Interpretation and General Clauses Act · 2022 Revised Edition · Part · Penal Provisions
37. Punishment for misdemeanours and other contraventions in absence of specific provision
Official textFrom Attorney General's Chambers, unchanged
If, by virtue of the Application of Laws Act (Chapter 2), a contravention of any act made by competent authority in the United
act
“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
Kingdom or any act constitutes a common law misdemeanour, and no express provision has been made for the punishment thereof, then, that act or that contravention may be punished by a fine and imprisonment for a term of 3 years, and a Court of a Magistrate shall have jurisdiction.
Subject as provided in subsection (3), a contravention of a written law which has not expressly been declared to be an offence shall constitute an offence: Penalty, in the case of a written law other than subsidiary legislation, a fine of $8,000 and imprisonment for 6 months; and, in the case of subsidiary legislation, a fine of $4,000.
written law
“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council, or any law which no authority in Brunei Darussalam is empowered to amend;
Subsection (2) does not apply —
if some other remedy is provided by the relevant Act;
without prejudice to disciplinary proceedings in respect thereof, if the contravention consists merely of the dereliction of a duty imposed on an officer in the Government service; or
to a breach of subsidiary legislation which contains any provision declaring which breaches shall constitute offences.
Interpretation and General Clauses 42
The penalties provided by subsection (2) shall be applicable also if a contravention of a written law has been declared to be an offence but no provision has been made for the punishment thereof.
offence
“offence” means any act punishable under any law for the time being in force in Brunei Darussalam;
Terms defined in s 3
act
Defined · s 3“act”, used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to omissions;
Magistrate
Defined · s 3“Magistrate” means a person appointed to be a Magistrate under the provisions of the Subordinate Courts Act or under any written law;
offence
Defined · s 3“offence” means any act punishable under any law for the time being in force in Brunei Darussalam;
subsidiary legislation
Defined · s 3“subsidiary legislation” means any regulation, order, Proclamation or other instrument made under any written law and having legislative effect;
United Kingdom
Defined · s 3“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland;
written law
Defined · s 3“written law” includes all Acts, Proclamation and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council, or any law which no authority in Brunei Darussalam is empowered to amend;
Part