Banishment Act

This Act may be cited as the Banishment Act.

Whenever it shall be made to appear to the Minister on the written information of the Commissioner of Police that there is reasonable cause for believing that the banishment from Brunei Darussalam of any person is necessary for the safety, peace or welfare of Brunei Darussalam, the Minister shall issue a warrant substantially in the form in Schedule 1 and shall cause that person to be brought before him, and shall thereupon examine that person and record in writing any statement that he may make.

The Minister may if he sees fit lay such written information and record before His Majesty the Sultan and Yang Di-Pertuan in Council who may —

If any person against whom a warrant has been so issued absconds or conceals himself so that the warrant cannot be executed, he may be proclaimed and his property be attached by any court in the same manner in which the proclamation of a person absconding and attachment of his property may be effected under the Criminal Procedure Code (Chapter 7).

The order of banishment shall be in the form in Schedule 2 and shall not be carried into effect until after 21 days have elapsed from its date.

The banishment may be for the life of the person banished or for such shorter period as His Majesty the Sultan and Yang Di-Pertuan in

If any person ordered to give security for his good behaviour under the provisions of subsection (2) does not give such security to the satisfaction of the Minister before the day named in the order, he shall be banished from

Any person against whom an order of banishment is made shall be taken before the Minister who shall inform him of the period of his banishment and warn him not to return to Brunei Darussalam until the expiration of such period.

A copy of the order of banishment in English and, if possible, in his own language, shall be handed to him.

If any person so banished is found in Brunei Darussalam before the expiration of the period for which he was banished, he may be arrested by any officer without warrant.

Whoever having been lawfully banished from Brunei Darussalam returns to Brunei Darussalam before the expiration of his term of banishment, or without a remission of punishment, may either be removed from Brunei Darussalam forthwith by order of the Minister or may be prosecuted and on conviction shall be punished with imprisonment for any term not exceeding that for which he has been banished.

Whoever —

Whoever is aware of the presence in Brunei Darussalam of —

His Majesty the Sultan and Yang Di-Pertuan may, at His Majesty the

Sultan and Yang Di-Pertuan’s discretion, alter, annul or reduce any sentence passed under this Act.

No action shall be brought against any person for anything done or bona fide intended to be done in the exercise or supposed exercise of powers given by this Act —

In every action so brought it is expressly alleged that the defendant acted either maliciously or negligently and without reasonable or probable cause, and if at the trial the plaintiff fails to prove such allegation, judgment shall be given for the defendant.

Although judgment is given for the plaintiff in such action, the plaintiff shall not have costs against the defendant unless the court before whom such action is tried certifies its approbation of the action.