Section 1
This Act may be cited as the Royal Brunei Police
Force Act.
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Royal Brunei Police Force Act is Brunei Act, cited as Act 50 1983, currently marked in force and first recorded in 1983.
Royal Brunei Police Force
CAP. 50 1
Section
REVISED EDITION 1984
Chapter
Opening note
This Act may be cited as the Royal Brunei Police
Force Act.
In this Act, unless the context otherwise requires -
"additional police officer" means a person em-ployed under section 18 and not enrolled on the permanent establishment;
"ammunition" means ammunition for any arm, and includes grenades, bombs and other like mis-siles, whether capable of use with arms or not, and any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other thing;
"arm" includes firearm;
"the Commission" means the Royal Brunei Police
Force Commission established under Part IV;
"the Commissioner" means the Commissioner of
Police of the Royal Brunei Police Force;
"constable" means a police officer below the rank of corporal;
"the Force'' means the Royal Brunei Police Force constituted under this Act;
Short title
Interpreta-tion 7
8
Control of the Force
Royal Brunei Police Force
"inspector" means an inspector of police of what-ever grade;
"police district" means any area which is consti-tuted a police district by Police Regulations, and unless and until districts are so constituted means an ordinary administrative district;
"Police Regulations" means regulations made under section 64;
"police officer" means any member of the Force and includes any additional police officer;
"senior police officer" means a police officer of any rank from and including the Commissioner down to and including a probationary assistant superintendent;
"subordinate police officer" means a police officer of any rank from and including sergeant-major down to and including a constable.
Subject to the orders and control of His Majesty the Sultan and Yang Di-Pertuan the Commissioner shall command and b(} charged with the direction and administra-tion of the Force.
The Commissioner may exercise the powers conferred and perform the duties imposed by any written law on any police officer of lower rank.
Any act or thing which may be done, ordered or performed by the Commissioner under any written law may, subject to the orders and directions of the Commissioner, be done, ordered or performed by a deputy commissioner of police, a senior assistant commissioner of police, or an assis-tant commissioner of police.
( 4) In the absence or incapacity of the Commission-er, a deputy commissioner of police or any senior police
Royal Brunei Police Force
CAP. SO officer authorised in that behalf by the Commissioner, may exercise the powers conferred and perform the duties imposed by any law on the Commissioner.
The members of the Force shall in relation to any formation, police district or area thereof or any place, be controlled by such police officer as the Commissioner may specify either by name or office.
( 6) All powers conferred and duties imposed by any written law on any police officer shall be exercised or perforn1ed in accordance with Police Regulations and any orders made under this Act.
All police officers shal1 be bound tc.{ serve in any part of Brunei or in the service of the Government on board any vessel or aircraft, or to proceed to any place outside Brunei as required for the purposes of section 38 ( q).
9
Liability for service in and outside
Brunei 5.
His Majesty may, in time of war or other emergency, Employment h f
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·
·
of Force in employ the Force or any part t ereo to serve m conJunctiOn time of with the armed forces of Brunei or otherwise in the defence emergency of Brunei:
Provided that any part of the Force so employed shall continue to be under the command of the Commissioner or such other police officer as may have been appointed for the purpose.
THE FORCE
There shall be constituted a police force to be known as the Royal Brunei Police Force, which shall consist of such numbers of senior police officers, inspectors and subordinate police officers, of either sex, as are from time to time approved by His Majesty.
Constitution of the Force
B.L.R.O. /11984
10
Functions of the Force
Appointment etc., of senior police officers
Appointment etc., of in-spectors and subordinate police officers
Interdiction and suspen-sion ofm-spectors and subordinate police officers
Warrant card
Royal Brunei Police Force
His Majesty may appoint such honorary senior police officers as His Majesty may think fit.
The Force shall, save as provided in sections 4 and 5, be employed in and throughout Brunei for the maintenance of law and order, the preservation of the public peace, the prevention and detection of crime, the apprehension and prosecution of offenders and the collection of security intelligence.
Subject to sections 43 and 44 a senior police officer shall be appointed, transferred, promoted, dismissed, inter-dicted, suspended and liable to disciplinary control by His
Majesty.
Subject to sections 43 and 44 an inspector shall be appointed, transferred or promoted by His Majesty.
A subordinate police officer may be appointed, promoted, or advanced in grade by the Commissioner.
An inspector or subordinate police officer may, pend-ing the determin'!tion of an inquiry or of legal or disciplinary proceedings, be interdicted or suspended from the peform-ance of his duty by the Commissioner.
A warrant card signed by the Commissioner shall be issued to every police officer and shall be evidence of his appointment under this Act.
Exemption in 12.
Subject to subsection (2)
respect of civil process
the pay and allowances of a subordinate police officer shall not be assignable or transfer-able or liable to be attached, sequestered or levied
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upon for, or in respect of, any debt or claim what-soever;
Royal Brunei Police Force
no subordinate police officer shall be liable to be imprisoned under an order of any court by reason of non-payment of any debt which he may have incurred or for which he may become liable.
Subsection (1) shall not apply to -
an order for the payment of dowry, alimony or maintenance made under any written law.
