Section 50
Power to examine etc.
(1)
An authorised officer may, for the purpose of investigating an offence under this Act or any regulations made thereunder, do all or any of the following —
(a)
require any person whom the authorised officer reasonably believes to have committed that offence to furnish evidence of that person’s identity;
(b)
require, by written notice, any person within the limits of
Brunei Darussalam, who appears to be acquainted with the facts or circumstances of the matter to attend before the authorised officer;
(c)
examine orally any person who appears to be acquainted with the facts or circumstances of the matter —
(i)
whether before or after that person or anyone else is charged with an offence in connection with the matter;
or
(ii)
whether or not that person is to be called as a witness in any inquiry, trial or other proceedings in connection with the matter.
(2)
A person examined under subsection (1)(c) is bound to state truly what the person knows of the facts and circumstances of the matter, except that the person need not say anything that might expose the person to a criminal charge or punishment.
(3)
A statement made by a person examined under subsection (1)(c)
shall —
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(a)
be reduced to writing;
(b)
be read over to the person;
(c)
if the person does not understand English, be interpreted to the person in a language that the person understands; and
(d)
after correction (if necessary), be signed by the person.
(4)
Any person who —
(a)
fails, without reasonable excuse, to furnish the information required of that person under subsection (1)(a);
(b)
fails, without reasonable excuse, to comply with a notice issued to that person under subsection (1)(b); or
(c)
furnishes any information or makes any statement under this section which the person knows to be false or misleading in any material particular, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 12 months or both.
Powers of arrest and search in respect of seizable offences 51.
(1)
Any authorised officer or any police officer may arrest without warrant —
(a)
any person found committing or attempting to commit or employing or aiding any person to commit a seizable offence under this Act; or
(b)
any person against whom a reasonable suspicion exists that he has been guilty of a seizable offence under this Act, and may search any person so arrested, except that no female shall be searched except by a female.
(2)
Every person so arrested shall, together with any article as to which an offence may have been committed or attempted to be committed, be taken to a police station.
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(3)
For the purposes of this section, offences punishable under sections 29, 32, 35(1) and 36 to 40 are deemed to be seizable offences within the meaning of the Criminal Procedure Code (Chapter 7).
Powers of search and arrest in respect of offences under section 34 52.
(1)
Whenever it appears to any police officer or authorised officer that an offence under section 34 is being committed or is about to be committed or attempted or whenever it appears that any article is concealed or deposited or contained in or on any vessel, aircraft or vehicle or premises in contravention of those sections, the police officer or authorised officer of the
Authority may, if he has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the article is likely to be removed —
(a)
stop and examine the vessel, aircraft or vehicle or enter the premises and there search for and take possession of any article and of any book or document which is reasonably believed to have a bearing on the case; and
(b)
arrest any person being in the vessel, aircraft or vehicle or premises in whose possession the article may be found or whom the police officer or the officer of the Authority may reasonably suspect to have concealed or deposited the article and may search any person so arrested, except that no female shall be searched except by a female.
(2)
Every person so arrested shall, together with any such article, be taken to a police station.
(3)
In this section, “document” has the same meaning as in section 49(10).
Disposal of postal articles relating to offences under section 34 53.
Where any postal article connected with an offence under section 34 is seized under section 52 or any other written law, the Authority may at any time, whether on the conclusion of its investigation or otherwise, take such action as it deems appropriate to deliver any such postal article to its intended addressee or return it to its sender.
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Obstruction of police officer or officer of Authority 54.
Any person who intentionally obstructs a police officer or any officer of the Authority authorised to act for the Authority in the execution of his duty under section 52 is guilty of an offence.
No costs or damages or other relief arising from seizure to be recoverable unless seizure without reasonable or probable cause 55.
(1)
No person shall, in any proceedings before any court in respect of any equipment, article, book or document seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of the proceedings or to any damages or other relief other than an order for the return of the equipment, article, book or document or the payment of their value unless the seizure was made without reasonable or probable cause.
(2)
In this section, “document” has the same meaning as in section 49(10).
Composition of offences 56.
(1)
An officer or employee of the Authority specially authorised by name in that behalf by the Authority may, in his discretion, compound any offence under this Act which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding —
(a)
$1,000; or
(b)
half the maximum fine prescribed for that offence, whichever is the lower.
(2)
On payment of such sum of money, no further proceedings shall be taken against that person in respect of the offence.
(3)
The Minister may, with the consent of His Majesty the Sultan and
Yang Di-Pertuan, make regulations prescribing the offences which may be compounded.
(4)
All sums collected under this section shall be paid to the
Authority.
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General penalties 57.
Any person guilty of an offence against this Act or any regulations made thereunder for which no penalty is expressly provided shall, in addition to the forfeiture of any article seized, be liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 3 years or both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.
Saving of prosecutions under other written laws 58.
(1)
Nothing in this Act shall prevent any person from being prosecuted under any other written law for any act or omission which constitutes an offence under this Act or any regulations made thereunder, or from being liable under that other written law to any punishment or penalty higher or other than that provided by this Act or the regulations.
(2)
No person shall be punished twice for the same offence.
Jurisdiction of Court 59.
A Court of a Magistrate shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Chapter 7), shall have power to impose the full penalty or punishment in respect of any offence under this Act.
Offences by bodies of persons 60.
Where an offence against this Act or any regulations made thereunder has been committed by a company, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the company, firm, society or other body of persons or was purporting to act in such capacity shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly unless he proves that —
(a)
the offence was committed without his consent or connivance; and
(b)
he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
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