Section 10
Offence of conveyance of smuggled persons
of Prevention of People Smuggling Act
Any person being the owner, operator or master of any conveyance who engages in the conveyance of smuggled persons is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.
Obligation of owner etc. of conveyance conveyance commercial ny person being the owner, operator or master of any that engages in the conveyance of goods or people for gain shall ensure that every person travelling on board is in possession of travel documents for the lawful entry of that person into the receiving country or transit country, and if not, shall refuse to convey such person.
(2)
Any person who contravenes subsection (1) is guilty of an offence and liable on conviction to a fine not exceeding $50,000, imprisonment for a term not exceeding 10 years or both.
(3)
In any proceeding for an offence under this section, it shall be a defence for such owner, operator or master to prove that -
(a)
he has reasonable grounds to believe that the travel documents of the person referred to in subsection (1) are travel documents required for lawful entry of that person into the receiving country or transit country;
(b)
the person referred to in subsection (1) possessed travel documents required for lawfUl entry to the receiving country or transit country when that person boarded, or last boarded, the conveyance to travel to the receiving country or transit country; or -
-- -
(c)
the entry of the person referred to in subsection (1) into the a receiving country or transit country occurred only because of illness or injury to that person, stress of weather or any other circumstances beyond the control of such owner, operator or master.
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Prevention of People Smuggling
(4)
Any person convicted of an offence under this section is liable to pay the costs of the smuggled person's detention in, and removal from, the receiving country or transit country.
(5)
Where there is no prosecution or conviction under this section, the owner, operator or master of the conveyance used shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the smuggled person and his removal from
Brunei Darussalam and such expenses shall be recoverable as a debt due to the Government.