer or constable (herein

after referred to as the "defaulter") shall be notified verbally of the charge and of the time of hearing, which shall not be earlier than the day following, and also of the place of hearing

(hereinafter referred to as the "Orderly Room").

Section 56

- ( 1 )

Proceedings in the Orderly

Room shall be conducted by a Gazetted Officer.

(2)

In special cases and with the sanction of a Gazetted

Officer, an Inspector may record pleas and evidence on behalf 110

of a Gazetted Officer, but shall comply with paragraph (2) of regulation 60.

Section 57

The charze or charges shall first be read over to Charging t>

and plea the defaulter who shall be required to plead unequivocally

guilty or not guilty thereto, and to each charge separately if there is more than one, and the plea shall be recorded.

Section 58

Where prior to a hearing a defaulter objects to an Objection to officer hearinz the case on the sround of partiality or bias officer hearing t>

.' the case he shall set out his grounds in full, in writing, and deliver

them to the officer who shall not commence the hearing of the case but shall forward the document to the Chief Police

Officer, who, in his discretion, may appoint another officer to hear the case.

Section 59

The provisions of paragraphs (-+)

to (12) of rezula-Procedure on

, b hear-ing.

tion 51 shall, with necessary changes, apply to a defaulter who pleads not guilty.

Section 60

(1)

A Gazetted Officer who conducts a hearing Procceding s may, at the conclusion of the hearing, announce his findings after hearing.

on each charge or may reserve his findings.

(2)

An Inspector who is authorised to conduct hearings shall reserve his findings and refer to a Gazettecl Officer for a decision.

(3)

A. Gazettecl

Officer who makes his finclings 11lay thereafter make his award which he shall endorse on the

Defaulter Report and communicate personally to the defaulter.

(4)

If the Gazetted Officer finds that defaulter guilty, or if the defaulter pleads guiltv, and if he considers that the punishment which he may award is insufficient to meet the case, he shall not make an award but shall write on the

Defaulter Report accordingly and send the Defaulter Report to the Chief Police Officer, and shall inform the defaulter accordingly.

Section 5

Thereafter the Chief

Police

Officer shall make an award, in writing, and communicate it to the officer making the finding, who shall inform the defaulter in person.

Section 61

Regulations 53 and 54 shall, with necessary changes, Review and apply to proceedings against a defaulter, save that a review, :'᪽᪽:;d᪽"᪽o C7,'᪽'L'Cl.

in accordance with regulation 63, may be directed by an

Officer Commanding a Police District and a review, in ac-cordance with regulation 64, may be ordered by the Chief

Police Officer.

Section 62

The police officers who may, in accordance with

Officer aut ho r-ised sub-section (1)

of section 26 of the Enactment, determine to hear charges.

charges against defaulters shall be Gazetted Officers.

Section 53

(1)

An appropriate tribunal shall not, unless it p᪽\.,:crst,᪽ln officer.

consists of an Officer Commanding a Police District, or a a.e'p.Ds.

Board presided over by that officer, award a punishment other than ;-

111

Procedure where appropriate tri

bunal does not make an award but makes recommendations to

Chief Police

Officer.

(a)

forfeiture of pay up to a maximum of seven days;

(b)

confinement to barracks up to a maximum of seven days;

( c)

compulsory performance of extra duties or drills, not exceeding six number;

(d)

such fatigue duties, not exceeding six in num

ber, as may be prescribed in Police Orders.

(2)

Officer

Commanding a

Police District or a

Board presided over by that Officer may, in addition to sub

paragraphs (b), (c)

and (d), order forfeiture of pay up to a maximum of fourteen days.

(3)

No award of an appropriate tribunal which does not consist of or include an Officer Commanding a Police

District shall be carried into effect unless and until it has been confirmed on review by that Officer.

(4)

For the purposes of that review the appropriate tribunal shall forward to the Officer Commanding a Police

District the record, findings and award of the appropriate tribunal and the

Officer

Commanding a

Police

District may:-

(a)

confirm or vary the award but may not impose a punishment which he could not lawfully im

pose under paragraph (2);

(b)

set aside the award and impose no punishment;

(c)

direct the appropriate tribunal to review the case in accordance with regulation 53, as read with regulation 61, and express his opinion as to the appropriate punishment.

