Order · As enacted
Internal Security (Detained Persons) Order, 1964
Official textFrom Attorney General's Chambers, unchanged
s 3
(1)
The administration of a place of detention Administration.
shall be vested in a Superintendent.
The powers and duties of a Superintendent under these Orders may be exercised and performed in the case of the absence or incapacity of the Super
intendent by the next senior officer present in place of the Superintendent.
s 4
Every Superintendent is hereby authorised Superintendent and required to keep and detain all detained persons peto detain rsons com-duly committed to his custody.
mitted to his custody.
s 5
Subject to the orders of the Mentri Besar,
Administration the control of officers of place of detention through-ofdoffi1cers f
.
.
an paces °
out the State of Brunei shall be vested m the Super-detention.
intendent who may from time to time make such transfers and direct the employment and distribution of officers as he may think fit.
Subject to the orders of the Mentri Besar the general charge and administration of places of de
tention in the State of Brunei shall be vested in the
Superintendent.
s 6
(1)
The Mentri Besar may appoint an Officer-Appointment in-Charge of places of detention for the State of of 0f!icers
SI7"/1.3
B
.
d
S'
d d D and ISsue runei an so many upermten ents an eputy of Standing
Superintendents as he may think necessary.
Orders.
The Superintendent may make and issue orders, to be called "Standing Orders", not inconsist-ent with the provisions of these Orders.
s 7
Subject to the orders of the Mentri Besar, Dutie᪽of the Superintendent shall supervise and control all Superintendent, matters in connection with any place of detention the administration of which is vested in him, and shall be responsible to the Mentri Besar for the con-duct and treatment of the officers and detained persons under his control, and for the due observance by officers and detained persons of the provisions of these Orders and of all written law, Standing Orders,
Regulations and Rules relating to detained persons and places of detention.
323
Appointment of Medical and Dental
Officers.
Terms of engagement of officers.
Appointment of subordinate officers.
Interdiction, suspension and dismissal.
Uniform and accoutrements.
Delivery of uniform, etc.
on leaving.
8, (1)
The State Medical Officer shall appoint a
Medical Officer and a Dental Officer for each place of detention.
If the circumstances do' not permit of the
State Medical Officer making an appointment under paragraph
the
State
Medical
Officer may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Den
tal Officer of any specified place of detention.
Whenever a
Medical
Officer or
Dental
Officer is, owing to illness or temporary absence or for any other sufficient reasons, unable to perform his duties as such Medical or Dental Officer, the
Superintendent shall arrange with the
Medical
Department locally or through the State Medical
Officer that such duties shall be performed by a member of the staff of the Medical Department.
s 9
All officers shall be engaged in accordance with the conditions of contract applicable to them at the date of their engagement.
s 10
A subordinate officer may be promoted by the Superintendent.
s 11
A Superintendent or Deputy Superintendent and a subordinate officer may be interdicted, sus
pended or dismissed in accordance with
General
Orders of the State of Brunei for the time being in force:
Provided that, where in the opinion of the
Superintendent it is essential in the interest of security and discipline of a place of detention that an officer should cease forthwith to exercise the functions of his office, the Superintendent may inter
dict such officer from duty pending an investigation.
s 12
Every officer shall be provided with such staves, arms, ammunition, uniform and other ac
coutrements that may be prescribed by the Super
intendent.
s 13
Every person upon ceasing to be an officer shall forthwith deliver up to the Superintendent of 324
Cap. 22.
the place of detention in which he is serving at the time of ceasing to be an officer, every article of uniform and clothing and all arms, accoutrements, ammunitions, staves and other effects of every kind belonging to the Government.
Any person who fails to comply with the provisions of paragraph (1)
shall be liable to im
prisonment for three months and to a fine of $50
and in .addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the Court and shall be recoverable as if it were a fine.
Every person not being a person employed by or in a place of detention who shall have in his possession any .article being part of the clothing, accoutrements, or other effects supplied to any officer and who shall not be able satisfactorily to account for his possession of the same shall be liable to imprisonment for three months and to a fine of
$50.
s 14All
Superintendents and
Deputy
Super-Officers intendents
Medical Officers
Dental Officers and deemed public
.
'
.
'
servants.
subordmate officers appomted under these Orders shall be deemed to be public servants within the meaning of the Penal Code.
s 15
Every officer may use weapons against any Use of detained person escaping or attempting to escape:
weapons.
Provided that resort shall not be had to the use of any such weapons unless such officer has rea
sonable ground to believe that he cannot otherwise prevent the escape.
