Section 2
Interpretation
of Prevention of Corruption Act
In this Act, unless the context otherwise requires —
“agent” means any person employed by or acting for another, and includes a trustee, administrator and executor, and a person serving under any public body, and for the purposes of section 26 includes a sub-contractor and any person employed by or acting for such sub-contractor;
“Bureau” means the Anti-Corruption Bureau;
“Director” means the Director of the Anti-Corruption Bureau;
“gratification” includes —
(a)
money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable;
(b)
any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity;
(c)
any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part;
(d)
any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
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(e)
any forbearance to demand any money or money’s worth or valuable thing;
(f)
any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph;
(g)
any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
(h)
any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
“Officer of the Bureau” means any person appointed by
His Majesty the Sultan and Yang Di-Pertuan under section 3(3)
and includes the Director, Deputy Director, Assistant Director, a
Chief Special Investigator, Senior Special Investigator and Special
Investigator;
“prescribed offence” means an offence punishable under section 161, 162, 163, 164, 165, 213, 214 or 215 of the
Penal Code (Chapter 22) or section 145 of the Customs Order,
2006 (S 39/2006) and includes —
(a)
an attempt to commit any such offence;
(b)
an abetment of or a criminal conspiracy to commit (as those terms are defined in the Penal Code (Chapter 22)) any such offence, whether or not the offence is committed in consequence thereof;
“principal” includes any employer, any beneficiary under a trust, and any trust estate (as though it were a person), any person beneficially interested in the estate of a deceased person (as though it were a person) and, in the case of any person serving under a public body, the public body;
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B.L.R.O. 1/2019 9
“public body” includes —
(a)
the Government of Brunei Darussalam;
(b)
any department, or service or undertaking of the
Government of Brunei Darussalam;
(c)
any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Brunei Darussalam or any part thereof relating to local Government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to the Government or money raised by rates, taxes or charges in pursuance of any written law in force in Brunei
Darussalam;
(d)
any board, commissioners, committee or other body specified in the Schedule;
(e)
any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c) or (d), has controlling power or interest.
[S 48/2015]
“public officer” includes any person in the permanent or temporary employment of a public body.