(5)

Where an award is being reviewed in accordance with this regulation, the defaulter shall be informed of that fact and

(without prejudice to his right of appeal against any eventual award) may make oral or written representations to the Officer Commanding a Police District in connection with the findings and award of the appropriate tribunal.

-

Section 64

GENERAL

-( 1)

Where an appropriate tribunal considers that a defaulter should be punished otherwise than by a punish

ment which the tribunal may lawfully impose it shall not make an award but, in lieu thereof, shall forward its findings and the record of the case, together with its recommendations as to punishment, to the Chief Police Officer who may :-

(a)

impose any punishment which the tribunal might have imposed according to the

Enact

ment and without any restriction imposed by regulation 63;

(b)

set aside the award and impose no punishment;

( c)

may order the appropriate tribunal to review the case under regulation 53

as read with regu

lation 61

and may, in that case, give such 112

directions as to punishment as he may think proper and may remove the restriction imposed by regulation 63.

(2)

Where the procedure prescribed by this regulation is followed the appropriate tribunal shall inform the defaulter that such is the case and of the recommendations being made to the Chief Police Officer and the defaulter may, without prejudice to his right of appeal in respect of such award as may eventually be made" make such representations to the

Chief Police Officer, either orally or in writing, as he may think fit in connection with such recommendations.

(3)

Where the procedure prescribed by this regulation is followed and the appropriate tribunal does not consist of, or include, an Officer Commanding a Police District it shall be lawful for the Chief Police Officer, if he thinks fit, to con

sult the appropriate Officer Commanding a Police District and to ask him to make a recommendation but no recommendation shall in any way fetter the discretion conferred on the Chief

Police Officer.

Section 65

An award of any kind shall take effect from the

Effect of award.

date of communication of the award" except that, in the case of good conduct allowance, if the award is after the 15th day of the month, forfeiture shall date from the 1st day of the next succeeding month, and if the award is on or before the 15th day of the month, the forfeiture shall date from the 1st day of that month.

Section 66

The Chief Police Officer may make Police Orders Brunei Volunteer for the carrying out of Part IV of the Enactment.

Police

Force,

Part VIII

HIRE OF POLICE FOR PRIVATE PURPOSES

.67.-

(1)

A.n Of᪽icer Commanding a Police District may, Hile of Police.

III hIS absolute discretion, authorise the-employment, for pri-vate purposes, of police officers.

Section 68

(1)

Fees for the employment for private purposes Fees for services.

of the police shall be at the following rates :-

Inspectors

$9 per hour;

Non-Commissioned Officers and Constables

$2 per hour.

(2)

Fees shall be charged from the time the men leave their Station to assume the duty for which they are em

ployed, up to the time of their arrival back in the Station on completion of the duty.

113

Fees for use of

Police Transport.

Hire of

Police Band.

Distribution of

Band fees.

Repeal.

BRO

Notification dated 28.11.23

as amended.

BRO Notification dated 29.9.31

as amended.

BRO Notification

No. 84 of 1951

as amended.

(3)

Fees for part of an hour shall be charged as if for a complete hour.

Section 69

Fees for the use of Police Transport to convey men to and from the duties referred to shall be at the following rates :-

Motor Cycles 20

cents per mile;

Motor Cars, Pick-Ups,

Land-Rovers and other vehicles

60 cents per mile.

Section 70

-( 1)

The Chief Police Officer may, in his discre

tion, permit the Police Band to play at private functions.

(2)

The fees for full band performances shall be $100

for the first hour and $50 for each subsequent half-hour or fraction thereof.

(3)

No fee shall be charged where the Band performs at a public function, even if it is held in a private institution.

Section 71

Fees payable in accordance with regulation 70 shall be distributed as follows:-

50%

to the Band Fund;

40%

to the Bandsmen;

10%

to the Director of Music.

Section 72

These regulations shall supersede all other regula

tions made under section 62

of the Enactment, which are hereby repealed.

(2)

He shall have complete discretion as to the num

ber of officers to be provided and may impose such conditions as he may deem necessary.

(3)

Responsibility for loss or damage to property, how

ever caused, during the employment of police for private purposes shall not be assignable to the Government of Brunei, or to the Chief Police Officer.

Schedule

'A'

FORM I

(Regulation 9)

INSPECTORS AGREEMENT FOR POLICE SERVICE

Pursuant to section 9

of the

Police

Force

Enactment

Cap.