Every officer may use weapon on any de
tained person engaged in_any combined outbreak or in any attempt to force or break open the outside ga te or door or enclosure wall of the place of deten
tion, and may continue to use such weapons so long as such combine outbreak or attempt is actually being prosecuted.
Every officer may use weapons against any detained person using violence to any officer or other 325
Officers to have powers of police officer.
Offences concerning supplies.
person, provided that such officer has reasonable grounds to believe that the officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.
Before using firearms against a detained person under the authority conveyed in paragraph
( 1 ), the officer shall give a warning to the detained person that he is about to fire on him.
No officer shall, in the presence of a superior officer, use arms of any sort against a detained person in the case of an outbreak or attempt to escape ex
cept under the orders of such superior officer.
( 6)
The use of weapons under this Order shall be, as far as possible, to disable and not to kill.
Every police officer and every member of
Her Majesty's Forces or of any local force estab
lished under any written law, who is for the time being serving in the capacity of an escort guard or of a guard in or about the place of detention for the purpose of ensuring the safe custody of any detained persons in such place of detention shall be deemed to have all powers and privileges granted tc an officer under this Order.
s 16
Every officer while acting as such shall have by virtue of his office all the powers, authorities, protection and privileges of a police officer.
No officer nor any Medical Officer nor any
Dental Officer shall directly or indirectly have any pecuniary interest in the purchase of any place of detention supplies, or receive any discounts, gifts or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with 326
detained persons or with their friends with regards to them or on behalf of any detained person or any unauthorised communications with any person.
Any person who contravenes any provision of this Order shall be liable to imprisonment for 12
months and to a fine of $1,000 and may in addition be dismissed from his office and all arrears of pay may be forfeited.
s 18
(1)
No money or other consideration shall on Payment of h b bl idv zi money any pretext w atsoever e paya e, pat
, gIVen or forbidden.
promised by or on behalf of any detained person, either on his entry into, commitment to, continuance in, or discharged from any place of detention, to any officer; and any officer receiving or demanding any such money or other consideration or the promising of such money or other consideration or undertaking any service in consideration of receiving or promise of such money or other consideration shall be liable to imprisonment for six months and to a fine of
$200.
Any person convicted under this Order may be dismissed from his office, and all arrears of pay due to him may be forfeited.
s 19
Every Superintendent shall be responsible Maintenance for seeing that all proper records are kept, of all of records.
such circumstances, and of any correspondence con-nected with such circumstances, as affect the interest of particular detained persons.
s 20A
Superintendent shall keep a
Journal Journal.
wherein he shall record all matters of importance relating to the place of detention or detained persons.
s 21
A Sunerintendent shall ensure that a detain-Detained hL h d 1
.
1"
persons ed person w 0
a a comp amt or app ications to complaints, make is allowed to make them, and that the Med-etc.
ical Officer's instructions are carried into effect, and the Superintendent shall pay special attention to those detained persons who are in hospital or are undergoing punishment.
22 .:( 1)
The food of detained persons shall be in Diet .scale
.
accordance with the scales set out hereto or such ᪽᪽᪽᪽i᪽.ectlOn 327
other diet scales as may from time to time be approved by the Mentri Besar on the recommenda
tions of the State Medical Officer.
A Superintendent shall, from time to time, and not less than once a week, visit the detained persons and shall enquire into any complaints that may be made regarding the rations and take im
mediate action to remove the cause of such com
plaint which appears to be justified.
The Super
intendent shall ensure that foodstuffs are of good quality and every detained person receives the rations to which he is entitled by law and no devia
tion from the authorised scale is permitted except by the written authority of the Medical Officer.
Copy of the diet scales shall be displayed ill some conspicious part of the place of detention.
Scales and standard rates and measures shall be provided for weighing the food supplied to de
tained persons.
( 5)
A detained person ordered to be kept on punishment diet shall have substituted for his ordinary diet the punishment diets as prescribed unless otherwise ordered by the Medical Officer.
Inspection of 23.
The
Superintendent or the next senior foodstuffs.
officer shall daily inspect and superintend the issuing of the detained persons' meals and whenever pos
sible, shall weigh the rations supplied to the detained persons when delivered by the contractor.
A record shall be made of such check in a book kept for such purpose.
Rations to be in accordance with diet scales.
s 24
The Superintendent shall ensure that every article of food supplied for the use of the detained persons is sound and of good quality, and that the scales, weighs and measures in use in the place of detention are accurate and in proper order.
