Section 12
Possession of unexplained property
of Prevention of Corruption Act
(1)
Any person who, being or having been a public officer —
(a)
maintains a standard of living above that which is commensurate with his present or past emoluments; or
(b)
is in control of pecuniary resources or property disproportionate to his present or past emoluments, unless he gives a satisfactory explanation to the court as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control, is guilty of an offence and liable on conviction to a fine of $30,000 and imprisonment for 7 years.
(2)
In addition to any penalty imposed under subsection (1), the court may order a person convicted of an offence under subsection (1) to pay to the Government —
(a)
a sum not exceeding the amount of the pecuniary resources;
or
(b)
a sum not exceeding the value of the property, the acquisition of which by him was not explained to the satisfaction of the court and any such sum ordered to be paid shall be recoverable as a fine.
(3)
Where a court is satisfied in proceedings for an offence under subsection (1) that, having regard to the closeness of his relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or acquired such pecuniary resources or property as a gift, or loan without adequate consideration from the accused, such pecuniary resources or property shall, until the contrary is proved, be deemed to have been under the control or in the possession of the accused.
Prevention of Corruption 16
(4)
In any proceedings against a person for an offence under subsection (1), a certificate purporting —
(a)
to certify —
(i)
the rate of, and the total amount of, emoluments and the allowances other than such emoluments paid to any public officer in the permanent or temporary employment of the Government of Brunei Darussalam in relation to the discharge by him of his duties as a public officer;
(ii)
that any person was or was not serving at any specified time during any specified period as a public officer in the permanent or temporary employment of the
Government of Brunei Darussalam or ceased to be such officer at or before any specified time;
(iii)
that a public officer held or did not hold at any specified time any specified office in the Government of Brunei Darussalam; and
(b)
to be signed by the Minister, shall be admitted in such proceedings by any court on its production without further proof.
(5)
On production of a certificate under subsection (4), the court before which it is produced shall, until the contrary is proved, presume that —
(a)
the facts stated therein are true; and
(b)
the certificate was signed by the Minister.
(6)
In this section —
“emoluments” includes a pension or gratuity payable under the
Pensions Act (Chapter 38);
“public officer” includes a member of the Royal Brunei Police
Force, the Royal Brunei Armed Forces and any armed forces of
Brunei Darussalam and includes a person who was a public officer
Prevention of Corruption
B.L.R.O. 1/2019 17
or who has retired as a public officer immediately before the commencement of this Act.
Public officer using public funds for private purposes, giving undue preferential treatment, misusing information etc. [S 48/2015]