'
The pay and allowance of a subordinate police officer shall not pass to the Official Receiver or trustee in bankruptcy on the bankruptcy of such officer nor shall they form part of his estate for the purpose of any written law relating to bankruptcy.
Every police officer shall for the purposes of this Act be deemed to be always on duty when required to act as such and shall perform the duties and exercise the powers granted to him under this Act or any other written law at any and every place where he may be doing duty.
11
Police officer to be deemed on duty
·
A police officer may in the performance of his duties carrying of arms and carry arms and ammunition.
ammunition
Every such engagement shall be in writing signed by the person engaged, and shall be signed by the Commis-
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sioner or such other senior police officer as may be autho-rised in that behalf by Police Regulations. ·
Engagement of inspectors and subordin-ate police officers
12
Re-engage-ments
Continuance of service
Royal Brunei Police Force
Notwithstanding anything in any other written law contained, any person not below the age of 18 years shall be deemed competent to enter into an engagement under this Act.
Every subordinate police officer who has com-pleted the period of service for which he was engaged may offer himself for re-engagement for a further period, and, if approved by the Commissioner, may be re-engaged on such terms and conditions as may be prescribed by Police
Regulations.
Every such re-engagement shall be evidenced by an endorsement on the original engagement signed by the person re-engaged and by the Commissioner or such other senior police officer as may be authorised in that behalf by
Police Regulations.
Every subordinate police officer who continues in the Force after the completion of the period of service for which he was originally engaged shall, unless he is re-engaged for a further period in accordance with section 16, be deemed to be under engagement to serve from month to month; every slich engagement after the first month's service being held to commence on the first and to be deter-minable on the last day of each successive month.
No such officer shall resign from the Force unless he has given not less than one month's notice in writing to the Commissioner.
The notice in writing shall be given on or before the first day of the month at the end of which such officer intends to resign.
Additional 18.
The Commissioner may without written engage-police officers ment appoint persons to serve as additional police officers of or below the rank of sergeant-major.
Royal Brunei Police Force
An additional police officer shall be deemed to
. ....._
be under engagement to serve from month to month, every such engagement being held to commence on the first and to be determinable on the last day of each successive month.
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An additional police officer may be discharged at any time after one month's notice in writing by the Commis-sioner.
( 4) No additional police officer shall resign from the
Force unless he has given not less than one month's notice in writing to the Commissioner; and such notice shall be given on or before the first day of the month at the end of which such officer intends to resign.
( 5) An additional police officer shall have and may exercise all the powers and privileges of, and shall be sub-ject to the same authority and discipline (including liability to be dismissed) as a member of the Force or corresponding rank, and shall obey all lawful directions in respect of the execution of his duties which he may receive from time to time from his superior officers.
The Commissioner may, at any time, with the consent of His Majesty, discharge a probationary inspector or cadet inspector by giving him 3 months' notice in writing or on paying him one month's pay in lieu of notice; and His
Majesty may, at any time, discharge any other inspector on such notice as His Majesty shall think fit if His Majesty is satisfied that it is desirable in the public interest so to do.
The Commissioner may discharge any subordin-ate police officer who has not completed 10 years' service by giving hitp. one month's notice in writing.
Whenever it appears to the Commissioner that any subordinate police officer who has completed 10 years'
service is unable to discharge efficiently the duties of his
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office the Commissioner may discharge such officer from the
Force by giving him one month's notice in writing.
13
Discharge of inspectors and subordin-ate police officers
Bl
14
Resignation during term of engage-ment
Declaration before assumption of office.
Medical examination and finger prints
Delivery of
Government property on leaving the
Force
Royal Brunei Police Force
( 4) Nothing in this section shall be deemed to affect or prejudice any power of dismissal from the Force confer-red by this Act or by any regulations made under this Act.
20.
Where the terms of an inspector's engagement permit he may claim his discharge in accordance with such terms.
A subordinate police officer shall be entitled to claim his discharge at any time during his first or any subse-quent engagement on giving one month's notice in writing to the Commissioner of his intention to resign from the
Force, and on payment of a sum equal to half a month's pay of the rank he holds at the time of such notice for each unexpired year of his terms of engagement with a rateable proportion for part of a year:
Provided that -
if such notice is given during any subsequent engagement such payment shall be of a sum calcu-lated as aforesaid but by reference to one month's pay instead of half a month's pay; and
a subordinate police officer who has attaineathe age of 45 years shall not be required to make any payment under this section.
21.
Before entering on the duties of his office every police officer shall make before the Commissioner or a senior police officer of or above the rank of superintendent the declaration prescribed in the Schedule.
22.
Before entering on the duties of his office every police officer shall undergo a medical examination and submit to having his finger prints taken.
23.
Every police officer who by resignation, dismis-sal, discharge or otherwise leaves the Force shall, before leaving, deliver up in good order (fair wear and tear only
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Royal Brunei Police Force expected) any arms, ammunition, accoutrement, uniform or other article supplied to him and any other property belong-ing to the Government which may be in his possession.
Any person neglecting so to deliver up such arti-cle or property shall be guilty of an offence: Penalty, a fine of $500 and imprisonment for 3 months, and in addition thereto shall be liable to pay the value of the article or property not delivered up, which value shall be ascertained in a summary manner by the same court by which the person was convicted, where it shall be recoverable as a fine.
