Section 2

parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;

engines, armaments, ammunitions and bombs and other missiles of any description in, or for use in, aircraft;

any other gear, apparatus or instruments in, or for use in, aircraft;

any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft; and

any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material;

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“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);

“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;

“arrest” includes open arrest;

“civil court” means a court of ordinary criminal jurisdiction in

Brunei Darussalam;

“civil offence” has the meaning assigned to it by section 72(2);

“civil prison” means a prison in Brunei Darussalam in which a person sentenced by a civil court to imprisonment can for the time being be confined;

“Colonel in Chief” means the officer appointed by His Majesty the

Sultan and Yang Di-Pertuan under section 9 to be Colonel in Chief of the Armed Forces and Reserve Regiment;

“Commander” means the officer or other suitable person appointed by His Majesty the Sultan and Yang Di-Pertuan under section 10 to be the Commander of the Armed Forces and the Reserve

Regiment;

“commanding  officer”  has  the meaning assigned to it by section 83(1);

“commissioned” means the conferring of the rank of an officer in the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan;

“competent authority”  means His Majesty the Sultan and Yang

Di-Pertuan or any officer or officers for the time being authorised by His Majesty the Sultan Yang Di-Pertuan to exercise or perform all or any of the powers or duties conferred or imposed upon the competent authority under this Act;

“convening officer”, in relation to a court-martial, means the officer convening that court-martial and includes his successor or any person for the time being exercising his or his successor’s functions;

[S  2/2006]

Royal Brunei Armed Forces

“corresponding civil offence” has the meaning assigned to it by section 72(2);

“damage” includes destruction, and references to damaging shall be construed accordingly;

“date  of  attestation” shall be construed in accordance with section 14(5);

“decoration” includes medal, medal ribbon, clasp and good conduct badge;

“desertion” shall be construed in accordance with section 43(2);

“eligible person” means a person who was born in Brunei

Darussalam and is commonly accepted as belonging to one of the following indigenous groups of the Malay race, namely Belait,

Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong; and includes a non-indigenous Malay who professes the Muslim religion, conforms to Malay custom as practised in Brunei Darussalam and is a subject of His Majesty the Sultan and Yang Di-Pertuan by virtue of any written law relating to nationality;

“eligible young person” means an eligible person who has attained the age of 18 years;

“enemy” includes all persons engaged in armed operations against any of the forces of His Majesty the Sultan and Yang Di-Pertuan or any forces co-operating with such persons, and also includes all armed mutineers, armed rebels, armed rioters and pirates;

“enlist” means enlisted to serve the Armed Forces or the Reserve

Regiment pursuant to section 12;

“foreign force” means any of the naval, military or air forces of any foreign country;

“General Orders” means General Orders of His Majesty the Sultan and Yang Di-Pertuan made under section 209;

“man” includes, in relation to the Reserve Regiment, a non-commissioned officer and a warrant officer;

Royal Brunei Armed Forces 20

“mandatory training” means the training which an officer cadet or a recruit shall undergo prior to being commissioned as an officer or as a trained soldier;

“member” means an officer or a soldier;

“military establishment” means any establishment under the control of the Commander where persons may be required to serve military sentences of detention;

“naval material” includes —

parts of, and components of or accessories for ships, whether for the time being in ships or not;

engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, ships;

any other gear, apparatus or instruments in, or for use in, ships;

any apparatus used in connection with the berthing of ships or for detecting the movement of ships; and

any fuel used for the propulsion of ships and any material used as a lubricant for ships or naval material;

“oath” includes affirmation, and references to swearing shall be construed accordingly;

“officer” means any person commissioned into the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan under this Act but does not include any person serving under any loan agreement or contract with the Government;

“officer cadet” means an officer who is undergoing such training course as may be determined by the competent authority;

“place” includes a ship, aircraft or vehicle;

Royal Brunei Armed Forces

“prescribed” means, except in Parts 5 and 7, prescribed by regulations  made  by  His  Majesty  the  Sultan  and   Yang

Di-Pertuan*;

“provost officer” means a provost marshal or officer appointed to exercise the functions conferred by or under this Act on provost officers;

“public property” means any property belonging to or held for the purposes of any public body;

“recruit” means a person enlisted in the Armed Forces or the

Reserve Regiment in accordance with the provisions of this Act who has not been previously so enlisted;

“recruiting officer” means a person authorised by the competent authority to enlist recruits in the Armed Forces or the Reserve

Regiment;

“Reserve Regiment” means the Royal Brunei Malay Reserve

Regiment raised and maintained under this Act;

“Rules of Procedure” has the meaning assigned to it by section 99;

“service”, when used adjectively, means belonging to or connected with the Armed Forces or the Reserve Regiment or any part of either of such forces;

“ship” includes any description of vessel;

“soldier” means any person other than an officer, enlisted in the

Armed Forces under or by virtue of the provision of this Act, but does not, except whereit is expressly provided, include an officer cadet;

* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces 22

“stoppages” means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;

“theft” has the same meaning as in the Penal Code (Chapter 22).