A
Superintendent shall take special care to see that the rations issued are strictly in accordance with the prescribed scales of diet and that every detained person receives the diet to which he is entitled.
s 25
(1)
The Superintendent shall, upon the danger- ᪽ea᪽:If ous illness or death of any detained person, give p᪽᪽᪽:᪽
immediate notice thereof to the most accessible known relative of the detained person or of the deceased as the case may be.
The Superintendent shall, upon the death of the detained person give immediate notice thereof to the nearest Magistrate in the State and report the death to the Police.
s 26The
Superintendent shall without delay Detained report to the Medical Officer any case of mental !::!᪽᪽lY disorder or apparent mental disorder.
unsound.
s 27
(1)
The Mentri Besar may permit any respon-Visitors to sible person, who has good reasons, to view a place vlf'ewD plac᪽
f detenti bl h
. d b 0
etentton.
o etention at reasona e ours accompame yan officer.
Visitors shall give their names and addresses and sign their names in the Visitors Book and are liable to be searched by the order of the Super
intendent.
The Superintendent may remove from a place of detention any visitor to the place of deten
tion whose conduct is improper.
s 28
A Superintendent shall keep or cause to be Booksd antd recor
S
0
kept
-
be kept.
An Admission Register, and a Record of all detained persons committed, with date of commitment and the date at which such detention will lapse, and the name, age, height, weight, partic
ular marks and general appearance of detained person and any other partic
ulars which may be required;
A Daily Release Book, in diary form, wherein he shall enter, when admitted, the name of every detained person under the proper date upon which such detained persons is to be released;
( c )
a Detained Persons Effects Book to be kept in the approved form;
329
Petitions by detained persons.
Retention and care of property.
a Detained Persons' Punishment Book, wherein shall be recorded the name of every detained person punished for offences, the punishment inflicted and the name of the officer. ordering the punishment and also the certificate of the Medical Officer as to whether the detained person is physically fit to undergo punishment as ordered, and the date;
( e)
An account of all receipts and disburse
ments;
an Unofficial Visitors Book, containing a record of all unofficial visitors to the place of detention;
an Official Visitors Book;
a list of books and documents commit
ted to his care;
a
Fine and
Reward
Account
Book showing the amounts and disposal of all fines and forfeitures levied from the staff; and
such other books Or records which the
Superintendent may direct.
s 29
A Superintendent shall, without delay, sub
mit to the Mentri Besar any petition received from a detained person.
s 30
Moneys and other articles whatever in pos
session of, or sent in to, any detained person, not expressly allowed by these Orders, shall be taken from such detained person.
Such property shall be inventoried in the Register of Property, which shall be signed by the detained person.
( 2) Any article of a perishable or dangerous nature may be destroyed.
A Superintendent shall take particular care to see that every precaution is taken to ensure the safe custody of detained persons' property and to prevent the loss or misappropriation of any such property.
s 31
A Superintendent shall report to the Mentri Reports to
B
11
.
1
b k f di
Mentri Besar.
esar a escapes, senous ass au t, out reaxs 0
isease or any occurrences of an unusual or serious nature.
s 32
In cases of sudden emergency, the Super-Action in intendent shall take such action as may in the case of
.
b he narti emergency.
Circumstances e necessary, enter t e particulars III his Journal, and forthwith make a report of the same to the Mentri Besar.
s 33
The Superintendent shall keep strict sur-Contro᪽of
'11
h di f h bl'
expenditure vel ance over t e expen iture 0
sue pu
IC money
.
as may be allocated to the place of detention, and he shall ascertain that all moneys received are pro-perly accounted for.
s 34
(1)
The Superintendent shall ensure that every detained person is strictly searched on admission, and that all knives, weapons, instruments, money, opium or anything forbidden by these Orders, or in his opinion objectionable, or anything likely to facilitate escape, are taken from the detained per-sons.
A Superintendent may cause any dangerous or objectionable article to be destroyed.
Female detained persons shall be searched only by a Wardress.
s 35
Every subordinate officer shall permit him-Searching of self to be searched within a place of detention or officers.
within his quarters, and likewise he shall submit to the search of his quarters by Superintendent or by any other officer in accordance with such directions as the Superintendent may see fit to give.
Female officers shall be searched by only members of their own sex.
Searching of detained persons.
s 36Subordinate officers shall not be absent
Absence from from their places of detention during hours of duty duty.
without leave from the Superintendent and before leaving the place of detention at any time they shall leave their keys, arms and books in the place or places appointed.
s 37
No officer or any person employed in the place of detention shall make any unauthorised com-
331
Unauthorised communications.
