Extradition Act · 2024 Revised Edition · Part · Search, Seizure and Transit
49. Transit
Official textFrom Attorney General's Chambers, unchanged
The Attorney General may give permission to a country, in this subsection referred to as the second country, to transport through the territory of Brunei Darussalam any person who has been surrendered to the second country by a third country if —
country
“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;
the second country asked for transit permission before that person entered Brunei Darussalam; and
the second country is —
a Commonwealth country, a treaty country or a designated country; or
a country certified by the Attorney General for the purpose of the request.
If transit permission is given under subsection (1) —
a police officer may, in Brunei Darussalam, assist the foreign escort officer escorting that person; and
that person may be held in custody in Brunei Darussalam until his journey can continue.
If it is necessary to hold that person in custody for more than 48 hours, he shall be brought before a magistrate who may issue a warrant to commit him to custody.
Terms defined in s 2
Commonwealth country
Defined · s 2“Commonwealth country” means a country specified in Schedule 1;
country
Defined · s 2“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
Defined · s 2“designated country” means a country specified in Schedule 2;
foreign escort officer
Defined · s 2“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;
treaty country
Defined · s 2“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;