PART III
DISCIPLINE AND DUTIES
Disciplinary Provisions 24.
Every police officer shall obey all lawful orders whether given orally or in writing and shall obey and con-form and be subject to Police Regulations and any orders made under this Act.
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Police officers to obey lawful orders 25.
In this section and in sections 26 and 37 "au tho-Punishment of subordin-rised police officer" means a police officer authorised by the ate police
Commissioner or under or by virtue of Police Regulations to officers conduct disciplinary proceedings.
Where the Commissioner or an authorised police officer finds a subordinate police officer guilty of any of the following offences
absence from duty without leave or good cause;
sleeping on duty;
conduct to the prejudice of good order and discipline;
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Royal Brunei Police Force
discreditable conduct;
disobedience of Police Regulations, or any
Orders made under this Act or any orders of a superior police officer whether written or oral;
being unfit for duty through intoxication;
insubordination or oppressive conduct;
neglect of duty or orders;
malingering;
falsehood or prevarication;
excess of duty resulting in loss or injury to any other person;
wilful destruction or negligent loss of or injury to property belonging to the Government;
engaging in trade or other employment without the permission of the Commissioner;
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breach of confidence;
( o) corrupt practice, the Commissioner may order that such subordinate police officer be dismissed or retired from the Force or may punish him with any of the following punishments -
reduction in rank, grade, seniority or salary;
deferment or stoppage of increment;
reprimand;
caution 1
Royal Brunei Police Force and in lieu of or in addition to any of the aforesaid punish-ments, may impose a fine not exceeding $100 or forfeiture of not more than one month's pay, except in the case of absence without leave or good cause when, in addition to any other punishment, forfeiture of pay may be imposed in respect of the period of absence or such lesser period as to the commanding officer may seem fit.
Where a subordinate police officer who is found guilty of an offence specified in subsection (2) is a constable the Commissioner may, in lieu of or in addition to punishing him with any punishment authorised under subsection (2), punish him with not more than 2 of the following punish-ments-
confinement to barracks for not more than 14 days;
extra duties or drills;
such fatigue duties as may be prescribed by
Police General Orders;
temporary deprivation of specified pri-vileges.
( 4) Where any authorised police officer finds any subordinate police officer guilty of any of the offences spe-cified in subsection (2) he may punish him with any of the punishments which the Commissioner may impose other than that of reduction in rank or dismissal or retirement from the Force.
A subordinate police officer may appeal against any finding of an authorised police officer or any punish-ment imposed by an authorised police officer under this section to the Commissioner within 30 days (or such further time, if any, as the Commissioner may think fit to grant) of such subordinate police officer being informed of such 17
18
Punishment of inspectors
Royal Brunei Police Force finding or punishment; and, save to the extent provided in subsection ( 6), the decision of the Commissioner upon such appeal shall be final and shall not be subject to appeal to or review in any court.
( 6) Where a subordinate police officer has been found guilty of an offence specified in subsection (2) by the
Commissioner (whether on the dismissal of an appeal under subsection (5) from the finding of an authorised police officer or on an original finding of the Commissioner) and ordered by the Commissioner to be reduced in rank or dis-tnissed or retired from the Force, such subordinate police officer may appeal to His Majesty against such finding or order within 30 days (or such further time, if any, as His
Majesty may think fit to grant) of such subordinate police officer being informed of such finding or order; and the decision of His Majesty upon such appeal shall be final and shall not be subject to appeal to or review in any court.
In every case where an appeal has been lodged under subsection ( 5) or ( 6) any punishment ordered shall be suspended pending the determination of the appeal.
26.
Where ?n inspector is found guilty by the Corn-missioner or an authorised police officer of any offence spe-cified in section 25 (2), the Commissioner may order that such inspector be dismissed or retired from the Force or may punish him with any of the following punishments -
reduction in rank, seniority or salary;
deferment or stoppage of increment;
reprimand;
caution, and in lieu of or in addition to any of those punishments may impose a fine not exceeding $500 and in the case of absence
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Royal Brunei Police Force
CAP. SO without leave or good cause may order forfeiture of pay for the period of absence or such lesser period as the Commis-sioner thinks fit.
An inspector who is aggrieved by a decision of the Commissioner in respect of his dismissal or reduction in rank may appeal against such decision to His Majesty within 30 days (or such further time, if any, as His Majesty may think fit to grant) of his being notified of such decision; and the decision of His Majesty upon such appeal shall be final and shall not be subject to appeal to or review in any court.
In every case where an appeal has been lodged under subsection (2) any punishment orQ.ered by the Com-missioner shall be suspended pending the determination of the appeal.
( 4) Where an inspector is ordered to be retired 19
under this section his service shall, for the purposes of the
Pensions Act be deemed to have been terminated on the Cap.
ground referred to in section 7 of that Act.
27.
Notwithstanding section 26 and any Police Reg-ulations governing disciplinary proceedings against inspec-tors, in any case where disciplinary proceedings are to be taken against an inspector in respect of any offence specified in section 25 (2), the Commissioner may, if he thinks fit, refer such case to the Commission to be dealt with by it in accordance with Police Regulations governing disciplinary proceedings against senior police officers.