Female staff, quarters and absence.
Searching of female detained persons.
Offences by officers and punishment.
munications concerning any place of detention or detained person whatever, and shall not, without the written authority of the Mentri Besar, commu
nicate to the public press information derived from official sources or connected with his duties or the place of detention, and any such communication by an officer without authority, will be regarded as a breach of confidence and will render him liable to dismissal.
s 38
The Senior Wardress shall reside in such quarters as may be assigned to her.
She shall not be absent from her quarters without leave from the
Superintendent except during such hours as shall from time to time be fixed by him, and in case of such absence the next Senior female officer shall have the same powers and be subject to the same responsibilities as a Senior Wardress.
s 39
The Senior Wardress shall search, or cause to be searched, every female detained person on ad
mission and so often afterwards as may be directed by the Superintendent or as he thinks necessary.
s 40
A subordinate officer who shall be guilty of any of the following disciplinary offences, namely:-
absence from duty without good cause;
sleeping on duty;
neglect or disobedience of orders;
being under the influence of alcohol or drugs while on or off duty;
insubordination;
neglect of duty;
(g_2 wilful destruction of or careless loss of or injury to Government property;
malingering;
using personal violence to any detain
ed person save in the case of (1)
re
peated refusal to obey a lawful order;
self-defence;
or
defence of any other officer; person or detained person;
instigating or permiting any detained person to commit any crime or offence against place of detention discipline;
allowing unauthorised persons to com
municate with detained persons;
borrowing money from or lending money to any other officer;
bring in spirituous or fermented li
quor or any prohibited article into the place of detention;
being improperly dressed when in uniform;
reporting late for duty;
losing supervision over the detained persons in his or her charge;
selling or making away with any part of his or her uniform equipment or accoutrements;
trafficking with detained persons;
using personal violence or threats to
wards any officer;
any other conduct to the prejudice of good order or discipline or the securi
ty of a place of detention or in viola
tion of these Orders, shall be liable on conviction before a Superintendent to anyone or more of the following punishments
-
summary dismissal, subject to confirmation by the
Mentri
Besar;
reduction in rank, subejct to confirmation by the
Mentri
Besar;
forfeiture of not more than fifteen days pay;
extra duties not exceeding four;
extra drills, not exceeding seven;
333
Appeal to
Mentri Besar.
Adjudication by Superin
tendent.
Assault on senior officer.
( vi )
severe reprimand; and
reprimand:
Provided that in case of absence without a good cause forfeiture of pay may extend to the period of absence in addition to any other punishment inflicted:
Provided further that on convic
tion under paragraph (g)
any such officer shall be liable to pay the value of the property destroyed, lost or damaged.
s 41
A subordinate officer may appeal to the
Mentri Besar against any punishment order under
Order 40 and the Mentri Besar may reduce or con
firm any such punishment.
s 42
( 1) If it shall appear to a Superintendent that an offcence punishable under Order 40 is of such a grave character as to require a more severe punish
ment than any therein prescribed, then such Super
intendent shall direct that the person accused be charged before a Magistrate, and such persons shall be liable to imprisonment for six months and to a fine of five hundred dollars:
Provided that if the offence relates to the des
truction or loss or of injury to Government property the person convicted shall in addition be liable to pay the value of the property destroyed, lost, or injured, which value shall be summarily be ascer
tained by the Court and shall be recoverable as if it were a fine.
A subordinate officer convicted by a Magis
trate under this Order shall, unless the conviction is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be forfeited.
An officer who shall assault, threaten or insult any officer senior to him when such senior officer is on duty or when such assault, threat or in
sult shall relate to or be consequent upon the discharge of duty by the officer so assaulted, threa-
334
tended or insulted shall be liable on conviction before a Magistrate to imprisonment for six months and to a fine of five hundred dollars.
Any person convicted under this
Rule, shall, unless the conviction is reversed on appeal be dismissed from his office and all arrears of pay due to him be forfeited.
Every person who without lawful Trafficking.
authority
-
conveys, supplies or causes to be sup
plied or conveyed to any detained per
son, or hides or places for his use any letter or document or any intoxi
cating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article what
soever;
or
brings or attempts by any means whatever to introduce into any place of detention, or places or attempts to place where detained persons shall labour, any letter or document or any intoxicating liquor, tobacco, bhang or hemp, opiate, drug, money, clothing, provisions or any other article to be sold or used therein; or
brings or attempts to bring out of any place of detention, or conveys from any detained person any letter, docu
ment or other article; or
communicates with any detained per
son; and
Every officer who without lawful authority
-
knowingly suffers any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothings, provisions, letter, document or other article to be sold to or received or used by or on behalf of any detained person; or 335
Officers
Reward Fund.
