Evidence Act · 2014 Revised Edition · Chapter XIII
178. Application of section 177 to banks that have ceased business
Official textFrom Attorney General's Chambers, unchanged
Section 177 shall apply to a copy of an entry or matter recorded in a record used in the ordinary course of business of a former bank which is tendered in evidence in criminal proceedings as it applies to a copy of an entry or matter recorded in a banker’s record, but with the following modifications —
bank
“bank” and “banker” means any company carrying on the business of banking in Brunei Darussalam under a licence granted any law relating to banking: “banker’s record” includes — (a) any document or record received or used in the ordinary business of a bank; and (b) any record so used which is kept otherwise than in a legible form and is capable of being reproduced in a legible form;
subsection (1)(a)(ii) thereof shall be construed as if for “the bank” there were substituted “any person duly authorised in that behalf or otherwise responsible for administering the affairs of the former bank”; and
a reference therein to an officer of a bank shall, in relation to the former bank, be construed as a reference to any person who is, or is an officer of, a person responsible for administering the affairs of the former bank.
Evidence
Section 177 shall apply to a copy of an entry or matter recorded in a record used in the ordinary course of business of a body designated by the Minister of Finance under section 179 for the purposes of criminal proceedings which is tendered in evidence in those criminal proceedings as it applies to a copy of an entry or matter recorded in a banker’s record, but with the following modifications —
Minister of Finance
“Minister of Finance” includes the Permanent Secretary of the Ministry of Finance. Copy of entry in banker’s record.
a reference therein to a bank shall be construed as a reference to any person responsible for administering the affairs of that body;
a reference therein to an officer of a bank shall be construed as a reference to any person who is, or is an officer of, a person responsible for administering the affairs of that body.
In subsection (1), “former bank” means a bank which is being or has been wound up or dissolved or has otherwise ceased to carry on the business of banking.
Terms defined in this Act
bank
Defined · s 176“bank” and “banker” means any company carrying on the business of banking in Brunei Darussalam under a licence granted any law relating to banking: “banker’s record” includes — (a) any document or record received or used in the ordinary business of a bank; and (b) any record so used which is kept otherwise than in a legible form and is capable of being reproduced in a legible form;
banker
Defined · s 176“bank” and “banker” means any company carrying on the business of banking in Brunei Darussalam under a licence granted any law relating to banking: “banker’s record” includes — (a) any document or record received or used in the ordinary business of a bank; and (b) any record so used which is kept otherwise than in a legible form and is capable of being reproduced in a legible form;
evidence
Defined · s 3“evidence” includes — (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence.
Minister of Finance
Defined · s 176“Minister of Finance” includes the Permanent Secretary of the Ministry of Finance. Copy of entry in banker’s record.