Where any case has been referred to the Com-mission under subsection (1) the Commission may, with the approval of His Majesty, order that the inspector concerned be dismissed or retired from the Force or may, with the like approval, punish him with any of the punishments referred to in section 26.
Commission-er may refer case against inspector to the Commis-sion
20
Prosecutions for disciplin-ary offences
Threatening or insulting another officer of senior or equal rank
Reduction or dismissal af-ter conviction
Reduction to constable be-fore dismissal
Loss of or damage to arm, equip-ment, etc., to be made good
Royal Brunei Police Force 28.
An inspector or subordinate police officer ac-cused of any offence specified in section 25 (2) may, instead of being dealt with under section 26 or 27 in the case of an inspector, or section 25 in the case of a subordinate police officer, be prosecuted in court and shall be liable on convic-tion to a fine of $500 and imprisonment for 3 months.
No prosecution under this section shall be instituted without the previous sanction in writing of the
Commissioner.
29.
Any police officer who threatens or insults another police officer of senior or equal rank when such other officer is on duty, or when such threat or insult relates to or is consequent on the discharge of duty by the officer so threatened or insulted, shall be guilty of an offence: Penal-ty, a fine of $2,000 and imprisonment for 12 months.
30.
Any police officer convicted under sections 28, 29,
55, 56 or 57 or convicted under any other written law of an offence punishable with imprisonment may, unless the con-viction is set aside on appeal, be reduced in rank or dismis-sed from the Force by His Majesty in the case of a senior police officer, or by the Commissioner in the case of an inspector or subordinate police officer; and where a police officer is dismissed under this section any arrears of pay due to him may be forfeited by order of the authority which dismissed him.
31. Any subordinate ·police officer above the rank of constable dismissed from the Force shall be reduced to the rank of constable before dismissal.
32. If any police officer pawns, sells, looses by neglect, makes away with or wilfully or negligently damages any arm, ammunition, accoutrement, uniform or other article supplied to him, or any vehicle or property committed to his charge, he may, in addition to or in substitution for any other penalty, be ordered to make good, either partially or
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Royal Brunei Police Force
CAP. SO wholly, the value of such property or the amount of such loss or damage, as the case may be, and such value or such amount may be recovered by stoppage from his pay.
33. Notwithstanding any other provision of this Act no police officer shall, without the written permission of the
Commissioner, resign from the Force during the pendency of any disciplinary proceedings instituted against him or any prosecution instituted against him in respect of any offence of which he may be accused, or in the event of his prefer-ring, or giving notice of his intention to prosecute, an appeal against any finding of guilt, punishment, conviction or sent-ence, during the pendency of such appeal, or until after the determination of any such proceedings, prosecution or appeal.
...
34.
Nothing in this Act shall be deemed to prevent the prosecution, conviction and punishment of any police officer under any other written law.
No person who has been acquitted by a court of any offence shall be tried on the same charge under this Act.
A sentence upon a police officer shall not be affected by such person ceasing to be a police officer by discharge or otherwise.
No pay shall accrue to any police officer in respect of any period during which he is undergoing any sentence of imprisonment.
35.
Where the defence to any suit instituted against a police officer is that the act complained of was done in obedience to a warrant purporting to be issued by any com-petent authority, the court shall, upon production of the warrant containing the signature of such authority and upon proof that the act complained of was done in obedience to such warrant, enter judgement in favour of such police officer.
21
No police officer to res-ign during pendency of disciplinary proceedings
Police officer not exempted from ordin-ary process of law
Non-liability for act done under author-ity of warrant
22
Departmen-tal Commit-tee of
Enquiry
Royal Brunei Police Force
No proof of the signature of such authority shall be required unless the court has reason to doubt the ge-nuineness thereof; and where it is proved that such signa-ture is not genuine, judgement shall nevertheless be given in favour of such police officer if it is proved that, at the time when the act complained of was committed, he believed on reasonable grounds that such signature was genuine.
36.
The Commissioner may convene a Committee of
Enquiry to enquire into the death or injury of any police officer or into the loss of or damage to any property en-trusted to or lawfully in the possession of the Force. Such
Committee of Enquiry shall consist of a President, who shall be a senior police officer not below the rank of assistant superintendent, and one or more members, as the Commis-sioner may direct.
A Committee of Enquiry convened under sub-s~ction (1) to enquire into the death or injury of a police officer shall be empowered to make findings and recom-mendations to the Commissioner as follows -
whether the deceased or injured person was on duty at the time of such death or injury;
_,
whether the death or injury was directly attributable to the nature of the duty on which the deceased or injured person was engaged;
whether the death or injury was due to the default of the deceased or injured person;
whether a pension, gratuity or allowance should be paid in accordance with Police Regula-tions or any other written law;
whether any action is necessary to prevent the future occurrance of similar death or injury to other police officers.
Royal Brunei Police Force
A Committee of Enquiry convened under sub-section (1) to enquire into any loss of or damage to any property entrusted to or lawfully in the possession of the
Force shall make findings and recommendations to the
Commissioner as follows
estimated cost of loss or damage;
individual responsibility for such loss or damage;
action necessary to prevent the future occurrence of similar loss or damage;
the manner in which the tost of such loss or damage may be recovered or made good to the lawful owner of such property.
