Public Order Act · 2021 Revised Edition · Part 2
29A. Carrying etc. incendiary device
Official textFrom Attorney General's Chambers, unchanged
Any person who in any place, whether or not a public place, carries or has in his possession or under his control any device known as a molotov cocktail or any other type of incendiary device, whether or not similar thereto, used or capable of being used to start or keep any fire, otherwise than with lawful authority or solely for a lawful purpose is guilty of an offence and liable on conviction -
public place
"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;
if the place is in the vicinity of a petroleum pipeline, gas pipeline, water supply pipeline, electrical supply installation or any property declared to be prescribed property to which section 435(l)(b) of the Penal Code (Chapter 22) applies, to imprisonment for life; or
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in any other case, to imprisonment for a term of not less than one year and not exceeding 10 years and whipping with not less than 3 strokes.
In any prosecution for an offence under subsection (I), the onus of proving that the accused carried such device or had in it his possession or under his control solely for a lawful purpose shall lie upon the accused.
a
A person shall be presumed to have lawful authority for the purposes of this section if he carries or has in his possession or under his control any such device -
in or in connection with the performance of his duty as a member of any security force or as a person in the service of
Government or of any local authority in Brunei Darussalam; or
as part of his official or ceremonial dress on any official or ceremonial occasion.
For the purposes of subsection (1). it is immaterial whether or not the device is visible or whether or not it is concealed in any way whatsoever.
Terms defined in s 2
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;
security force
Defined · s 2"security force" means the police force, the Royal Brunei Armed Forces, Gurkha Reserve Unit, any other armed force for the time being in Brunei Darussalam or any visiting force present for the time being in Brunei Darussalam by virtue of any written law or by virtue of any lawful arrangement made by or on behalf of the Government;