Custody during removal.
Bedding.
Discharge of detained persons.
lends or gives to any detained person any such intoxicating liquor, tobacco, bhang or hemp, opiate, drug, money, clothing, provisions or other article;
or
knowingly suffers any letter, docu
ment or other article to be brought out of any place of detention, or to be conveyed from any detained per
son, shall be liable on conviction by a Magistrate to im
prisonment for six months and to a fine of one thou
sand dollars, and an officer shall, unless the convic
tion is reversed on appeal, be dismissed from his office and all arrears of pay due to him may be for
feited.
s 45All pay which is forfeited by fines inflicted upon officers under these Orders shall be paid into a fund to be called "The Officers' Reward Fund."
This Fund shall be administered by the Superinten
dent in accordance with Rules to be made by the
Mentri
Besar.
s 46A detained person who has been removed or transferred from one place of detention to an
other, or for whose production at any place an order has been made shall, while outside a place of detention be deemed to be in the lawful custody of a Superintendent of the place of detention from which he had been removed or transferred.
s 47
Every detained person shall be supplied with bedding adequate for warmth and health in accordance with the scale approved by the Superin
tendent.
Additional bedding may be authorised in special circusmstances on recommendations of the
Medical Officer.
s 48
A Superintendent shall be responsible for the due discharge of all detained persons immediate
lyon their becoming entitled to release.
If a detained person escape by breach of a Eflscapes and
•
0
enc᪽
place of detention or otherwise out of custody, he connec᪽ed may be retaken in the same manner as a person con-therewith.
victed of crime against the law of the
State of
Brunei may be retaken on an escape.
Any person who is guilty of the offence of so escaping or of attempting to escape, or of aiding or attempting to aid any such detained persons so to escape, shall be deemed to have committed an offence against the law of the State of Brunei, and may be tried and punished accordingly.
s 50
A Medical Officer shall, if necessary, tend the place of detention daily.
at
-
Attendance at place of detention by
Medical
Officer.
s 51
The Medical Officer shall examine every Examinat!op.
detained person sentenced for punishment for any of, and .VlSlts to, detained offence before any such punishment is carried out persons.
and certify whether in his opinion such punishment can be inflicted without the probability of serious injury be caused thereby.
He shall visit such of the detained persons as are sick; he shall see every de-tained person sentenced to close confinement once a day.
s 52
The Medical Officer shall report to the Mentally ᪽n-Superintendent the case of any detained person ᪽᪽':!s᪽etamed whose mind has been or appears likely to be in-injuriously affected, and give such written directions in the case as he may think proper.
He shall re-port in writing the case of any detained person ap-pearing to be mentally disordered.
s 53
The Medical Officer shall report in writing
Sick detained to the Superintendent the case of any detained per-persons.
son to which he thinks it necessary on medical grounds to draw attention, and shall make such re
commendations as he deems needful for the altera-tion of the discipline or treatment of the detained person or for the supply of additional articles to the detained person.
The Superintendent shall as far as it is practicable carry into effect any written re
commendation made by the Medical Officer.
337
Detained per
sons unfit for detention.
Medical Officer to inspect place of detention.
Death of detained person.
Infectious or contagious diseases.
s 54
Whenever the Medical Officer either on his own observations or on report by the Superinten
dent is of the opinion that the life of any detained person will be endangered by his continuance in a place of detention or that any sick person will not survive his detention or is totally and permanently unfit for place of detention discipline, he shall state his opinion, and the grounds therefor, in writing to the Superintendent, who shall forward the same to the Officer-in-Charge.
s 55At least once in every month a Medical
Officer shall inspect every part of the place of de
tention with special reference to the sanitary state of the place of detention, the health of the detained persons and adequacy and proper cooking of the diets; and he shall ensure that the body weights of detained persons are properly recorded and shall periodically review them.
s 56
A Medical Officer shall forthwith, on the death of any detained person, enter in his
Case
Book the time when the illness, if any, was first observed; when it was first reported to him; when it assumed a dangerous character; the nature of the disease or other cause of death; the time of death and an account of the appearance after death, to
gether with any special remarks that appear to him to be necessary;
and the result of post-mortem examination, if any.