37.
Where an authorised police officer or the Presi-dent of any Committee of Enquiry convened under section 36 applies to a magistrate for a summons to secure the attendance before such applicant, as a witness, of any per-son who appears to be acquainted with the circumstances of the case, the magistrate may issue a summons accordingly;
and the witness shall be bound to answer truly all questions relating to such case as may be put to him by such applicant, and shall produce all documents relevant to such case.
Any person summoned as a witness under sub-section (1) who fails to attend at the time and place men-tioned in the summons or on adjournment, or refuses to answer any question that is lawfully put to him or to produce any such document which it is in his power to produce, shall be guilty of an offence: Penalty, a fine of $200 and imprison-ment for one month:
Provided that nothing contained in this section shall
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render any person compellable to answer any question or produce any document in respect of any matter which would 23
Witness summonses
24
Royal Brunei Police Force have been protected from disclosure on the ground of pri-vilege if the proceedings had been held in any court.
Duties of the Force 38.
Duties
The duties of the Force shall be to take lawful measures for-
preserving the public peace;
preventing and detecting crimes and off-ences;
collecting and processing security intelli-gence;
apprehending all persons whom police officers are legally authorised to apprehend;
regulating processions and assemblies in public roads, public places or places of public resort;
regulating the traffic upon public thorough-fares, and removing obstructions therefrom;
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preserving order in public places and places of public resort, at public meetings and in assemb-lies for public amusements, for which purpose any police officer on duty shall have free admission to all such places and meetings and assemblies while open to any member of the public;
assisting in carrying out the revenue, excise, health, conservancy, quarantine and immigration laws;
( i) assisting in preserving order in the ports and harbours and airports of Brunei, and in enforcing the laws relating thereto;
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Royal Brunei Police Force
executing summonses, subpoenas, warrants, commitments and other process issued by courts;
( k) applying for summonses or warrants in the interests of justice and conducting preliminary inquiries and prosecutions;
( l) protecting unclaimed and lost property, and finding the owners thereof;
taking charge of and impounding stray animals;
assisting in the protection of life and pro-perty at fires;
...
( o) protecting public property from loss or injury;
attending the criminal courts and, if special-ly ordered the civil courts, and keeping order therein;
( q) escorting and guarding prisoners;
executing such other duties as may by any written law be imposed on a police officer.
PART IV
THE ROYAL BRUNEI POLICE FORCE COMMISSION
Constitution of the Commission 39.
There shall be a Royal Brunei Police Force Com-mission (in this Act referred to as "the Commission") which shall consist of a Chairman and 4 other persons appointed by His Majesty and shall perform the functions conferred and imposed on it under this Act or any other written law.
25
The Royal
Brunei Police
Force Com-mission
B.LR.O. 111984
26
Royal Brunei Police Force
Subject to subsection (3), every person who is appointed to be a member of the Commission shall, unless he earlier resigns his office or is removed therefrom, hold office for a period of 3 years from the date of his appoint-ment and shall be eligible for reappointment.
(a) Subject to paragraph (b), a member of the
Commission may be removed from his office by
His Majesty.
A member of the Commission shall only be removed from his office for inability to perform the functions of his office (whether arising from in-firmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed unless his case has been investigated by a person who holds or has held high judicial office in any part of the Commonwealth, nominated for that purpose by His Majesty, and that person has recommended that he should be so removed.
His Majesty in Council may from time to time make, amend or revoke rules relating to the procedu~e to be followed in investigating any ques-tion under this subsection, and may make arrange-ments as to the remuneration to be paid to any person appointed under paragraph (b), which re-muneration shall be a charge on the Consolidated
Fund.
( 4) His Majesty may grant leave of absence from his duties to any member of the Commission, and may appoint a person to be a temporary member for the period of such leave.
The procedure of the Commission shall, subject to any regulations made under section 44, be as determined by the Commission.
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Royal Brunei Police Force
40. There shall be a secretary to the Commission who shall be appointed by His Majesty.
41.
The remuneration of the Chairn1an and other members of the Commission shall consist of such salaries, allowances and privileges as His Majesty may from time to time approve and the sum required for such remuneration shall be charged on the Consolidated Fund.
The salary of each member of the Commission shall-
commence from the date of his appoint-ment;
accrue from day to day; and
by payable monthly on the last day of each month, or on such other day as the Minister may from time to time determine.
The salaries, allowances privileges and other terms of office of men1bers of the Commission shall not be altered to their disadvantage after their appointment.
42.
A person to whom any salary is payable under this
Part or for whose salary as the holder of any other office provision is made by any other written law, shall be entitled to receive only one such salary, but if he is the holder of 2 or more offices in respect of which salary is so payable in re-spect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.
Functions of the Commission, etc 43.
In the exercise of the powers conferred upon him by section 8, 9 (1) and 30 His Majesty shall, except in the case of the Commissioner and such other senior police officers as
His Majesty in Council may prescribe by notification in the
Government Gazette, and unless regulations under section 27
Secretary to the
Commission
Remunera-tion
Provision against dupli-cate salary
Recom-mendation of
Commission to be obtained and acted upon in certain cases
28
Regulations
Certain com-munications to be pri-vileged
Protection of members
Giving false information to Commis-sion
Royal Brunei Police Force 44 otherwise provide, consult and act in accordance with the recommendation of the Commission.
