Quarantine and Prevention of Disease Act

any person arriving in the waters of

Brunei Darussalam in a ship, with the intention of landing in Brunei Darussalam;

any person arriving at any local area in

Brunei Darussalam;

if the health officer or port health officer so directs, any person who arrives from an infected or suspected local area;

“infected” means affected with an infectious dis-ease;

“infected local area” means any local area which has been declared by public notification to be an infected local area from the date of such declaration until the date of the withdrawal of such public declaration or until the date it is declared to be a suspected local area;

“infectious disease” means anthrax, cerebrospinal fever, chickenpox, cholera, diphtheria, enteric fever, erysipelas, leprosy, plague, puerperal fever, scarlet fever, smallpox, tuberculosis, typhus, yellow fever and any other disease that the Minister, by notifica-tion in the Gazette, declares to be included within the expression;

[S 11/87]

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“local area” means any territory or territorial division the limits of which are capable of accurate definition;

“local authority” means in the case of a town area the Municipal Board and in all other cases the

Minister or any person authorised by him in writing to act as his deputy;

“litter” means straw or other substance commonly used for bedding or otherwise for or about animals;

“master” means the master, officer or other person for the time being in charge of any ship;

“observation” means the isolation of a person at a quarantine station or at such other place as the health officer or port health officer may direct, before such person receives free pratique;

“parent” includes the father and mother of a legitimate child and the mother of an illegitimate child;

“pilgrim” means a Muslim passenger of any age or of either sex, journeying or about to journey from any port in Brunei Darussalam to any port in the Red

Sea, or in the Gulf of Aden or in the Arabian Sea, except ports in India, with a view to the pilgrimage to the Hedjaz, or returning from such journey;

“port” means any town built by the sea or having water access to the sea, and includes any district surrounding such town;

“port health officer” means any person so appointed by His Majesty the Sultan and Yang Di-Pertuan, either by name or office, and includes all his deputies or assistants;

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“pratique” means, in the case of a ship, the permis-sion or licence granted to that ship to hold inter-course with a port; and, in the case of a person, the permission or licence granted to that person confer-ring upon him freedom from observation;

“prescribed case” means —

a case of a dangerous infectious disease originating in a quarantine station or a close public institution;

an imported case which has been immediately isolated in a quarantine station; or

a case occurring in a new arrival during the period of his quarantine surveillance;

“quarantine” means the compulsory detention in iso-lation for the purpose and under the provisions of this Act or of the regulations made thereunder of any ship, person, animal or thing, so that there shall be no communication or traffic with any other ship, person, animal or thing, or with any building or place except in accordance with this Act or the regu-lations made thereunder;

“quarantine anchorage” includes any anchorage or moorings or landing place for a ship;

“quarantine station” means any island, building or place where quarantine is carried out, and includes an examination station, a hulk and an infectious dis-eases hospital;

“rat” means any rodent and includes any animal or insect known to be a means of spreading plague;

“ship” includes any vessel or craft which may be used in navigation by water;

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“surveillance” means that persons are not isolated, that they receive free pratique immediately, but the authorities at the several places whither they are bound are informed of their coming, and they are subjected to a medical examination with a view to ascertaining their state of health;

“suspected local area” means any local area which has been by notification published in the Gazette to be a suspected local area from the date of such dec-laration until the date of the withdrawal of such dec-laration;

“veterinary officer” means a Government veterinary surgeon, or an officer appointed by office or name to be a veterinary officer or deputy veterinary officer for the purpose of this Act.

The officer in charge of the police station or penghulu receiving such information shall with the least practicable delay, communicate the same to the health officer.

Particulars of the information.

The information above required shall include the name, residence, sex and occupation of the sufferer or dead person, the nature of the disease and the date of onset thereof, and any other matter necessary for ascertaining the source and origin of such disease so far as such information is within the knowledge of the informant.

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Every police officer or penghulu becoming aware of the occurrence of any infectious disease or suspected infectious disease shall immediately give information regarding such disease to the health officer and to the officer in charge of the nearest police station.

Medical practitioners to give notice.

Any medical practitioner who treats or becomes cognisant of the existence of any infectious disease or suspected infectious disease, the existence of which has not already been reported by a medical practitioner, in any private or public dwelling or any place in the district other than a Government hospital shall give notice of the same in writing to the health officer of the district with the least practicable delay.

Every notice given under subsection (5) shall be in the form in the First Schedule and shall contain the particulars therein set out.

Whenever the notice refers to a dangerous infectious disease, the health officer shall immediately notify the

Director of Medical Services or an officer appointed by him in writing.

Notice in case of death.

A medical practitioner shall notify to the health officer the death of any person suffering from infectious disease or suspected infectious disease on whom he has been in attendance at the time of the death.

Penalty for neglecting to give information with the least practicable delay.

Any person who is required under this section to give information of any infectious disease or suspected infectious disease or any death from any infectious or suspected infectious disease, neglecting without reasonable excuse, proof of which shall lie on him, to give such information with the least practicable delay, shall be guilty of an offence: Penalty, a fine of

$200, and for a second or subsequent offence a fine of $400 and imprisonment for 3 months.

Penalty for refusing to give information or for giving false information.

Any person who knowingly omits or refuses to give any information which he is required to give under this section, or furnishes as true information which he knows or has reason to believe to be false, shall be guilty of an offence: Penalty, a fine

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of $500, and in the case of any medical practitioner a fine of

$1,000.

Presumption.

When any person is charged with neglecting to give information of any infectious disease or suspected infectious disease or any death from any infectious or suspected infectious disease, he shall be presumed to have known of the existence of such disease, unless he shows to the satisfaction of the court before which he is charged that he had no such knowledge and could not with reasonable diligence have obtained such knowledge.

Notice of recovery to health officer.

