Banishment Act · 2020 Revised Edition
2. Warrant of arrest and order of banishment
Official textFrom Attorney General's Chambers, unchanged
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 —
order that person be banished from Brunei Darussalam; or
before a day to be named in the order, execute a bond with sureties for his good behaviour in such amount and for such period as may be fixed in the order.
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.
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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
Council may think fit.
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
Brunei Darussalam for such period as His Majesty the Sultan and Yang Di-Pertuan in Council may think fit.