44.
His Majesty in Council may make regulations to provide for -
the exercise by the Commission of any of its functions; or
the exercise by the Commission or by any person, subject to such conditions as may be pre-scribed, of any of the powers conferred on His
Majesty by sections 8 (1), 9 (1) or 30 and may further provide that any such person shall be free from the restriction imposed by section 43.
Privileges and Protection 45.
No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between the Commis-sion or any of its members and the Government or any public officer or any communication between members of the Commission in exercise of or in connection with the exercise of its funetions unless His Majesty shall in writing consent to such production or disclosure.
46.
Every member of the Commission shall have such and like protection and privileges in case of any action or suit brought against him~ for any act done or omitted to be done by him when acting in the execution of his office as is by law given to any magistrate acting in the execution of his office.
Offences 47.
Any person who, in connection with an application by any person for employment or appointment in the Force or with the exercise by the Commission of any of its func-tions~ wilfully gives to the Commission or to any member
Royal Brunei Police Force thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of an offence: Penalty, imprison-ment for 2 years and a fine of $2,000.
48.
No member of the Commission nor any other person shall, without the written permission of His Majesty, publish or disclose to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duties under this Act or any other written law relating to the Commission in respect of any of the Commission's functions under this Act or any other written law; and any person who knowingly acts in contravention of this subsec-tion shall be guilty of an offence: Penalty, imprisonment for one year and a fine of $2,000.
If any person having possession of any informa-tion which to his knowledge has been disclosed in con-travention of this section publishes or communicates such information to any person otherwise than for the purpose of a prosecution under this Part, he shall be guilty of an off-ence: Penalty, imprisonment for one year and a fine of
$2,000.
49. Every person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Commission or any member thereof shall be guilty of an offence: Penalty, imprisonment for 2 years and a fine of $5,000:
Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any appli-cant or candidate for membership of the Force or from supplying any information or assistance upon formal request made by the Commission.
29
Unauthorised application and disclo-sure of in-formation
Influencing or attempting
, to influence
Commission
30
Members, officers and servants of the Commis-sion deemed public ser-vants under the Penal
Code.
Cap. 22
Consent of
Public Pro-secutor to prosecutions
50.
Royal Brunei Police Force
Every member, officer and servant of the Commis-sion shall be deemed to be a public servant within the mean-ing of the Penal Code.
51.
A prosecution under this Part shall not be instituted except by or with the consent of the Public Prosecutor.
PARTY
POLICE FUND
52.
Police Fund
( 1) There shall be established a fund to be known as
Cap. 7
the "Police Fund".
The Police Fund shall consist of -
all sums forfeited by or fines inflicted on police officers under the powers conferred by this
Act;
su.~h proportion as the Commissioner may think fit of sums paid under section 69 for special services of police officers other than additional police officers;
all fines levied for assaults on police officers;
all illegal gratifications offered to police officers and confiscated by an order of court;
any sums paid to the fund under section 53 (4);
all sums confiscated under section 357 (2) of the Criminal Procedure Code and ordered by the court to be paid into the fund;
Royal Brunei Police Force
donations offered to the fund and accepted by the Commissioner;
contributions from the Consolidated Fund.
The Police Fund shall be controlled by the Com-missioner, subject to Police Regulations, and applied for the purposes of -
rewarding inspectors and subordinate police officers for extra or special services rendered by them;
procuring for police offic,ers who are serv-ing, or who have retired on pension or gratuity, comforts, conveniences or other advantages not chargeable to the public revenue; and
granting loans to police officers who are serving, or who have been retired on pension or gratuity, on rates and terms in accordance with
Police Regulations.
( 4) On the appointed day all monies comprised in the Police Reward Fund established under the repealed
Enactment shall be deemed to be transferred to and shall form part of the Police Fund.
PART VI
UNCLAIMED PROPERTY AND ESTATES
31 53.
A list of any lost or unclaimed property deposited Disposal of at a police station shall be forwarded to the Commissioner.
~~~~~r:ld
If claimed within 3 months by any person who establishes his claim to such property to the satisfaction of the Commissioner the property shall be returned to such at police stations
32
Unclaimed estates
Royal Brunei Police Force person on payment of any expenses reasonably incurred and of such sum as reward to the finder of the property as the
Commissioner may award.
If the property is of a perishable nature it may be sold at once and the proceeds of sale forwarded to the
Commissioner pending any claim to such property.
( 4) If any such property is not claimed within 3
months, or if the claimant refuses to pay the expenses reasonably incurred or the sum awarded to the finder, the property may be sold, and the proceeds of the sale, after deducting such expenses and the sum awarded to the finder shall, if amounting to $50 or less be paid into the Police
Fund and, if exceeding $50, be paid into the Consolidated
Fund after payment of the sum of $50 into the Police Fund.
( 5) If, in the opinion of the Commissioner, such property is of no appreciable value or its value is so small as to render impracticable its sale as provided by subsection (2)
or (3), the Commissioner may order it to be destroyed or otherwise disposed of as he thinks fit.
54.
