Public Order Act · 2021 Revised Edition · Part 2
19. Powers to search for and seizure of offensive weapons etc.
Official textFrom Attorney General's Chambers, unchanged
For the purpose or under the circumstances mentioned in subsection (2). any police officer may in a special area, without warrant and with or without assistance -
stop and search any person or vehicle found in any public road or place; and
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Public Order
if such police officer is of or above the rank of Sergeant -
stop and search any person or vehicle. whether in a public place or not;
enter and search any premises;
board and search any vehicle, vessel or aircraft.
The powers conferred by subsection (1) shall be exercisable -
for the purpose of ascertaining whether such person, vehicle, vessel or aircraft as aforesaid is carrying. or such premises as aforesaid contain, any offensive weapon. subversive article or injurious thing; or
if the police officer concerned has reasonable grounds for believing that any evidence of the commission of an offence is likely to be found on such person or premises or in any such vehicle, vessel or aircraft:
Provided that any police officer below the rank of Sergeant may exercise the powers conferred by subsections (l)(b) and (2) on a police officer of or above the rank of Sergeant if he has reasonable grounds for believing that by reason of the delay which would be caused by referring the matter to an officer of or above the rank of Sergeant anything liable to seizure under subsection (4) is likely to be removed from the person, premises, vehicle, vessel or aircraft whereon such thing is believed to be.
No woman shall be searched under this section except by a woman.
Where any police officer exercising any power of search conferred on him by this section finds -
any offensive weapon or subversive article;
any injurious thing which he has reasonable grounds for believing to be intended or likely to be used for causing or contributing to the causing of injury to the person or to property; or
any evidence of the commission of an offence,
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to prevent the escape from arrest or the rescue of any person arrested as aforesaid; or
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to disperse any unlawful group.
Every person arrested under subsection (l)(a) shall as soon as possible after his arrest be clearly warned of the provisions of subsection ( 1 )(c).
Nothing in this section shall derogate from the right of private a defence contained in sections 96 to 106 of the Penal Code (Chapter 22).
His Majesty the Sultan and Yang Di-Pertuan in Council may amend the Schedule by notification published in the Gazette.
Powers of requisition 2lA. (1) The Commissioner of Police and any police officer authorised by him in that behalf in writing may require any movable or immovable property situated within any special area or any space or accommodation in any land, building, vessel, vehicle or aircraft within that area to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with such requirements.
The Commissioner of Police and any police officer so authorised may, during any period in which a declaration under section 3(1) is in force in respect of any district, area or place require any vessel, vehicle or aircraft in any place in Brunei Darussalam to be placed at his disposal and may give such directions as appear to him to be necessary or expedient in connection with such requirement.
The Minister may direct that any requisition made under this section shall cease to have effect to such extent and subject to such m qualifications, exceptions and conditions as may be specified or imposed by that direction.
No requisition shall be made under this section in respect of any vessel of more than 100 tons gross tonnage or any aircraft, without the prior approval of the Minister.
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Terms defined in s 2
injurious thing
Defined · s 2"injurious thing" means anything which is of such a nature or is present in such a quantity as to be capable of being used for causing or contributing to the causing of injury to the person or to property;
offensive weapon
Defined · s 2"offensive weapon" includes any instrument which if used as a weapon of offence is likely to cause hurt;
public place
Defined · s 2"public place" includes any highway, public street, public road, public park or garden, any sea beach, river, waterway, public bridge. lane, footway, square, court, alley or passage, whether a thoroughfare or not, any unalienated land, any theatre or place of public entertainment of any kind or other place of general resort admission to which is obtained by payment or to which the public have access. and any open space (whether enclosed or unenclosed) to which for the time being the public have or are permitted to have access, whether on payment or otherwise;
public road
Defined · s 2"public road" means any public highway or any road over which the public have a right of way or are granted access, and includes every road. street, bridge, passage. footway or square over which the public have a right of way or are granted access;
subversive article
Defined · s 2"subversive article" means any article which contains any subversive matter and any article purporting to be a subversive article shall be presumed to be a subversive article until the contrary is proved.