When any medical practitioner in attendance on any person suffering from infectious disease is satisfied that such person has so far recovered as, in the opinion of such medical practitioner, to be no longer a source of infection to others, such medical practitioner shall notify the same in writing to the health officer.

use all means to prevent the spread of plague by rats or fleas;

keep itself regularly informed of the condition of rats and fleas in its ports, as regards plague infection, by frequent and systematic examinations;

carry out systematically the bacteriological examination of rats and fleas in every plague-infected area, during a period of not less than 6 months from the discovery of a plague-infected rat or flea.

The methods and results of such examinations shall be communicated to the Director of Medical Services once in every month:

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Provided that on the discovery of a plague-infected rat or flea such communication shall be made immediately by the most rapid method.

Health officer to have power of entry for purpose of preventing spread of disease.

The health officer may examine any person found in such place with a view to ascertaining whether such person is suffering or has recently suffered from any infectious disease.

Provision for conveyance of patients.

For carrying out the provisions of this Act and the regulations made thereunder, the health officer may requisition any motor or other vehicle.

The owner of any vehicle so requisitioned shall not be entitled to claim more than a reasonable sum for the use and detention of such vehicle.

Health officer may order removal of patients to hospital.

Any such person removed to such hospital or place shall be detained therein until discharged by the medical or health officer in charge thereof.

Any place which in the opinion of the health officer is suitable and required for the purpose of isolating and treating persons who are suffering from, or are suspected to be suffering from, infectious disease, or are contacts, and of detaining such person until they have been certified free from such disease, may, with the written approval of the Minister, be entered upon and occupied, if untenanted, without notice, and, if tenanted after written notice has been posted in a conspicuous position in such place.

The owner or person entitled to the use of such place shall not be entitled to claim more than a reasonable sum as rent for the occupation of such place.

The health officer, immediately upon vacating such place, shall, at the cost of the local authority, thoroughly cleanse and disinfect and, if necessary, whitewash such place.

Attendance in his own dwelling-place of person suffering from infectious disease.

Every such order shall be in writing and signed by the health officer.

A copy of such order shall forthwith be posted up in a conspicuous position on or near the patient’s dwelling-place, and a copy shall also be sent to the nearest police station.

After the posting up of any such order and so long as the same remains in force no person, except the medical attendant of the patient and the health officer or any person authorised by the health officer in that behalf, shall enter or leave the isolated dwelling-place or remove any furniture, bedding, clothing or other articles therefrom.

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Any person may approach the isolated dwelling-place for the purpose of delivering food or medicine to the persons confined therein or of removing their excreta, but may not enter such dwelling-place.

The health officer may in his discretion disinfect any person, furniture, bedding, clothing or other articles in the isolated dwelling-place and may thereupon permit such person or thing to leave or be removed from the dwelling-place.

When satisfied that the need for isolation no longer exists the health officer shall remove the order posted up as aforesaid and thereupon such order shall be deemed to be cancelled.

Notice of such cancellation shall be sent to the nearest police station.

Police assistance.

Upon receipt of the order mentioned in subsection

the officer in charge of the police station shall send as many constables as are necessary to the isolated dwelling-place and such constables shall enforce the isolation of the dwelling-place and repel any attempt by the persons confined therein to breakout therefrom or by any others to enter therein.

Upon the receipt at the police station of the notice mentioned in subsection (8) the constables shall be removed from the dwelling-place.

Power to close and disinfect buildings, and to isolate and detain inmates or subject to surveillance.

such house or building or part thereof shall be temporarily closed for such time as is necessary to secure its thorough disinfection and deratting, and the

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disinfection or destruction of all infected articles contained therein;

all or any of the inmates, not being themselves sick, shall be isolated to the satisfaction of the health officer or removed to a Government or local authority quarantine station and detained there for such period as is necessary to ensure that such inmates are themselves free from disease; or

all or any of such inmates, who enter into a written undertaking according to the form in the Second

Schedule to present themselves daily for examination and who deposit, if required to do so, such sum of money as is fixed by the health officer, shall present themselves daily to the health officer or to a medical practitioner appointed by the health officer for examination for such period and at such place and time as the health officer or the medical practitioner appoints. Such health officer or medical practitioner is the examining officer mentioned in the Second Schedule.

It shall be lawful for a health officer to order any person brought into contact with a person suffering or suspected to be suffering from an infectious disease to undergo surveillance until he may be discharged without danger to the public and every person authorised by the health officer to carry out such order may use such force as is necessary to compel obedience to such order. Any person who is to undergo surveillance shall be required to give the undertaking according to the Form in the Second Schedule.

For the enforcement of any order made under this section the health officer may cause any person to be forcibly removed from any building and may cause any building or enclosure to be forcibly broken open and any articles found therein to be disinfected or destroyed. The health officer may, subject to the sanction of the local authority, give compensation out of the funds of the local authority for the articles destroyed

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where in his opinion the owners thereof are unable through poverty to bear the loss.

Infected buildings.

Any person who, having been authorised to be detained under any of the provisions of this Act or of the regulations made thereunder, escapes or attempts to escape from the hospital reception place, isolated house or quarantine station in which he has been detained, shall be guilty of an offence:

Penalty, a fine of $500.

Penalty for not submitting to examination.

Any person who, being subjected to medical surveillance under the provisions of this Act or of the regulations made thereunder fails to present himself for examination, may be arrested without warrant, isolated to the satisfaction of the health officer, and shall be guilty of an offence: Penalty, a fine of $500.

In addition to the punishment prescribed by subsection (3) any sum deposited shall be forfeited.

Abatement of over-crowding.

If such direction is not obeyed, such health officer may order such building to be closed.

When a house or building has been closed under subsection (2) of this section or under paragraph (a) of section 9

, no person shall enter such house or building without the written permission of a health officer.

Burial of bodies of persons dying in hospital of quarantine station of infectious disease.