Whenever any person dies leaving in Brunei movable property which by reason of the absence of any person entitled thereto or the absence of any claim to such property for the purposes of administration, is taken charge by a police officer for the purposes of safe custody, the
Commissioner shall forthwith notify the Probate Officer that it is in his charge; and pending the directions of the
Probate Officer, the Commissioner shall retain the property in safe custody.
In the case of property which is of a perishable nature or likely to deteriorate in value, the Commissioner may order it to be sold; and the proceeds of such sale shall be handed to the Probate Officer.
Royal Brunei Police Force
CAP. 50 33
PART VII
GENERAL
55.
Offences
Any police officer who, without reasonable cause, the Desertion onus of proof whereof shall rest with him, absents himself from duty for a continuous period of 21 days or under cir-cumstances which show that he has the intention of not returning to his duty shall be deemed to have deserted, and shall be guilty of an offence: Penalty, imprisonment for 12
months.
56. Any police officer who causes, incites, or joins in any Mutiny mutiny or disaffection in the Force or conspires with any other person to cause such mutiny of disaffection, or does not use his utmost endeavour to suppress any such mutiny or disaffection, or having knowledge of any mutiny or disaffection or intended mutiny or disaffection, does not, without delay, give information thereof to the police officer to whom he is subordinate, shall be guilty of an offence:
Penalty, imprisonment for 15 years.
57.
Any person who causes or attempts to cause or does any act calculated to cause disaffection amongst the members of the Force or additional police officers or in-duces or attempts to induce any such member or any addi-tional police officer to withhold his services or to commit a breach of discipline shall be guilty of an offence: Penalty, imprisonment for 2 years and a fine of $5,000.
Any senior police officer may, without warrant, arrest any person who contravenes or who is reasonably suspected of having committed an offence under this section.
Penalty for causing dis-affection
B.L.R. 0. 111984
34
Unlawful possession etc., of police articles and unauthorised use of police uniform
Disorderly conduct in police station
58.
Royal Brunei Police Force
Any person, not being a police officer, who -
is found in possession of any article which has been supplied to any police officer for the ex-ecution of his duty, or any medal or decoration granted to any police officer for gallantry, service or good conduct, and who fails to account satisfac-torily for his possession thereof, or who, without lawful authority, purchases or receives any such articles, medal or decoration or who aids or abets any police officer in selling or disposing of any such article, medal or decoration;
without lawful authority, manufactures, sells or supplies, or offers to sell or supply, a reasonable facsimile of any badge or device used to indicate that a person is a police officer, or a reasonable facsimile of any badge or device used to indicate the rank of a police officer, or a reason-able facsimile of any medal or decoration granted to any police officer for gallantry, service or good conduct or who aids or abets any person in manu-facturing, selling or supplying such facsimiles; or
Without the permission of the Commissioner unlawfully wears, uses or displays otherwise than in the course of a stage play or other theatrical performance, any uniform of the Force or any badge or device to indicate that he is a police officer, or any dress having the appearance of or bearing the distinctive marks of such uniform, shall be guilty of an offence under this Act.
59. Any person who, in a police station, behaves in a riotous, indecent, disorderly or insulting manner shall be guilty of an offence under this Act.
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Royal Brunei Police Force
'
60. Any police officer may, without warrant, arrest any person who contravenes or who is reasonably suspected of having committed any offence under sections 55, 56, 57, 58
and 59.
61.
Any person who, when applying for engagement as a police officer, makes or in connection with such application any statement which he knows or believes to be false or does not believe to be true, shall be guilty of an offence under this Act.
62.
No police officer shall be a metyber of
any trade union or any body or association affiliated to a trade union;
any political party; or
any body or association with political objects.
Any police officer who contravenes subsection
shall be guilty of an offence under this Act.
For the purposes of this section any question whether any body or association is a trade union or a politic-al party or any other body or association to which subsection
applies shall be determined by the Commissioner; and the determination by the Commissioner of such question shall be final and shall not be subject to appeal to or review in any court.
35
Police officer m.ay arrest wtthout war-rant for off.
ences under sections 55,
56,57,58
and 59
Offence to make false statement when ap-plying for en-gagement
Police officer not to be member of trade union etc.
63.
Any person who is guilty of an offence under this Act General for which no other penalty is expressly provided shall be penalty
-
liable on conviction to a fine of $1,000 and imprisonment for 6 months.
36
Police
Regulations
Royal Brunei Police Force
Regulations and Orders 64.
His Majesty in Council may make such regula-tions not inconsistent with the provisions of this Act to be called "Police Regulations" as His Majesty may think expedient.
In particular and without prejudice to the gener-ality of the foregoing subsection, His Majesty in Council may make Police Regulations relating to all or any of the following matters -
the organisation and distribution of the
Force;
qualifications, appointments, promotions, pay and allowances, resignations, discharges, dis-missals, reductions, reversions and conditions of service;
pensions, retiring allowances and gratuities for subordinate police officers and their depen-dants, and all matters connected therewith;
discipline, disciplinary procedure and punishni'ents;
leaves of absence;
the uniforms, arms and accoutrements to be provided;
the administration of the Police Fund;
the fees to be charged to members of the public for copies of reports, plans and photographs made by police officers;
all matters which, under the provisions of this Act, may be provided for or prescribed by
Police Regulations;
Royal Brunei Police Force
such other matters as may be necessary and expedient for preventing abuse or neglect of duty, and for rendering the Force efficient in the discharge of its duties, and for carrying out the provisions of this Act.
