Royal Brunei Armed Forces Act · s 132

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132.
Compensation for loss occasioned by wrongful act or negligence
(1) Without prejudice to the provisions of this Act dealing with stoppages as a punishment, the following provisions shall have effect where, after such investigation as may be prescribed by regulations made by His
Majesty the Sultan and Yang Di-Pertuan* it appears to the competent authority that any loss of, or damage to, public or service property has been occasioned by any wrongful act or negligence of an officer or soldier (in this section referred to as the person responsible).
(2) The competent authority may order the person responsible
(whether or not he is a member of the Armed Forces at the time when the order is made) to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.
(3) No order shall be made under subsection (2) if, in proceedings under this Act before a court-martial, the appropriate superior authority or the commanding officer of the person responsible, that person —
(a) has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question; or
(b) has been awarded stoppages in respect of the same loss or damage, but except as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under subsection (2).
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces 106

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s 132Compensation for loss occasioned by wrongful act or negligence

(1)

Without prejudice to the provisions of this Act dealing with stoppages as a punishment, the following provisions shall have effect where, after such investigation as may be prescribed by regulations made by His

Majesty the Sultan and Yang Di-Pertuan* it appears to the competent authority that any loss of, or damage to, public or service property has been occasioned by any wrongful act or negligence of an officer or soldier (in this section referred to as the person responsible).

(2)

The competent authority may order the person responsible

(whether or not he is a member of the Armed Forces at the time when the order is made) to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.

(3)

No order shall be made under subsection (2) if, in proceedings under this Act before a court-martial, the appropriate superior authority or the commanding officer of the person responsible, that person —

(a)

has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question; or

(b)

has been awarded stoppages in respect of the same loss or damage, but except as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under subsection (2).

* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces 106