The body when taken out from such hospital, place or station shall be forthwith taken direct to the place where it is to be buried or burnt and there buried or burnt.

Any person who wilfully offends against this section shall be guilty of an offence: Penalty, a fine of $200.

Nothing in this section shall prevent the removal of a dead body from a hospital, reception place, or quarantine station to a mortuary, and such mortuary shall for the purposes of this section be deemed part of such hospital, place or station.

Post mortem examination in cases where infectious disease is suspected.

Any person who obstructs the removal of such body for such purpose shall be guilty of an offence: Penalty, a fine of

$200.

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Penalty on allowing body of person who has died of infectious disease to remain unburied for more than 24

hours.

Such permission shall be in writing and shall contain such conditions as the health officer considers necessary to prevent the spread of the infectious disease.

Every person employed in the disposal of the dead body of a person who has died from an infectious disease shall be disinfected, and shall have his clothing disinfected to the satisfaction of the health officer or port health officer, and, if the health officer or port health officer so directs shall be protected by vaccination against such infectious disease.

If the health officer is of opinion that the cleansing or disinfecting or deratting of a building or of a part of a building or of any articles therein likely to retain infection would tend to prevent or check the spread of any infectious disease or tuberculosis, he may, by notice in writing, require the owner or occupier to cleanse or disinfect or derat the same in manner therein specified.

The health officer if in his opinion it is necessary as a precaution against the introduction or spread of an infectious disease that any well should be filled up; cleaned, disinfected or protected, may by notice in writing require the owner or occupier of the place wherein such well is situated to fill up, cleanse, disinfect or protect such well within a reasonable time to be specified in such notice.

The health officer if in his opinion it is necessary as a precaution against the introduction or spread of an infectious disease that any latrine, dustbin, dumping ground or any other place should be cleaned, disinfected or deratted may by notice in writing require the owner or lessee of such latrine, dustbin, dumping ground or other place to clean, disinfect or derat it within a reasonable time to be specified in such notice.

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Any such owner or occupier who fails within the time specified in such notice to comply with the same shall be guilty of an offence: Penalty, a fine of $100 and a further fine of

$20 for every day of continuing default.

When in the opinion of the health officer the owner or occupier is from poverty or otherwise unable effectually to carry out the said requirements the health officer may carry out any of the said requirements at the expense of the local authority.

After the removal from any place of any person suffering from an infectious disease, such place shall be disinfected as the health officer directs, and may be closed for such period as the health officer directs except to persons authorised by the health officer in writing.

Place of disinfection may be provided.

The health officer may direct the disinfection, disinsectisation or destruction of bedding, clothing or other articles likely to retain infection, and may, subject to the sanction of the local authority, give compensation out of the funds of the local authority for the articles destroyed where in his opinion the owners thereof are unable through poverty to bear the loss.

Infected houses may be destroyed.

The local authority may, if the health officer certifies in writing that any building is infected, and is of such construction or material as to be incapable of disinfection except by destruction, destroy such building, but such local authority shall pay the owner of the building compensation for the destruction.

Offences and penalties.

while suffering from any infectious disease, wilfully quits, without the written consent of the health officer, any premises in which he is and enters any other premises or causes himself to be taken from any premises in which he is to any premises;

without the written consent of the health officer, knowingly removes or aids in removing any person whilst suffering from any infectious disease from the premises in which such person is to any other premises;

while suffering from any infectious disease, wilfully exposes himself in any street, public place, shop, inn, theatre, hotel, church, mosque, temple, or any other place used in common by persons other than members of the family or household to which such infected person belongs;

being in charge of any person so suffering, so exposes such sufferer; or

knowingly gives, lends, sells, pawns, transmits, removes or exposes or permits to be washed or exposed in any wash-house or public place, which is used in common by persons other than the family or household to which the infected person belongs, without previous disinfection to the satisfaction of the health officer, any bedding, clothing or other articles which have been exposed to infection from any such disease, shall be guilty of an offence: Penalty, a fine of $400.

Proceedings under this section shall not be taken against persons transmitting with proper precautions any bedding, clothing or other articles for the purpose of having the same disinfected, or escorting to hospital persons suffering from infectious disease.

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Apprehension of persons suffering from infectious disease.

Any teacher or person in charge of any school who knowingly permits any child to attend such school in contravention of this section shall be guilty of an offence:

Penalty, a fine of $50.

Any person, who knowingly casts or causes or permits to be cast into any drain, ditch, water channel, street or open space or otherwise exposes any matter or article infected or which may have been infected by infectious disease, shall be guilty of an offence: Penalty, a fine of $100.

The local authority shall cause its officers to serve notices of the provision of this section on the occupier of any house or part of a house in which it is aware that there is a person suffering from an infectious disease.

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Prohibition of the conveyance of persons suffering from infectious disease or corpses of persons who have died from such disease.

No person suffering from any such disease shall enter any public conveyance.

Any person who contravenes subsection (1) or (2)

shall be guilty of an offence: Penalty, a fine of $200.

If any person so suffering, or any such corpse, is conveyed in any public or private conveyance, the owner or person in charge thereof so soon at it comes to his knowledge shall give notice to the health officer, and if he fails so to do he shall be guilty of an offence: Penalty, a fine not exceeding $100, and such owner or person in charge shall be entitled to recover in a summary manner before a Court of a Magistrate from the person so conveyed by him, or from the person causing that person or corpse to be so conveyed, a sum sufficient to cover any loss and expense incurred by him in connection with the disinfection of the conveyance.

The health officer when so notified by such owner or person in charge shall provide for the disinfection of such conveyance and may do so free of charge.

Nothing in this section shall prevent the removal by an ambulance or other proper vehicle provided by the local authority of persons suffering from infectious disease or the bodies of those who have died whilst suffering from such disease.

Letting infected houses.

