ChapterCHAPTER 149
TextS 35/1983 1984 Edition, Chapter 149
PreambleAn Act to provide for the raising, maintenance and discipline of an armed force in Brunei Darussalam and for purposes incidental thereto Co...
PartPART 1
PartPART 2
PartPART 3
TextAPPOINTMENT OF WARRANT OFFICERS AND ENLISTMENT
PartPART 4
TextSPECIAL PROVISIONS RELATING TO RESERVE REGIMENT
PartPART 5
TextDISCIPLINE AND TRIAL AND PUNISHMENT OF
PartPART 6
TextFORFEITURES AND DEDUCTIONS AND ENFORCEMENT OF
(1)No forfeiture of the pay of an officer or soldier shall be imposed unless authorised by this Act or any other written law, and no deduction...
(2)Regulations made under this Act shall not authorise the making of any penal deduction, that is to say, a deduction to be made by reason of...
(3)Subsections (1) and (2) shall not prevent the making, by regulation or order of His Majesty the Sultan and Yang Di-Pertuan* or by any Gener...
(4)Notwithstanding any deduction from the pay of an officer or soldier, he shall (subject to any forfeiture) remain in receipt of pay at not l...
(5)Notwithstanding that forfeiture of a person’s pay for any period has been ordered under this Act, he may remain in receipt of pay at such m...
(6)Any amount authorised to be deducted from the pay of an officer or soldier may be deducted from any balance (whether or not representing pa...
(1)The pay of an officer or soldier may be forfeited —
(2)The pay of an officer or soldier may be forfeited for any day of absence by reason of his having been made a prisoner of war if the compete...
(3)Regulations made by His Majesty in Council may make provision as to the computation of time for the purposes of this section and in particu...
(1)Without prejudice to the provisions of this Act dealing with stoppages as a punishment, the following provisions shall have effect where, a...
(2)The competent authority may order the person responsible (whether or not he is a member of the Armed Forces at the time when the order is m...
(3)No order shall be made under subsection (2) if, in proceedings under this Act before a court-martial, the appropriate superior authority or...
(1)Where damage occurs to any premises in which one or more units of the Armed Forces or the Reserve Regiment or parts of such units are quart...
(2)Subsection (1) extends to ships, trains, vehicles and aircraft in which units or parts of units of the Armed Forces or Reserve Regiment are...
(1)Where any court in Brunei Darussalam has made a dependants’ maintenance order against any person (in this section referred to as the defend...
(2)Where to the knowledge of any court in Brunei Darussalam making a dependants’ maintenance order, or an order varying, revoking or reviving...
(3)The Commander may by order vary or revoke any order previously made under this section, and may treat any order made under this Royal Brune...
(4)In this section and in section 136, “dependants’ maintenance order” means an order made by the Court of a Kadi under Part VII of the Religi...
(1)Where the Commander is satisfied that an officer or soldier is neglecting, without reasonable cause, to maintain his wife or any child of h...
(2)On an application made to the Commander for an order under subsection (1), the Commander, if satisfied that a prima facie case has been mad...
(3)Where an order is in force under section 135(1) for the making of deductions in favour of any person from the pay of any member of the Arme...
(4)The Commander may by order vary or revoke any order previously made under this section, and may treat any order made under this section as...
(5)The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall i...
(6)In this section, the following expressions have the following meanings in relation to a person — “adopted child” includes a person whose de...
(1)The sums deducted from a person’s pay under sections 135 and 136 shall not together exceed one half of his pay.
(2)Where any deductions have been ordered under section 135 or 136 from a person’s pay and (whether before or after the deductions have been o...
PartPART 7
TextAPPEALS FROM COURTS-MARTIAL
(1)Subject to the provisions of this Part, a person convicted by court-martial may, with the leave of the Court of Appeal, appeal to that cour...
(2)Subject as aforesaid, the person’s right of appeal shall not be exercisable —
(3)If a person presents a petition for the purposes of subsection (2)(a), but fails to do so within the period prescribed for those purposes a...
(4)Rules of court may provide that, in such circumstances as may be specified in the rules, a petition for the purposes of subsection (2) whic...
(5)If no appointment of Colonel in Chief has been made under section 9, then any person convicted by court-martial may, with the leave of the...
(1)Leave to appeal to the Court of Appeal shall not be given except on an application on that behalf made by or on behalf of the appellant and...
(2)The application must be in the prescribed form and specify the grounds on which leave to appeal is sought and such other particulars, if an...
(3)Except as provided in section 172(2), the Court of Appeal may extend the period within which an application for leave to appeal must be lod...
(4)Rules of court may provide that, in such circumstances as may be specified in rules, and application which is lodged with a person (other t...
(1)In considering whether or not to give leave to appeal, the Court of Appeal shall have regard to any expression of opinion made by the Judge...
