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bruneilawsby aturio
In force2024 Revised Edition
Contents

Part · Preliminary

2. Interpretation

(1)

In this Act, unless the context otherwise requires —

“Commonwealth country” means a country specified in

Schedule 1;

“country” includes —

(a)

a colony, territory or protectorate of a country;

(b)

a territory for the international relations of which a country is responsible; and

(c)

a ship or aircraft owned by or registered in a country;

“designated country” means a country specified in Schedule 2;

“entity” includes an international criminal court or tribunal, and

“country” shall where appropriate be deemed to include an entity;

“extradition country” means —

(a)

a Commonwealth country;

(b)

a designated country;

(c)

a treaty country; or

(d)

any other country certified by the Attorney General to be an extradition country for the purpose of a particular extradition requests;

Extradition 10

“extradition offence” has the meaning given by section 3(1);

“extradition request” means a request in writing by a country for the surrender of a person to that country;

“extradition treaty”, in relation to a country, means a treaty —

(a)

to which that country and Brunei Darussalam are parties (whether or not any other country is also a party); and

(b)

that relates wholly or partly to the surrender of persons accused or convicted of offences;

“foreign escort officer” means a representative of the country to whom a person is to be surrendered and who is authorised by that country to escort him from Brunei Darussalam to that country;

“ICPO-Interpol” means the International Criminal Police

Organization;

“original warrant” means a warrant issued in a designated country for the arrest of a person;

“political offence”, in relation to a country, means an offence against the law of that country that is of a political character

(whether because of the circumstances in which it is committed or otherwise and whether or not there are competing political parties in the country), but does not include —

(a)

an offence —

(i)

that is constituted by conduct of a kind referred to in a multilateral treaty to which Brunei Darussalam is a party; and

(ii)

for which parties have an obligation to extradite or prosecute;

(b)

the offence of genocide;

(c)

an offence of —

(i)

murder, kidnapping or any other attack on any person or his liberty; or

(ii)

threatening or attempting to commit, or participating as an accomplice in, murder, kidnapping or any other attack on the person or liberty; or

Extradition

(d)

any other offence that Brunei Darussalam and that other country have agreed will not be treated as a political offence for the purposes of extradition;

“prison” includes a jail, lockup or other place of detention;

“provisional arrest warrant” means —

(a)

in Part 2, a warrant, in accordance with Form 1 in

Schedule 4, issued under section 6(1);

(b)

in Part 4, a warrant, in accordance with Form 2 in

Schedule 4, issued under section 26;

“repealed Act” means the Extradition Act (Chapter 8) repealed by

Extradition Order, 2006 (S 10/2006);

“requesting country” means a country that is seeking the surrender of a person from Brunei Darussalam;

“specialty undertaking” means an undertaking by a requesting country about the treatment of a person whose surrender is sought by that requesting country;

“surrender warrant” means —

(a)

in Part 2, a warrant, in accordance with Form 3 in

Schedule 4, issued under section 17(4);

(b)

in Part 4, a warrant, in accordance with Form 5 in

Schedule 4, issued under section 33;

“temporary surrender warrant” means —

(a)

in Part 2, a warrant, in accordance with Form 4 in

Schedule 4, issued under section 19(1); or

(b)

in Part 4, a warrant, in accordance with Form 6 in

Schedule 4, issued under section 37(1);

“treaty” includes a convention, protocol, arrangement or agreement between two or more countries;

“treaty country” means a country —

(a)

with which Brunei Darussalam has an extradition treaty; and

(b)

where the treaty is a bilateral extradition treaty, that is specified in Schedule 3;

Extradition 12

“writing” includes facsimile, electronic mail and any other means of communication which is able to be reproduced in printed form.

(2)

An arrest warrant, provisional arrest warrant, surrender warrant and temporary surrender warrant shall be in the appropriate form in

Schedule 4.

Read on from s 3

Part 2

Read on from Part 2

Part

To Commonwealth Countries

Read on from Part

Part 4

Read on from Part 4

Part

To Treaty Countries

Read on from Part

Part

To Other Countries

Read on from Part

Part

Search, Seizure and Transit

Read on from Part

Part

Extradition to Brunei Darussalam

Read on from Part

Part

General

Read on from Part

Schedules