Section 6
Section 6
(1)
Where, in any proceeding before a court in Brunei Darussalam for an offence committed on board an aircraft, the evidence of any person is required and the court is satisfied that such person cannot be found in Brunei
Darussalam, there shall, notwithstanding any other law, be admissible in evidence before that court any deposition relating to the subject-matter of that proceeding previously made on oath by such person which was so made —
(a)
in Brunei Darussalam, before a magistrate; or
(b)
outside Brunei Darussalam, before a consular officer or a judicial officer of any foreign country.
(2)
Any such deposition shall be authenticated by the signature of the magistrate, consular officer or judicial officer before whom it was made who shall certify whether the person charged with the offence was present at the making of the deposition.
(3)
It shall not be necessary in any proceeding to prove the signature or official character of the person appearing to have authenticated any such deposition or to have given any such certificate, and such certificate shall, unless the contrary is proved, be sufficient evidence in any proceeding whether the person charged with the offence was present at the making of the deposition.
(4)
If a complaint is made to a consular officer that any offence has been committed on a Brunei-controlled aircraft while in flight elsewhere than in or over Brunei Darussalam, that officer may inquire into the case upon oath.
(5)
In this section —
“deposition” includes any affidavit, affirmation or statement made upon oath, and nothing in this section shall prejudice the admission as evidence of any deposition which would be admissible in evidence apart from this section.
Regulations.