Royal Brunei Armed Forces Act · s 122

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

122.
Boards of inquiry
(1) Subject to and in accordance with the provision of rules made by
His Majesty the Sultan and Yang Di-Pertuan* under this section (in this Act referred to as board of inquiry rules), His Majesty the Sultan and Yang Di-Pertuan or any such officers as His Majesty the Sultan and Yang Di-Pertuan may appoint in that behalf (in this section referred to as the convening authority) may convene a board of inquiry and refer to them any matter connected with the government, discipline, administration or functions of the
Armed Forces or the Reserve Regiment or affecting any person subject to military law.
(2) A board of inquiry shall investigate and report on the facts relating to any matter referred to it and, if directed by the convening authority to do so, express their opinion on any question arising out of such matter.
(3) A board of inquiry shall consist of —
(a) a president, who shall be an officer not below the rank of
Captain and be subject to military law; and
(b) not less than two other members each of whom shall either be a person so subject or be a person not so subject who is in the service of His Majesty the Sultan and Yang Di-Pertuan.
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]

Royal Brunei Armed Forces 96
(4) A board of inquiry may —
(a) summon any person to give evidence on oath or affirmation, except in circumstances such that if the evidence were being taken at a court-martial, an oath could be dispensed with;
(b) summon any person to produce any document or material necessary for the purpose of the inquiry;
(c) visit any place in order to inquire into any matter which may arise in the course of the inquiry;
(d) save as otherwise provided in this Act or in board of inquiry rules, act in such manner as they consider most expedient and receive any evidence which they consider relevant to the matter referred to them, whether oral or written and whether or not it would be admissible in a civil court.
(5) Where it appears to a board of inquiry that any witness or other person subject to military law may be affected by its findings, they shall notify him thereof and give him an opportunity of being present, and represented, at the sittings of the board or such part thereof as the president may specify.
(6) Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings for an offence against section 72 where the corresponding civil offence is an offence under section 193 of the Penal Code (Chapter 22).
(7) A board of inquiry shall not sit in public and no person shall be allowed to attend an inquiry or address the board except with the permission of the president or upon the direction of the convening authority.
(8) The president shall —
(a) record or cause to be recorded in writing the proceedings of the board of inquiry;
(b) read or cause to be read over to each witness the evidence given by the witness before the board of inquiry, and the witness shall sign the record thereof;

Royal Brunei Armed Forces
(c) forward to the convening authority a record of the proceedings of the board of inquiry which shall be signed by the president and the other members of the board.
(9) For the removal of doubt, it is hereby declared that the proceedings of a board of inquiry are a judicial proceeding for the purposes of section 193 of the Penal Code (Chapter 22).

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 122Boards of inquiry

(1)

Subject to and in accordance with the provision of rules made by

His Majesty the Sultan and Yang Di-Pertuan* under this section (in this Act referred to as board of inquiry rules), His Majesty the Sultan and Yang Di-Pertuan or any such officers as His Majesty the Sultan and Yang Di-Pertuan may appoint in that behalf (in this section referred to as the convening authority) may convene a board of inquiry and refer to them any matter connected with the government, discipline, administration or functions of the

Armed Forces or the Reserve Regiment or affecting any person subject to military law.

(2)

A board of inquiry shall investigate and report on the facts relating to any matter referred to it and, if directed by the convening authority to do so, express their opinion on any question arising out of such matter.

(3)

A board of inquiry shall consist of —

(a)

a president, who shall be an officer not below the rank of

Captain and be subject to military law; and

(b)

not less than two other members each of whom shall either be a person so subject or be a person not so subject who is in the service of His Majesty the Sultan and Yang Di-Pertuan.

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

Royal Brunei Armed Forces 96

(4)

A board of inquiry may —

(a)

summon any person to give evidence on oath or affirmation, except in circumstances such that if the evidence were being taken at a court-martial, an oath could be dispensed with;

(b)

summon any person to produce any document or material necessary for the purpose of the inquiry;

(c)

visit any place in order to inquire into any matter which may arise in the course of the inquiry;

(d)

save as otherwise provided in this Act or in board of inquiry rules, act in such manner as they consider most expedient and receive any evidence which they consider relevant to the matter referred to them, whether oral or written and whether or not it would be admissible in a civil court.

(5)

Where it appears to a board of inquiry that any witness or other person subject to military law may be affected by its findings, they shall notify him thereof and give him an opportunity of being present, and represented, at the sittings of the board or such part thereof as the president may specify.

(6)

Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings for an offence against section 72 where the corresponding civil offence is an offence under section 193 of the Penal Code (Chapter 22).

(7)

A board of inquiry shall not sit in public and no person shall be allowed to attend an inquiry or address the board except with the permission of the president or upon the direction of the convening authority.

(8)

The president shall —

(a)

record or cause to be recorded in writing the proceedings of the board of inquiry;

(b)

read or cause to be read over to each witness the evidence given by the witness before the board of inquiry, and the witness shall sign the record thereof;

Royal Brunei Armed Forces

(c)

forward to the convening authority a record of the proceedings of the board of inquiry which shall be signed by the president and the other members of the board.

(9)

For the removal of doubt, it is hereby declared that the proceedings of a board of inquiry are a judicial proceeding for the purposes of section 193 of the Penal Code (Chapter 22).