(2)Where the Court of Appeal dismiss an application for leave to appeal, the Court may, if the Court considers the application to have been fr...
PartPART 8
TextPersonnel engaged under agreement
(1)Notwithstanding anything contained in any of the foregoing provisions of this Act, the Government may with the approval of His Majesty the...
(2)Any person engaged by virtue of subsection (1) to serve as —
(3)Regulations made under subsection (1) may include provision for adaptation and modifications of any provision of this Act (other than this...
(1)If an officer thinks himself wronged in any matter by a superior officer or authority and on application to his commanding officer does not...
(2)On receiving any such complaint, it shall be the duty of the Commander to investigate the complaint and to grant any redress which appears...
(1)If a soldier thinks himself wronged in any matter by an officer other than his commanding officer or by any soldier, he may make a complain...
(2)If a soldier thinks himself wronged in any matter by his commanding officer, either by reason of redress not being given to his satisfactio...
(3)It shall be the duty of the commanding officer or the Commander, as the case may be, to have any complaint received by him under this secti...
PartPART 9
TextAPPLICATION OF MILITARY LAW AND
(a)every officer holding a commission granted by His Majesty the Sultan and Yang Di-Pertuan, other than an honorary commission, who is appoint...
(b)every officer holding such a commission and appointed to serve as aforesaid who for the time being is not employed in any such service as i...
(c)every officer, not subject to military law under paragraph
(a)or (b), being the holder of such a commission as aforesaid, who is appointed to the Reserve Regiment and is for the time being called out o...
(d)every person not otherwise subject to military law who is engaged to serve under a written agreement as a member of the Armed Forces or the...
(e)every soldier not otherwise subject to military law; Royal Brunei Armed Forces 142
(f)every man of the Reserve Regiment when called out on full-time service pursuant to section 25 or when undergoing training whether in pursua...
(g)every person, not otherwise subject to military law, being —
(i)a member of the Armed Forces or the Reserve Regiment; or
PartPart 5, to such extent and subject to such modifications as may be prescribed, applies to persons embarked as passengers on board ships or aircraft of His Majesty the Sultan and Yang Di-Pertuan (not being persons who ar...
TextApplication of Act to civilians 204.
(1)Subject to the modifications specified in subsection (2), where any body of the Armed Forces or the Reserve Regiment is on active service,...
(2)The modifications referred to in subsection (1) are the following —
(3)Any fine awarded by virtue of this section, whether by court-martial or the appropriate superior authority, shall be recoverable in Brunei...
(4)This section does not apply to any person to whom section 203 applies. Royal Brunei Armed Forces 144 Supplemental provisions Loaned personn...
(1)In this section — “conditions of loan service” means, in relation to a loaned person who is ordered under subsection (2), to serve in the A...
(2)His Majesty the Sultan and Yang Di-Pertuan may order any loaned person to serve in the Armed Forces in accordance with the provisions of th...
(3)Where a loaned person is ordered under subsection (2), to serve in the Armed Forces, His Majesty the Sultan and Yang Di-Pertuan shall give...
(4)Directions given under subsection (3) shall have the effect of written law and, to the extent that such directions may conflict with any ot...
(5)For the purposes of this Act, a loaned person who is for the time being serving in the Armed Forces under conditions of loan service is dee...
Schedule(section 93(6)) ALTERNATIVE OFFENCES OF WHICH ACCUSED MAY BE CONVICTED BY Offence charged 1. Alternative offences Communications with or gi...
Schedule(regulations 9 and 13) CIVIL OFFENCE Driving a motor vehicle without a driving licence contrary to section 16 of the Road Traffic Act (Chap...
ScheduleSCHEDULE 1 — COMMITTAL ORDER TO MILITARY ESTABLISHMENT/CIVIL PRISON
ScheduleSCHEDULE 2 — ORDER FOR RELEASE FROM PRISON OR MILITARY ESTABLISHMENT
ScheduleSCHEDULE 3 — TEMPORARY RELEASE FROM MILITARY DETENTION ON COMPASSIONATE GROUNDS
ScheduleSCHEDULE 4 — MEDICAL CERTIFICATE OF FITNESS
ScheduleSCHEDULE 5 — MEDICAL CERTIFICATE OF FITNESS FOR CLOSE CONFINEMENT
ScheduleSCHEDULE 6 — ORDER FOR RESTRAINT OF PERSON IN CUSTODY AND APPROVAL OF MEDICAL OFFICER
ScheduleSCHEDULE 7 — ORDER FOR ISOLATION OF SOLDIER UNDER SENTENCE __________________________________ Royal Brunei Armed Forces [Subsidiary] Rules...
ScheduleSchedule 6 and shall state — (a) the type and manner of restraint that is to be applied; and (b) the period during which it shall be applie...
ScheduleSCHEDULE 1 (rule 14) COMMITTAL ORDER TO MILITARY ESTABLISHMENT/CIVIL PRISON1 To The Director of Prisons2 The Commandant of ...................