For the purpose of this section a hotel, boarding-house or lodging-house keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel, boarding-house or lodging-house.

Duty of person letting house lately infected.

fails to have such house or building or part of a house or building and all articles therein liable to retain infection disinfected to the satisfaction of the health officer, as testified by a certificate signed by him, or to have such articles destroyed;

fails to give to the owner or occupier of such house or building, or part of a house or building, notice of the previous existence of such disease; or

on being questioned by the owner or occupier of or any person negotiating for the hire of such house or building or part of a house or building as to the fact of there having within 6 weeks previously been therein any person suffering from any infectious disease, knowingly makes a false statement to such question, shall be guilty of an offence: Penalty, a fine of $400.

The local authority shall cause its officers to serve notice of the provisions of this section on the occupier of any house or part of a house in which it is aware that there is a person suffering from an infectious disease.

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The local authority may require the dairyman not to supply milk, and may order the removal of all milch cows or buffaloes from such premises to a Government or municipal quarantine station for animals for such period as the health officer considers necessary in order to check the spread of such infectious disease.

No order shall be made for removal of any milch cows or buffaloes unless a veterinary officer certifies that such removal is necessary.

Any dairyman aggrieved by any such requisition or order may appeal to the Minister whose decision shall be final, but pending the disposal of any such appeal the order shall remain in force.

Any person who refuses to permit the health officer or veterinary officer to make any examination necessary for the purposes of this section or, after any order has been made under

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this section, supplies milk in contravention of the order, shall be guilty of an offence: Penalty, a fine of $200 and, if the offence continues, a further fine of $100 for every day during which the offence continues.

A dairyman shall not be liable to an action for breach of contract if the breach is due to an order under this section.

When it is certified to the local authority by the health officer or other medical practitioner that an outbreak or spread of infectious disease, in the opinion of the health officer or medical practitioner, attributable to milk supplied by any dairyman, whether wholesale or retail, or to milk supplied by one or other of several such dairymen, whether whole sale or retail —

Any person who wilfully or knowingly omits to furnish such list or to produce and exhibit such accounts, contracts or books shall, for every such offence, be guilty of an offence: Penalty, a fine of $100 and a further fine of $40 for every day during which such omission continues.

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Persons engaged in washing clothes to furnish list of owners of clothes in certain cases.

Any person who wilfully or knowingly omits to furnish such list shall be guilty of an offence: Penalty, a fine of

$100 and a further fine of $20 for every day during which such omission continues.

Infected clothes not to be sent to laundry.

Such measures and any regulations made to give effect thereto shall be published in the Gazette.

Any person residing in such local area shall undergo such medical examination, vaccination, and disinfection as the health officer may direct. The health officer may place any person in such local area under observation in a place decided upon by him or under surveillance as he may think necessary.

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Any person who wilfully neglects or refuses to carry out or obstructs the execution of any regulation or order made under this section shall be guilty of an offence: Penalty, a fine of $1,000.

Persons leaving infected area under-surveillance.

he shall satisfy the health officer as to his name, intended destination and his place of residence thereat, and that such place is conveniently situated for medical supervision;

for the prevention of access by rats or their parasites both to the dock, godown, shophouse or other place, and to such articles stored therein; or

for the deratting or disinfection of the dock, godown, shophouse or other place.

Any person who fails to take such measures shall be guilty of an offence: Penalty, a fine of $200 and a further fine of

$100 for every day during which such failure continues.

Power to order destruction of animal.

appoint the Director of Medical Services to be

Superintendent of Vaccination for Brunei Darussalam with such other Deputy Superintendents and such public vaccinators and subordinate officers as are required for performing the duties prescribed by this Act with such salaries or payments by fees as seem to be required; and

appoint the districts and places within which the several vaccinators and subordinate officers shall carry on their duties; and

make rules and orders for the proper conduct of the duties of the several officers so appointed.

Vaccination by any person other than a public vaccinator or a medical practitioner is prohibited.

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Supply of vaccine virus.

The public vaccinator or medical practitioner to whom the child is brought shall with all reasonable despatch vaccinate it.

Vaccination at the age of 7 years.

In the event of the vaccination being unsuccessful such parent or other person shall, if the public vaccinator or such other person as aforesaid so directs, cause the child to be forthwith again vaccinated and inspected as on the previous occasion.

Certificate of unfitness for vaccination.

The certificate shall remain in force for 2 months and shall be renewable for successive periods of 2 months.

At or before the end of each successive period the parent or such person as aforesaid shall take or cause the child to be taken to the Deputy Superintendent of Vaccination or such other person as aforesaid who shall then examine the child and vaccinate it or give a certificate according to the said Form II.

If the certificate is not under the hand of the Deputy

Superintendent of Vaccination, the person who gives the certificate shall within 7 days after the delivery thereof to the parent of such person as aforesaid transmit a copy of the same by post or otherwise to the Deputy Superintendent.

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Certificate of insuscepti-bility of vaccination.

Searches may be made at all reasonable times in such books, and a copy of any entry in the same shall be given upon demand under the hand of the Registrar of Births and

Deaths or of the Deputy Superintendent, on payment of a fee of

$5.

00.

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Private vaccination.

The parent or person taking any child to a medical practitioner for vaccination shall be subject to the provisions of this Act for vaccination by a public vaccinator as to the time and manner of such vaccination, subsequent inspection and certificates.

Penalty for not vaccinating.

If at the expiration of such time the child has not been so vaccinated or is not shown to be then unfit to be vaccinated, the person so ordered, unless he can show some reasonable ground for his omission to carry the order into effect, shall be guilty of an offence: Penalty, a fine of $100, and for every day he has omitted to carry the order into effect a fine of

$10.

Offences and general penalty.

