Prevention of Corruption Act · 2019 Revised Edition · Part · Offences
7. Increase of maximum penalty in certain cases; offences taken into consideration
Official textFrom Attorney General's Chambers, unchanged
A person convicted of an offence under section 5 or 6 shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with any public body, or a sub-contract to execute work comprised in such a contract, be liable on conviction to a fine of $30,000 and imprisonment for 10 years.
public body
“public body” includes — (a) the Government of Brunei Darussalam; (b) any department, or service or undertaking of the Government of Brunei Darussalam; (c) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Brunei Darussalam or any part thereof relating to local Government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to the Government or money raised by rates, taxes or charges in pursuance of any written law in force in Brunei Darussalam; (d) any board, commissioners, committee or other body specified in the Schedule; (e) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c) or (d), has controlling power or interest.
Where a person charged with two or more offences for the acceptance of gratification in contravention of this Act is convicted of one or
gratification
“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
Prevention of Corruption some of those offences, and the other outstanding offences are taken into consideration by the court for the purpose of passing sentence, the court may increase the penalty mentioned in subsection (1) by an amount not exceeding the total amount or value of the gratification specified in the charges for the offences so taken into consideration.
Terms defined in s 2
gratification
Defined · s 2“gratification” includes — (a) money or any gift, loan, fee, reward, valuable security or other property or interest in property of any description, whether movable or immovable; (b) any office, dignity, employment, contract or services and any agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability whatsoever, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any aid, vote, consent or influence or pretended aid, vote, consent or influence, and any promise or procurement of, or agreement or endeavour to procure, or the holding out of any expectation of, any gift, loan, fee, reward, consideration or gratification within the meaning of this paragraph; (g) any other service, favour or advantage of any description whatsoever, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (h) any offer, undertaking or promise of any gratification within the meaning of paragraphs (a) to (g);
public body
Defined · s 2“public body” includes — (a) the Government of Brunei Darussalam; (b) any department, or service or undertaking of the Government of Brunei Darussalam; (c) any corporation, council, board, commissioners or other body which has power to act under and for the purpose of any written law in force in Brunei Darussalam or any part thereof relating to local Government, public health or undertakings of public utility, or otherwise has power to administer funds belonging to the Government or money raised by rates, taxes or charges in pursuance of any written law in force in Brunei Darussalam; (d) any board, commissioners, committee or other body specified in the Schedule; (e) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c) or (d), has controlling power or interest.
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