50, I,

hereby engage to serve in the Police Force, on the conditions prescribed by the Police Regulations,

1958, as an Inspector on probation or in any rank in the Police Force to which I may be appointed, promoted, or reduced and I agree that

I shall be subject to

(a)

The Police Force Enactment, Cap. 50;

(b)

(c)

The Police Regulations, 1958; and

Any Ord-rs made under

Part VIII

Enactment.

of the

Dated this day oL

195

Signature:

Signature of

Officer Commanding the Police District.

114

FORM II

(Rtgulation 13)

RANK AND FILE AGREEMENT FOR

POLICE

SERVICE

_ ..

do this day eng-age, under the provisions of the Police Force Enactment,

Cap, 50, to serve for years from this date as a

or in any l-ank in the Police Force to which I may be appointed, promoted, or reduced.

Dated this

..day of 195

Sig-nature of

Recruit

SCI-IEDULE

'B'

( Regulations 24 and 25 (3) )

EDUCATIONAl, AND OTHER ALLOWANC:ES

PAYABLE TO THE RANK AND FILE

(a)

EDUCATIONAL ALLO'VANCES-Qualification 2.

An approved Form III Certificate

Junior Cambridge Certifica te or

Sarawak Junior School Certificate or equivalent

::>.

Cambridge

School

Certificate

(Senior Cambridge), or equiva

lent certificate of other Examina

tion Boards

Approved Junior Middle

Certi

ficate of an approved "Chinese"

School..

Approved

Senior

Middle

Certi

ficate of an approved

"Chinese"

School

Scale of Allnwance

Fifteen dollars per mensem.

Twenty dollars per mensern.

Twenty-five dollars per mensern.

Fifteen dollars per mensem.

Twenty-five dollars

IJer mensern.

(1)

None of the above allowances shall be payable to a Sergeant-Major.

(2.i

None of the above allowances shall be part of pensionable emoluments.

(3)

"Approved'

means approved by tile State

Education Officer.

(b)

LANGUAGE ALLOWANCES -

Language

Degree of Proficiency 1.

English.

(a)

To a standard of

English equivalent to a pass Primary 4

(oral)

(b)

To a standard of

English equivalent to a pass Primary 6

(oral)

115

Scale of

Allowance s 5 per mensem

$10 per mensem

( c)

To a standard of

English equivalent to a Junior

Cam-bridge

Certificate

(Lower

Stanclard)

$15 per mensem

( d)

To a standard of

English equivalent to a Junior Cam

bridge Certificate

(Certificate

Standard)

$20 per mensem

(e)

To a standard of

English equivalent to a

Cambridge

School Certificate or equivalent

Examinations Board Certificate

$25 per mensem

This English language allowance should not be payable to those in receipt of educational allowances

Linder

(a)

2, and

(a)

3, above.

Chinese National Language.

(a)

To a standard of

Chin-ese equivalent to an approved

Junior

Midclle

Certificate or

Fifteen dollars per rnensem.

a Pass in Chinese language in

Cambridge School Certificate.

(b)

To a standard of

Chinese equivalent to an approved

Senior

. Middle

Certifica toe

Twenty dollars pel' mensem.

NO'fE:

(1)

This

Chinese language allowance should not be payable to those in rec-eipt of educa

tional allowances under (a)

4 and (a)

5, above.

(2)

"approved"

means approved by the State

Education Officer.

Malay.

Higher standard Ja\vi, as prescribed by

Governm-ent

General

Orders.

Ten dollars per mensem.

The prior approval of the Chief Police Officer is necessary before any member of the rank and file can become eligible to qualify for any of the above allowances, which approval shall be withheld in the case of an application to qualify in respect of a language or dialect con

sidered by the Chief Police Officer to be the applicant's own language or dialect.

116

Chinese.

Dialects

Degree of

Proficiency

In all dialects, such degree of proficiency as the

Chief

Police

Officer may approv'e, a.

Hokkien or Teo-chew b.

Shanghai or Mandarin c.

Cantonese or Hakka d.

Hylam e.

Henghua or Foochow

(HokchiLl)

Scale of

Allowance

For one dialect

( a)

in the case of Chinese non-corn

missioned officer or constable

f i v e dollars per men

sem;

(b)

in all other cases

ten dollars per men

sern.