Upon the occurrence of any outbreak of an infectious disease in any district or local area in Brunei

Darussalam, the Minister may on the recommendation of the

Director of Medical Services declare that an epidemic exists, and may thereupon order that every person in such district or local area who has not had an attack of such infectious disease or has not been protected by recent vaccination shall forthwith be vaccinated and the health officer shall either himself or by some other qualified person perform such vaccination free of charge.

If any person who has been directed or ordered under subsection (1) or (2) to be vaccinated refuses to be vaccinated, the health officer or port health officer may direct that such person shall be removed to a Government or local authority quarantine station and there detained for such person as is necessary to ensure that such person is not infected with an infectious disease.

Any person who, having been directed to be removed to a quarantine station, escapes from such station —

Any person who refuses to be vaccinated as above required, shall be guilty of an offence: Penalty, a fine of $50.

If any case of infectious disease has occurred on any ship during her current voyage or after arrival in the waters of Brunei Darussalam, the port health officer by order on the agents or master of the ship may require the vaccination of so many of the crew and passengers as he deems to have been exposed to infection.

Any member of the crew or any passenger required to be vaccinated under subsection (6), who refuses to be vaccinated, shall not be permitted to land in Brunei Darussalam.

When in the opinion of the health officer, port health officer or of any medical practitioner, who shall certify the same in writing, any person is not in a fit or proper state to be vaccinated or has already suffered from an attack of such infectious disease or has already been protected by recent vaccination no further vaccination shall be compulsory.

The master shall detain on the ship any member of the crew and any passenger who is not permitted to land in

Brunei Darussalam, and may use any means reasonably necessary for that purpose.

Any person landing in Brunei Darussalam, who has refused to submit to vaccination, shall be guilty of an offence:

Penalty, a fine of $1,000, and the master, owners or agents of the ship shall also be guilty of an offence: Penalty, a fine of $1,000.

Vaccination of pilgrims and immigrants.

If the port health officer or health officer so directs, no immigrant or pilgrim from an infected or suspected local area shall be permitted to enter or land in Brunei Darussalam, unless the port health officer or health officer is satisfied that he has

Quarantine and Prevention of Disease 40

been protected by recent vaccination against the infectious disease in respect of which such local area was declared to be infected or suspected at the time of his embarkation.

Whenever the port health officer notifies the agents or master of any ship that he requires immigrants or pilgrims in such ship to be vaccinated, such ship shall anchor at a quarantine anchorage, and the immigrants or pilgrims therein shall not be permitted to land in Brunei Darussalam until they have been vaccinated: provided that, if in the opinion of the port health officer it is not desirable or necessary to vaccinate any of such immigrants or pilgrims, any such immigrants or pilgrims may land without being vaccinated.

The master shall detain on the ship every immigrant or pilgrim until such immigrant or pilgrim has been permitted by the port health officer to land, and may use any means reasonably necessary for that purpose.

Penalties.

Whenever any immigrant or pilgrim enters or lands contrary to this section —

Vaccination under this section shall not be compulsory in any of the following cases —

The Minister may by notification declare an age after which vaccination under this section shall not be compulsory.

Vaccination of pupils attending

Government school.

For the purposes of this section “Government school” includes every school that is maintained in whole or in part out of public or local grants, rates, funds or endowments.

For all the purposes of this section the provisions of this Act relating to certificates of unfitness, insusceptibility and vaccination shall apply.

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Any parent or person having the custody of such pupils, who fails or neglects, after having been served with a notice from the public vaccinator or Deputy Superintendent requiring such pupil to be vaccinated, to cause such pupil to be vaccinated, shall be guilty of an offence: Penalty, a fine of $100, and such pupil shall not be admitted to any Government school until he has been vaccinated.

Prosecutions.

it shall not be necessary to prove that the accused had received any notice of the requirements of this Act;

the production of a certificate according to either Form III or IV in the Third Schedule or the register of vaccinations containing an entry of the successful vaccination of such child shall be a good defence;

the production of a certificate according to

Form II in the Third Schedule shall be a good defence where the time therein specified for postponement of vaccination has not expired before the information is laid.

Prosecutions how instituted.

Every person who is subjected to surveillance or observation shall give facilities for such clinical or bacteriological investigations and shall submit to such medical examination, disinfection, disinsectisation, vaccination or treatment, as is considered necessary by the port health officer or health officer.

Every person arriving or residing in Brunei

Darussalam who is a germ-carrier of an infectious disease may be subjected to any of the measures which may be imposed under the provisions of this Act or regulations made thereunder in respect of any disease of which such person is a germ-carrier.

Declaration of suspected or infected local area.

Such mail-ships as are exempted by the

Minister:

Provided that —

Such mail-ships carry no deck-passengers; and

Ships arriving at a local area in Brunei

Darussalam directly from a previous port of call in

Brunei Darussalam where exemption has been granted by the port health officer in writing in the form in the

Tenth Schedule.

Any master or other person who contravenes the provisions of section 60(1)(a) shall be liable on conviction before a Court of a Magistrate to a fine of $10,000 and imprisonment for one year.

The port health officer shall go on board such ship and put to the master, surgeon, chinchew, supercargo or any other person on board the ship such questions as he deems necessary in order to ascertain the state of health of persons on board, the number of or mortality among the rats on board, the sanitary condition of the ship and cargo and the sanitary conditions of the local area of departure or of intermediate ports

Quarantine and Prevention of Disease 45

touched at, and may require the presence for inspection and examination of all persons on board, and may inspect every part of the ship and shall be entitled to inspect the journal or log book and all ship’s papers.

The port health officer, after making such inquiry, inspection or examination, shall deal with the ship, persons and things on board such ship in the manner provided by this Act and by the regulations made thereunder.

