International Transfer of Prisoners Act · 2011 Revised Edition · Part · General
17. Transit
Official textFrom Attorney General's Chambers, unchanged
Where —
a designated country has agreed with a third country to transfer a prisoner into or out of its territory pursuant to an arrangement relating to the transfer of convicted prisoners; and
that country seeks permission for the prisoner and any escorting officer to land and transit in Brunei Darussalam during the course of the transfer, the Minister shall, subject to subsection (2), issue his authority for the transit in Form 5 of the Schedule.
The Minister may refuse to issue an authority for transit where —
the person sought to be transferred is a citizen of
Brunei Darussalam;
the offence for which the sentence was imposed is not an offence under the law of Brunei Darussalam; or
the person being transferred is wanted in Brunei Darussalam in respect of any offence against the law of Brunei Darussalam.
An authority issued under subsection (1) shall authorise the holding of the prisoner in custody in Brunei Darussalam for such time as is reasonably necessary to facilitate the transfer between the requesting country and the country of destination.
prisoner
“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
A person who is being transferred pursuant to an authority issued under subsection (1) shall not, while in Brunei Darussalam, be detained or otherwise subjected to any restriction on his liberty in respect of an offence committed or sentence imposed prior to his departure from the sentencing country.
Terms defined in s 2
designated country
Defined · s 2“designated country” means a country designated in accordance with section 3(1);
prisoner
Defined · s 2“prisoner” means any person who has been convicted of an offence and sentenced to imprisonment in Brunei Darussalam or in any designated country;
transfer
Defined · s 2“transfer” means transfer of a prisoner — (a) from a designated country to Brunei Darussalam; or (b) from Brunei Darussalam to a designated country.