Such regulations shall, if so provided therein, be applicable to and binding on all public officers employed in connection with the Force, not withstanding that they are not police officers, in the same manner as if they were police officers.
( 4) Every regulation made under this section shall be published in the Government Gazette.
•
65. The Commissioner may from time to time make such orders not inconsistent with the provisions of this Act and of
Police Regulations to be called "Police General Orders" as he may think expedient and without prejudice to the gener-ality of the foregoing power such orders may provide for -
discipline and the regulation and carrying out of punishment;
classifications and promotions;
instructions and examinations;
inspections, drill, exercise and parades;
police services and duties of every descrip-tion and the manner in which they shall be carried out;
(/) the institution and maintenance of police messes, canteens, reading rooms and sports organisations;
departmental expenditure;
37
Police Gener-al Orders
38
Royal Brunei Police Force
buildings, grounds, stores, furniture and equipment;
the custody, control and use of arms and ammunition;
transfers of police officers, the places at which they shall reside and the particular services to be performed by them;
the collection and communication of intelli·
gence and information;
the manner and form of reports, correspond·
ence and other records;
the performance of any act which may be necessary for the proper carrying out of the provi·
sions of this or any other Act or any regulations made thereunder or for the efficient discharge of any duty imposed by any written law on the Force or any member thereof;
~uch other matters as may be necessary and expedient for preventing abuse or neglect of duty, for rendering the Force efficient in the discharge of its duties, and for carrying out the provisions of this Act.
66.
Police Head-
The Commissioner may issue orders of a routine na·
&~:::s ture to be called "Police Headquarters Orders" not incon-sistent with the provisions of this Order, Police Regulations or Police General Orders for the control, direction and information of the Force.
Orders need not be pub-lished in
Government 67.
Gazette
It shall not be necessary to publish any Police Gener-al Orders or Police Headquarters Orders in the Government
Gazette.
Royal Brunei Police Force
68.
Miscellaneous
Save as otherwise provided in this Act or in any reg-ulations or orders made thereunder, every police officer shall, unless expressly or impliedly excluded, be subject to the same provisions of written law and Government admi-nistrative orders, directions and circulars as are applicable to all other public officers of corresponding status in the service of the Government.
69.
·The Commissioner or any senior police officer authorised in that behalf by Police Regulations may in his absolute discretion grant an application made by any person for the employment of police officers for the purpose of guarding himself or any other person or anf property, or for any other reason acceptable to the Commissioner or such senior police officer.
Where such application is granted -
the applicant shall pay for such service at such rate as may be prescribed by Police Regula-tions; and
the Commissioner or the senior police officer authorised as aforesaid shall decide on the number of police officers to be placed at the dis-posal of the applicant for such service, and may prescribe the conditions of such service, which shall be binding on the applicant.
The Government shall not be liable for any loss or damage to property, whether owned by the applicant or by any other person, consequent on the employment of police officers pursuant to this section.
70.
Repeal, Saving and Transitional Provisions
The Police Force Enactment (in this Act referred to as "the repealed Enactment") is hereby repealed:
Provided that -
39
Police officers sub-ject to provi-sions applic-able to public officers
Employment of police officers for special pur-poses
Repeal and saving.
Cap. 50
of1951
40
Persons deemed to be members of the Force
Warrant cards on transfer
Royal Brunei Police Force
any regulations or orders made under the repealed Enactment, in so far as they are not inconsistent with the provisions of this Act, shall remain in force and continue to have effect until replaced or revoked by regulations or orders made under this Act; and
references in such regulations or orders to gazetted officers shall be construed as reference to senior police officers and references to members of the rank and file shall be construed as references to subordinate police officers.
71.
Upon commencement of this Act every person who immediately before that day was serving in the Royal
Brunei Police Force constituted or deemed to be constituted under the repealed Enactment shall be deemed to be trans-ferred to and to become, with the same rank, grade and seniority immediately before such transfer, a member of the
Force as if he had been engaged or appointed under this Act and shall enter upon his duties immediately upon such trans-fer, and the provisions of this Act shall extend to every such person accordingly, and service under the repealed Enact-ment shall, for all purposes, be deemed to be service under this Act.
72.
A warrant card issued under the repealed Enactment to any person deemed to be transferred under section 71
shall be deemed to be a valid warrant card issued under this
Act.
-
·-
Royal Brunei Police Force
(Section 21)
Declaration of Office
I ..................................................................... , do solemnly, sincerely and truely declare that I will well and faithfully serve His
Majesty the Sultan and Yang Di-Pertuan in the office of police officer of the Royal Brunei Police Force and will obey, uphold and maintain the laws of Brunei, and that I will execute the powers and duties of my office honestly and diligently.
Declared at ......................... this ............ day of ............ 19 ... ..
.......................... ~, ......................... .
Signature
Before me,
41
Royal Brunei Police Force
CAP. 50 43
[Subsidiary]
SUBSIDIARY LEGISLATION
NOTE. All subsidiary legislation is omitted.
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