All ships may be visited by port health officer.

prevents or attempts to prevent the port health officer from going on board any ship;

conceals from that officer the true state of the health of the crew or passengers or other persons on board any ship or any increase in the number of or mortality amongst the rats on board;

refuses to answer or gives an untrue answer to any inquiry made by the said officer under this Act;

fails to produce the journal or log and ship’s papers of any ship or any of them on demand to the said officer;

fails to present all persons on board for inspection and examination when required to do so by the said officer; or

Quarantine and Prevention of Disease 46

prevents or attempts to prevent that officer from inspecting any part of the ship, shall be guilty of an offence: Penalty, a fine of $1,000.

Duty of master or surgeon.

which has come from any local area in which at the time of its departure an infectious disease existed;

or

in which a case of infectious disease occurred before its departure from another local area or during the voyage; or

in which a person apparently suffering from an infectious disease is travelling, the master, surgeon, chinchew or supercargo of such ship shall truly declare the same in writing to the pilot or port officer or port health officer who comes alongside or on board such ship.

Such ship shall be anchored at a quarantine anchorage if the pilot or port officer or port health officer shall so direct, and shall remain there until the port health officer has granted pratique in writing in the prescribed form:

Provided that this subsection shall not apply to a mail-ship exempted under section 60(1)(a) to which neither paragraph (b)

nor paragraph (c) of subsection (1) of this section applies.

Precautions against rats.

If a ship has called during the current voyage at a port declared by notification in the Gazette to be infected in respect of plague, such ship shall, if so directed by a port health officer, anchor at a quarantine anchorage during its stay in port

Quarantine and Prevention of Disease 47

or until it has been deratted to the satisfaction of the port health officer.

The master, owner or agent of every ship shall, if so required by the port health officer, remove any partition which is not required for the safety of the ship or for the accommodation of the crew, passengers or cargo but is likely to harbour rats or to prevent the destruction of rats by fumigation.

Unauthorised boarding or disembarking from infected ship or ship coming from infected or suspected local area, while limits, is outside port limits, prohibited.

prevent and if necessary detain any person from disembarking from such ship; and

detain any person from Brunei Darussalam who, without permission from the port health officer, boards such ship; and

deliver any person detained to the port health officer; and

prevent any baggage or cargo from being discharged from such ship; and

prevent any rats from leaving or entering such ship.

Every such ship lying within the waters of Brunei

Darussalam shall show the appropriate signal prescribed by the regulations made under this Act.

No person shall, without the permission of the port health officer, disembark from such ship.

No person shall, without the permission of the port health officer, board such ship or approach within 200 yards

Quarantine and Prevention of Disease 48

thereof for the purpose of communicating with any person thereon.

Any person from Brunei Darussalam boarding such ship, without the permission of the port health officer, shall be subject to the provisions of this Act and the regulations made thereunder as if he were a passenger on such ship and such ship has come within the limits of a port.

The master or any other person who fails to comply with any of the provisions of this section, and any person aiding or abetting such master or other person as aforesaid, shall be liable on conviction before a Court of a Magistrate to a fine of

$1,000, and imprisonment for one year.

Declaration by master, surgeon and chinchew.

Such declaration purporting to be signed by the master, surgeon and chinchew or supercargo shall be deemed to have been so signed.

Any information contained in such declaration, which is subsequently found to be untrue, shall render such master, surgeon and chinchew or supercargo guilty of an offence

: Penalty, a fine of $2,000 each, and imprisonment for 6 months.

Any master, surgeon, chinchew or supercargo who fails to make and sign a declaration as herein required, shall be guilty of an offence: Penalty, a fine of $1,000.

Passenger lists to be delivered to port health officer.

The port health officer also be entitled to inspect the manifest of any ship’s cargo upon the arrival of such ship in waters of Brunei Darussalam.

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Detention of passengers at quarantine station.

If the disease is pulmonary tuberculosis, leprosy, syphilis or trachoma, and the diseased person is not a citizen of

Brunei Darussalam, such person shall, unless specially exempted by the Minister, be returned to his place of origin or embarkation by or at the expense of the agents of the ship by which he arrived in Brunei Darussalam.

Any person refusing prophylactic vaccination against any dangerous infectious disease may be detained for observation by the port health officer for a period not exceeding the quarantine period for such disease.

Power to limit number of persons detained at quarantine station.

No person shall knowingly import into Brunei

Darussalam any living noxious insect, or any living pest, or any living disease germ or microbe or any active bacterial culture without the written permission of a health or port health officer according to the Form in the Fifth Schedule.

Any person who imports anything contrary to this section shall be guilty of an offence: Penalty, a fine of $1,000.

Prohibition of importation and possession of the virus of yellow fever.

Any person who commits a breach of the provisions of this section shall be liable, on conviction before a Court of a

Magistrate to a fine of $10,000 and imprisonment for 2 years.

Examination and seizure of imported goods.

All infected or suspected goods or articles seized under this section shall be dealt with in such manner as the health or port health officer directs, and if found to be infected or to be unfit for human consumption or likely to create a nuisance or likely to be a danger to health may forthwith be destroyed by the written orders of the health or port health officer according to the Form in the Sixth Schedule, a copy of which shall be given to the importers, if known.

Exemption of postal articles.

Parcels conveyed by post shall be subjected to restriction only if their contents include articles to which the restrictions set out in section 76 are applicable.

Ships leaving infected or suspected local area.

When a local area, whether within or without

Brunei Darussalam, has been declared under section 58 by notification in the Gazette to be infected, the port health officer may take or order to be taken the following measures in respect of merchandise or baggage which it is desired to import from

Quarantine and Prevention of Disease 51

such local area without Brunei Darussalam or to export from such local area within Brunei Darussalam —

When the port health officer or health officer has ordered to be taken any of the measures set out in subsection (2), every person who in any way contravenes any order with respect to such merchandise or baggage, and the master or chinchew of any ship, the guard of any railway-train, or the driver of any vehicle, in which such merchandise is imported or exported, and the person importing or exporting such merchandise or baggage, shall be guilty of an offence: Penalty, a fine not exceeding $200, and such merchandise or baggage may be confiscated, disinfected, disinsectised, derrated, treated or destroyed, at the discretion of the port health officer without compensation.

