Common Gaming Houses Act · 2019 Revised Edition
13. Search warrant against premises
Official textFrom Attorney General's Chambers, unchanged
A Magistrate or a senior police officer on being satisfied, upon receiving information and after any further inquiry which he may think necessary, that there is good reason to believe that any place is kept or used as a common gaming house, may by warrant authorise any person therein named or any police officer, with such assistance and by such force as may be necessary, by night or by day —
to enter or go to such place and to search the place and all persons found therein;
to seize all instruments or appliances for gaming and all money, securities for money and other articles reasonably supposed to have been used or intended to be used for any game or lottery which may be found in such place or on any such persons; and
to detain all such persons until they and the place have been searched.
If any of the things or circumstances which are made by this
Act presumptive evidence of guilt are found therein, they shall be taken before a Magistrate to be dealt with according to law.
All instruments or appliances for gaming, money, securities for money and other articles —
gaming
“gaming” means playing any game of chance or of mixed chance and skill for money or money’s worth and includes — (a) playing any game specified in the Schedule; and (b) playing or operating any gaming machine;
found in a common gaming house or on any persons found therein or escaping therefrom; and
Common Gaming Houses
which the Magistrate is of opinion were used or intended to be used for any gaming or lottery, shall be declared by him to be forfeited to the Government and shall be dealt with accordingly.
Forfeiture of seized gaming machines [S 20/2008]
Terms defined in s 2
a senior police officer
Defined · s 2“a senior police officer” means any police officer not below the rank of Assistant Superintendent and includes any police officer by name or office specially authorised by His Majesty the Sultan and Yang Di-Pertuan, by notification published in the Gazette, to exercise the powers of a senior police officer under this Act.
common gaming house
Defined · s 2“common gaming house” includes — (a) any place kept or used for gaming, to which the public or any class of the public has or may have access; (b) any place kept for habitual gaming, whether the public or any class of the public has or may have access to it or not; (c) any place kept or used for the purpose of a public lottery; (d) any place (including a place which is owned, occupied, possessed, kept, used or maintained by any society or any other organisation, body or group of persons, whether or not that society, organisation, body or group is established by or under any written law) — (i) where four or more persons are gaming; (ii) where any game specified in the Schedule is being played; or (iii) where gaming is carried out and for which payment is made by any person to any society, organisation, body or group of persons or any other person as consideration for permitting gaming in such place;
gaming
Defined · s 2“gaming” means playing any game of chance or of mixed chance and skill for money or money’s worth and includes — (a) playing any game specified in the Schedule; and (b) playing or operating any gaming machine;
lottery
Defined · s 2“lottery” includes any game, method or device whereby money or money’s worth is distributed or allotted in any manner depending upon or to be determined by chance or lot whether the game, method or device is held, drawn, exercised or managed within or outside Brunei Darussalam;
place
Defined · s 2“place” means any house, office, room or building and any place or spot whether open or enclosed and includes a ship, boat or other vessel whether afloat or not and any vehicle;