Section 4

Where under the provisions of any law in force in

Malaysia or Singapore a Court, a Judge, a Magistrate, or any other officer of Court, in Malaysia or Singapore has issued a summons requiring a person to appear before any Court in

Malaysia or Singapore as a witness to give evidence in any criminal trial, criminal inquiry or other criminal proceeding, and such person is, or is suspected of being in or on his way to

Brunei Darussalam, a Magistrate in Brunei Darussalam may, if satisfied that the summons was issued by a Court, a Judge, a Magistrate, or other officer of Court, in Malaysia or

Singapore, endorse the summons with his name and designation and seal it with the seal of his Court, and such summons may then be served on such person as if it were a summons issued by a Court, a Judge, a Magistrate or an officer of Court having authority to issue same, in Brunei Darussalam under the provisions of the Criminal Procedure Code, and such witness shall, on service of the summons so endorsed, and on payment or tender of a reasonable amount for his expenses, be legally bound to obey the summons, and if he intentionally omits to obey such summons he shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding six months, or to a fine not exceeding five hundred dollars, or to both, and in any such trial a certificate signed by an officer of Court in Malaysia or Singapore that such person had failed to obey the summons shall be sufficient evidence that he had intentionally omitted to obey the summons unless the contrary be proved, and no process shall issue on such officer or Court in Malaysia or Singapore to give evidence at such trial on behalf of any party.

Summonses and Warrants (Special Provisions)

CAP. 155 5

Where under the provisions of any law in force in

Malaysia or Singapore corresponding to subsection (1) a summons requiring a person to appear before any Court in

Brunei Darussalam as a witness to give evidence in any criminal trial, criminal inquiry or other criminal proceeding has been duly endorsed in Malaysia or Singapore and served on the witness, such summons shall for the purposes of the

Criminal Procedure Code be deemed to be validly served as if such service had been effected in Brunei Darussalam, and if such person intentionally omits to obey the summons he shall be liable to be tried and punished in Brunei Darussalam, and at any such trial a certificate signed by a Magistrate in

Malaysia or Singapore that such summons was duly served on the witness and a reasonable amount for his expenses paid or tendered to him, and an affidavit of such service and the payment or tender of such expenses may be given in evidence and shall be sufficient evidence of the service of the summons and the payment or tender of the expenses unless the contrary be proved, and no process shall issue on such Magistrate in

Malaysia or Singapore or any other officer of Court in

Malaysia or Singapore or the person who served the summons and paid or tendered the expenses to give evidence at such trial on behalf of any party.