Whenever the port health officer or health officer is empowered by this Act or any regulation made thereunder to disinfect any article, such officer may destroy by fire any clothes or other articles small value, including rags not carried as merchandise in bulk.

The value of all articles so destroyed shall be assessed by such officer and paid as compensation to the owner of such articles by the local authority.

Corpses.

Anyone who commits a breach of this section shall be guilty of an offence: Penalty, a fine of $1,000.

Water boats.

The port health officer may take samples of any water or food intended for human consumption or for sale.

Any owner or boatman who commits a breach of subsection (1) shall be guilty of an offence: Penalty, arrest without warrant and to a fine of $100.

Powers of port health officer in connection with water and food for use in a ship.

that the owner, vendor, carrier, or person in charge or control of such water or food shall forthwith procure an analysis of such water or food to be made to the satisfaction of the port health officer;

that, until the result of such analysis is communicated to the port health officer, such water or food, or water or food from a similar source, shall not be supplied to any ship;

that the portion of any ship which contains or has contained such water or food shall be disinfected to his satisfaction before any other water or food is placed therein.

If the port health officer is not satisfied by the result of the analysis that such water or food is fit for human use or consumption, it shall be lawful for him to order —

Any person aggrieved by an order of the port health officer or health officer under this section may appeal to the

Minister, whose decision shall be final.

Precautions as to water, food or cargo.

If such nuisance is not abated within such time, the master, agent or owner shall be guilty of an offence: Penalty, a fine of $100 and a further fine of $40 for every day of continuing default.

If the port health officer on inspection of any ship within port limits finds any crew’s quarters, living spaces, water tanks, food-lockers, paint-lockers, decks, lavatories, latrines, or bilges to be in a dirty or insanitary state, he may call upon the master of such ship to carry out to his satisfaction such cleansing, disinfection, whitewashing or painting as he directs according to Form II in the Seventh Schedule.

Any master who neglects to comply with such orders within such time as the port health officer directs shall be guilty of an offence: Penalty, a fine of $100 and a further fine of

$40 for every day of continuing default, and the person whose duty it is to grant a port clearance may, on the certificate of the

Quarantine and Prevention of Disease 55

port health officer, withhold a port clearance from such ship, until the health officer’s directions have been complied with.

At the discretion of the port health officer any offensive articles mentioned in this section may be discharged, and the vessel may, at the owner’s or agents’ expense, be disinfected under the supervision of the port health officer.

Any article conveyed from any ship or hulk in quarantine or from any place within a quarantine anchorage or quarantine station, to any place outside such ship, hulk, anchorage, or station shall, before being forwarded to its destination, be disinfected, disinsectised or deratted, if the port health officer so directs.

The port health officer may require any person liable to be quarantined, to be disinfected, together with his clothing and baggage, before being released.

All expenses incurred by the port health officer in carrying out this section shall be recoverable from the owner or agents of the vessel on the certificate of the port health officer.

Examination of persons entering otherwise than by sea from any place where a dangerous infectious disease is declared to exist.

The medical examination shall be conducted at such place as the local authority approves.

All such persons suffering from or being a carrier of or suspected to be suffering from or being a carrier of a dangerous infectious disease shall be removed to hospital and be detained therein until discharged by the medical officer in charge.

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All such persons may be required on passing the frontier or boundary to enter into a written undertaking according to the Form in the Eighth Schedule to present them-selves for surveillance on arrival at their destination and may be required to deposit such sum of money not exceeding $50 as may be fixed by the health officer.

Any person who is unwilling to deposit such sum of money may be detained for observation and may be subjected to disinfection or disinsectisation of himself and his effects and to vaccination.

The period of observation or surveillance reckoned from the day of arrival shall not exceed —

in the case of cholera, 5 days, in the case of plague or yellow fever, 6 days, in the case of pneumonic plague, 7 days, in the case of typhus fever, 12 days, in the case of small-pox, 14 days.

The health officer may, at his discretion, order the disinfection or destruction of the clothes and personal effects of any person entering the district of any local authority from such local area, and the disinfection or disinsectisation and the vaccination of any such person.

The value of such clothes and personal effects as are destroyed shall be assessed by the health officer, and shall be paid out of the funds of the local authority as compensation to the owner thereof.

Any such person who —

Any person who, having been removed to a hospital or isolated under this section, escapes from the hospital or place where he is isolated, may be arrested without warrant by any person, and conveyed to and detained in the hospital or place of isolation, and shall be guilty of an offence: Penalty, a fine of

$500.

Any such person refusing prophylactic vaccination against a dangerous infectious disease may be detained for observation, at such person’s expense, by the health officer for a period which shall not exceed the quarantine period for such dangerous infectious disease.

On arrival at its destination any carriage, vessel, or other craft or vehicle which has conveyed any person referred to in subsection (1) shall be disinfected or deratted, together with its contents, as the health officer may direct.

Duty to report.

Any such person who fails so to report shall be liable to be arrested without a warrant, to be isolated, to be disinfected, both himself and his effects, to be vaccinated, and to be fined $500, and any deposit made by such person may be forfeited.

Order by

Minister.

the Minister may issue an order prohibiting the entrance into

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Brunei Darussalam of immigrants from such local area except under conditions prescribed by him.

Power to order evacuation of infected local area.

It shall not be lawful for any person to reside or to carry on business within any infected area or portion thereof in contravention of an order for evacuation or to enter or be therein, except when passing along a thoroughfare allowed to remain open to the public, without an order in writing to that effect signed by a health officer, and upon such conditions as such health officer may in such order direct.