ScheduleSCHEDULE 2 (rule 15(1)(b)) ORDER FOR RELEASE FROM PRISON OR MILITARY ESTABLISHMENT To The Director of Prisons/commandant or other person in...
ScheduleSCHEDULE 3 (rule 17(1)) TEMPORARY RELEASE FROM MILITARY DETENTION ON COMPASSIONATE GROUNDS In pursuance of the Royal Brunei Armed Forces (I...
ScheduleSCHEDULE 4 (rule 25(1)) MEDICAL CERTIFICATE OF FITNESS I1.....................................................................................
ScheduleSCHEDULE 5 (rule 50(1)) MEDICAL CERTIFICATE OF FITNESS FOR CLOSE CONFINEMENT I1...............................................................
ScheduleSCHEDULE 6 (rules 51(5), (8) and (9)) ORDER FOR RESTRAINT OF PERSON IN CUSTODY AND APPROVAL OF MEDICAL OFFICER PART I ORDER FOR RESTRAINT O...
ScheduleSCHEDULE 6 — (continued) PART II APPROVAL OF MEDICAL OFFICER8 I,9.............................................................................
ScheduleSCHEDULE 7 (rule 53(3)) ORDER FOR ISOLATION OF SOLDIER UNDER SENTENCE I, 1 ...................................................................
ScheduleSCHEDULE 1 — — DELAY REPORT — — ABSTRACT OF EVIDENCE — CERTIFICATE TO BE ATTACHED TO ABSTRACT OF EVIDENCE AFTER IT HAS BEEN HANDED TO THE A...
ScheduleSCHEDULE 2 — RECORD OF PROCEEDINGS BEFORE APPROPRIATE SUPERIOR ATUHORITY
ScheduleSCHEDULE 3 — — CONVENING ORDERS FOR COURT-MARTAL Royal Brunei Armed Forces [Subsidiary] — DECLARATION UNDER RULE 99 — DECLARATION UNDER RUL...
ScheduleSCHEDULE 4 — — SENTENCES — FORFEITURE OF SENIORITY OFFICERS — CONSECUTIVE [SENTENCES OF IMPRISONMENT] FOR OFFENCES AGAINST THE ACT — ORDER...
ScheduleSCHEDULE 5 — OATHS AND AFFIRMATIONS
ScheduleSCHEDULE 6 — — PETITION TO CONFIFRMING OFFICER (BEFORE CONFIRMATION) — PETITION TO REVIEWING AUTHORITY (AFTER PROMULGATION) _______________...
ScheduleSchedule 5. Royal Brunei Armed Forces [Subsidiary] (4) Where a person is permitted to make a solemn affirmation instead of swearing an oath...
ScheduleSchedule 3. (8) If confirmation has been withheld because the confirming officer disapproves the court’s decision to reject a plea to the j...
ScheduleSCHEDULE 1 FORMS (rules 4(1), 8, 9(1), (5) and 88(3)) (rule 4(1)) DELAY REPORT From: (UNIT) To: (CONVENING OFFICER) ................1EIGHT...
ScheduleSCHEDULE 2 (rule 18(g)) RECORD OF PROCEEDINGS BEFORE APPROPRIATE SUPERIOR AUTHORITY ACCUSED’S NUMBER, RANK AND NAME ..........................
ScheduleSCHEDULE 2 — (continued) (ii) if he determines that the accused is guilty, examine and consider the accused’s record of service. If he inte...
ScheduleSCHEDULE 3 (rules 19(1)(a), 65(3), 69(2), 77(7), 88(3), 89(1)(a), 92(1), 92(7), 93(3), 99 and 100) COURT-MARTIAL FORMS (rule 19(1)(a)) CONV...
ScheduleSchedule 3. 4 Delete if not applicable. If this paragraph is deleted, rule 43(2) must be complied with. Royal Brunei Armed Forces 78 [Subsi...
ScheduleSCHEDULE 4 (rules 18(f), 72(3) and (4)) SENTENCES Note: The words in the margin should be entered in the right-hand margin of the record of...
ScheduleSCHEDULE 5 (rule 32) OATHS AND AFFIRMATIONS OATHS AT COURTS-MARTIAL AND AT INVESTIGATIONS BY COMMANDING OFFICERS AND APPROPRIATE SUPERIOR A...
ScheduleSCHEDULE 5 — (continued) Witness [For Muslims] I swear in this proceedings that I will say and speak the whole truth and nothing but the tr...
ScheduleSCHEDULE 6 (rule 96(1)) PETITION TO CONFIRMING OFFICER (BEFORE CONFIRMATION) To the confirming officer. I ....................................
ScheduleSCHEDULE 6 — (continued) (rule 96(2) and (3)) PETITION TO REVIEWING AUTHORITY (AFTER PROMULGATION) To: .......................................