No allowance shall be payable to any non-cornmis

sioned officer or constable in respect of more than three of the above dialects.

Hokkien speaking non-commissioned officer or constable shall be eligible for any allowance in respect of

Teochew dialect, nor sh811

a Teochew speaking non-corn

missioned officer or constable be eligible for any allowance in respect of Hokkien dialect,

Cantonese speaking non-commissioned officer or constable shall be eligible for any allowance in respect of

Hakka dialect, nor shall a Hakka speaking non-commission

ed officer or constable be eligible for any allowance in respect of Cantonese dialect.

No Henghua speaking non-commissioned officer or constable shall be eligible for any allowance in respect of

Foochow (Hokchiu) dialect, nor shall a Foochow (Hokchiu)

speaking non-commissioned officer or constable be eligible for any allowance in respect, of Henghua dialect.

No Shanghai speaking non-commissioned officer or constable shall be eligible for any allowance in respect of

Mandarin dialect, nor shall a

Mandarin speaking non

commissioned officer or constable be eligible for any allow

ance in respect of Shanghai dialect,

Every holder of any of the above allowances may be examined from time to time, on the direction of the

Chief Police Officer, in

<'ny dialect in respect of which he draws an allowance;

and on failure to attain such degree of proficiency as the Chief Police Officer may approve, tile allowance payable to him shall thereupon determine.

117

Narne of Allowance

Motor Vehicle 2.

Drivers 3.

Motor Cyclist

Outboard Engine 4.

Drivers

Assistant 5.

Armourers 6.

Radio Operators 7.

Detectives

Detective

Plain Clothes

Schedule

'C'

(Regu'lation 26)

Qualification for

Allowance

Amount of

Allowance per mensem

Certificate of profi

ciency approved by

Chief

Police Officer.

Ten dollars

Certificate of profi-cIency approved by

Chief

Police Officer.

Five dollars

Certificate of profi-Clency approved by

Chief

Police Officer.

Five dollars

Certificate of profi-Clency approved by

Chief

Police Officer.

Five dollars

Certificate of profi-ciency from the Con-troller of

Telecom

munications.

Ten dollars

(a)

Constables secon-ded from the uniform branch for more than one month and detective-recruits and detective

constables;

(b)

Non-commision

ed officers secon-ded from the uni-form branch for more than one month and de

tective-non-com-missioned officers.

Ten dollars

(a)

Constables sec

onded from the uniform branch for more than one month.

Five dollars

Seven dollars and fifty cents

(b)

Non-commission

ed officers secon

ded from the uni

form branch for more than one month.

Seven dollars

( c)

Members of the

Inspectorate sec

onded from the uniform branch.

Nine dollars 118

8. Bandsmen

Band Sergeant-Major

Bandsmen-1st Class

Bandsmen-2nd Class

Bandsmen-3rd Class

Twenty dollars

Fifteen dollars

Ten dollars

CONDITIONS:

( 1)

With rhe exception of detectives and detectives plain clothes allowances

(Nos.

only one of the above allowances may be drawn at anyone time, and then only for the l:eriod during which the non-commissioned officer or constable concerned is certified by his superior officer to be engaged en duties to which the allowance applies.

(2)

Whenever any non-commissioned officer or con

stable has qualified for, and is competent to draw t\VO or more of the above allowances, he shall be eligible to receive only the higher of such allowances or, where each allowance is at the same rate, then only one such allowance.

(3)

None of the above allowances shall be part of pen

sionable emoluments.

SCHEDULE '0'

(Regulation 27)

ADDITIONAL

INCREMENTS

CONSTABLES

ONLY

Constables wi th 15 years' service

Five dollars per mensern,

Constables with 20 years' service

Ten dollars per mensem.

Schedule

'E'

(Regulation 28)

AWARD ALLOWANCES

Column I

King's Police Meclal for Gallantry

Column II

Twenty dollars per mensem

Ten dollars per mensem

Seven dollars per mensem

Four dollars

George Medal

Colonial Police Medal for Gallantry

Colonial Police Long Service Medal per mensern

None of the above allowances shall be part of pen

sionabl-emoluments.

Made this 3rd day of July, 1958.

J. O. GILBERT,

British. Resident,

Brunei.