Any person licensed to sell spirits, wine, samsu, beer or toddy in a store situated in any infected area or portion thereof which is comprised in an order for evacuation shall, if he is a person or one of a class of persons to whom the order applies, be entitled to a transfer of the licence to a store situated in some place approved by the licensing authority to which no order for evacuation extends, and where no higher licence fee is payable, or may be awarded a refund of the whole or any portion of the fee paid for the licence.

Examination of persons arriving in

Brunei

Darussalam otherwise than by sea.

If the disease is pulmonary tuberculosis, leprosy, syphilis or trachoma, and the diseased person is not a native of

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Brunei Darussalam, such person shall, unless specially exempted by the Minister, be returned to his place of origin or departure at his own expense or at the expense of the owners of the conveyance in which he arrived in Brunei Darussalam.

Recovery of cost of things supplied at a quarantine station.

placing vessels arriving at any port of Brunei

Darussalam in quarantine;

prohibiting or regulating the landing of persons from vessels either absolutely or conditionally;

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prohibiting or regulating the entry or landing of animals brought by land, sea or air from any place without or within Brunei Darussalam, and for prohibiting such entry or landing except at specified places;

isolating all cases of disease, whether in persons or animals;

establishing and maintaining quarantine stations for persons and animals, and for regulating the management of the same;

the removal of persons infected with disease to hospitals or other places for medical treatment and for their detention until they can be discharged with safety to the public;

prohibiting or regulating the movement of diseased animals or animals suspected of being diseased and the removal of carcases;

slaughtering with or without compensation, as is deemed expedient, diseased animals or with compensation animals suspected of being diseased or of having been in circumstances in which they were likely to have become infected with disease;

cleansing and disinfecting houses, buildings, rooms and other places which have been occupied by any diseased person or animal or which are otherwise in an insanitary condition;

disinfecting and, if expedient, destroying with or without compensation, as is deemed expedient, furniture, clothing, litter, fodder and other articles which have been in contact with any diseased person or animal or which are reasonably suspected of being a vehicle for spreading disease;

prescribing the measures that shall be taken to prevent the departure of persons infected or suspected to

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be infected with any dangerous infectious disease from any infected local area of Brunei Darussalam;

prohibiting the importation or exportation of merchandise, articles or clothing infected or suspected to be infected either absolutely or conditionally to or from any infected local area of Brunei Darussalam;

prescribing the measures that shall be applied with respect to merchandise, articles or clothing infected or suspected to be infected which are permitted to be imported into or exported from any infected local area of

Brunei Darussalam;

prescribing the measures that shall be applied to ships leaving any infected local area of Brunei

Darussalam;

prescribing the measures to be taken for the prevention of the conveyance of infection by means of any vessel aeroplane or other craft or vehicle sailing or departing from any infected local area of Brunei

Darussalam;

prohibiting or regulating the export of cattle from any port or ports of Brunei Darussalam either absolutely or conditionally and either generally or to any particular port or ports;

appointing, establishing and maintaining places for the observation and examination of cattle previous to export, and for regulating the management of the same, and for compelling the examination of cattle intended to be exported;

cleansing and disinfecting any vessels in which cattle are to be exported;

prohibiting and regulating the removal of fodder, litter, dung and other things;

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prescribing and regulating the seizure, detention and disposal of any animal dealt with in contravention of any regulation made under this Act, and for prescribing and regulating the importer of the animal to the expenses connected with the seizure, detention and disposal thereof;

prescribing the notification to Government by medical practitioners of cases of disease treated by them;

the appointment of inspectors and other officers to carry out this Act or any regulations made thereunder, and for regulating their duties and conduct, and for investing them with all powers necessary for the due execution of their duties;

the performance and execution by local authorities of any powers and duties conferred and imposed by this Act or any regulations made thereunder;

prescribing the publication of any regulations made under this Act, and for prescribing and regulating the form and mode of service or delivery of notices and other documents;

prescribing the fine with which the contravention of any regulation made under this Act shall be punishable, but so that such fine shall not exceed

$1,000;

fixing the amount of fees to be paid under this

Act;

(zz)

establishing and maintaining places, works and services for the sanitary control of aerial navigation and for prescribing sanitary measures to be taken in respect of international aerial navigation (either generally or in relation to specific diseases) in accordance with the provisions of the International Sanitary Regulations for time being in force.

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Nothing in subsection (1) shall in any way restrict or be construed to restrict the generality of the powers conferred on His Majesty in Council by this Act, but such powers shall extend to all matters, whether similar or not, to those in subsection (1) mentioned, as to which it is expedient to make regulations for the better carrying into effect the objects of this

Act.

All regulations made under this Act shall be published in the Gazette.

does or omits to do anything which under this

Act or any regulations made thereunder he ought not to do or omit to do; or

obstructs, or impedes, or assists in obstructing or impeding, any inspector or other officer appointed under this Act or any police officer in the execution of this Act or of any regulation made thereunder, shall be guilty of an offence against this Act.

Penalties.

Any person convicted of any offence against this

Act who is within a period of 12 calendar months convicted for a second or subsequent like offence against this Act shall be liable in the Court of a Magistrate to imprisonment for 2 months and to a fine of $1,000.

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Nothing in this section shall affect the liability of any person to any punishment or penalty to which he is liable at common law or under any enactment other than this Act, but so that a person shall not be punished twice for the same offence.

Forfeitures.

Forfeitures under this Act may be declared by a

Court of a Magistrate and all animals and things forfeited shall be dealt with as the Minister directs.

Power to arrest.

Any person who obstructs or impedes an inspector or other officer appointed under this Act or any police officer in the execution of this Act or of any regulation made thereunder, or assists in any such obstructing or impeding, may be apprehended by such inspector or other officer without warrant.

A person arrested under this section shall be taken with all practicable speed before the Court of a Magistrate.

Nothing in this section shall take away or abridge any power or authority that a police officer would have had if this section had not been enacted.

Presumption.