Act · 1984 Revised Edition
Internationally Protected Persons Act
Crimes against internationally protected personsOfficial textFrom Attorney General's Chambers, unchanged
If a person, whether a citizen of Brunei or not, does outside Brunei -
any act to or in relation to a protected per-son which, ·if he had done it in any part of Brunei would have made him guilty of the offence of mur-der, culpable homicide not amounting to murder, rape, voluntarily causing hurt, kidnapping, wrong-ful confinement or an offence under section 322,
324, 326, 328, 361, 368 or 369 of the Penal Code;
or
in connection with an attack on any relevant premises or on any vehicle ordinarily used by a protected person which is made when a protected person is on or in the premises or vehicle, any act which, if he had done it in any part of Brunei would have made him guilty of an offence under section 324, 326, 435 or 436 of the Penal Code, he shall in Brunei be guilty of the offences aforesaid of
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which the act would have made him guilty if he had done it there.
mencement
Attacks and threats of attacks on protected persons
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Internationally Protected Persons
If a person in Brunei or elsewhere, whether a citizen of Brunei or not -
attempts to commit an offence which, by vir-tue of the preceding subsection or otherwise, is an offence mentioned in paragraph (a) of that subsec-tion against a protected person or an offence men-tioned in paragraph (b) of that subsection in con-nection with an attack so mentioned; or
aids or abets the commission of such an off-ence or of an attempt to commit such an offence, he shall in Brunei be guilty of attempting to commit the offence in question or, as the case may be, of aiding or abetting the commission of the offence or attempt in ques-tion.
If a person in Brunei or elsewhere, whether a citizen of Brunei or not
makes to another person a threat that any person will do an act which is an offence men-tioned iri paragraph (a) of the preceding subsec-tion; or
attempts to make or aids or abets the mak-ing of such a threat to another person, with the intention that the other person shall fear that the threat will be carried out, the person who makes the threat or, as the case may be, who attempts to make it or aids or abets the making of it, shall in Brunei be guilty of an offence and liable on conviction to imprisonment for 10 years and not exceeding the term of imprisonment to which a person would be liable for the offence constituted by doing the act threatened at the place where the conviction occurs and at the time of the offence to which the conviction relates.
Internationally Protected Persons
( 4) For the purposes of the preceding subsection it is immaterial whether a person knows that another person is a protected person.
( 5) In this section -
"act" includes omission;
"a protected person" means, in relation to an alleged offence, any of the following, namely-
a person who at the time of the alleged off-ence is a Head of State, a member of a body which performs the functions of Head of State, a Head of
Government or a Minister for ~oreign Affairs and is outside the territory of the State in which he holds office;
a person who at the time of the alleged off-ence is a representative or an official of a State or an official or agent of an international organisation of an inter-governmental character, is entitled under international law to special protection from attack on his person, freedom or dignity and does not fall within the preceding paragraph;
a person who at the time of the alleged off-ence is a member of the family of another person mentioned in either of the preceding paragraphs and-
if the other person is mentioned in paragraph
above, is accompanying him,
if the other person is mentioned in paragraph
above, is a member of his household;
"relevant premises" means premises at which a protected person resides or is staying or which a protected person uses for the purpose of carrying out his functions as such a person; and 5
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Consent to prosecute
Internationally Protected Persons
"vehicle" includes any means of conveyance; and if in any proceeding a question arises as to whether a person is or was a protected person, a certificate issued by or under the authority of the Minister and stating any fact relating to the question shall be conclusive evidence of the fact.
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Proceedings for an offence which would not be an offence apart from the preceding section shall not be insti-tuted in Brunei except by or with the consent of the Attor-ney General.
In this section the expression "Attorney Gener-al" includes the Solicitor General.
An offence under section 2 (3) (a) of this Act shall be deemed to be included in the list of extradition cap.
crimes in the First Schedule of the Extradition Act.
Where no such arrangements as is mentioned in section 4 of the Extradition Act has been made with a State which is a party to the Convention mentioned in the title to this Act, His Majesty in Council may by Order apply that
Act as if the Convention were such an arrangement with the
State; but where that Act is applied by virtue of this subsec-tion it shall have effect as so applied as if the only extradi-tion crimes within the meaning of the Act were;
an offence mentioned in paragraph (a) of subsection (1) of section 2 of this Act which is committed against a protected person within the meaning of that section;
an offence mentioned in paragraph (b) of that subsection which is committed in connection with such an attack as is so mentioned;
an attempt to commit an offence mentioned in the preceding paragraphs; and
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Internationally Protected Persons
an offence under section 2 (3) of this Act.
For the purposes of the Extradition Act any act, wherever committed, which is an offence mentioned in the preceding subsection and an offence against the law of any
State in the case of which that Act is applied by an Order made by His Majesty in Council under section 4 of that Act shall be deemed to be an offence committed within the jurisdiction of that State.
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