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bruneilawsby aturio
In force1984 Revised Edition
Contents

Part 8

194. General provisions as to evidence

(1)

The following provisions shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.

(2)

A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person enlisted.

(3)

The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.

(4)

A letter, return or other document stating that any person —

(a)

was or was not serving at any specified time or during any specified period in the Armed Forces or the Reserve Regiment or was discharged from the Armed Forces or the Reserve Regiment at or before any specified time; or

Royal Brunei Armed Forces

(b)

held or did not hold at any specified time rank or appointment in the Armed Forces or the Reserve Regiment, or had at or before any specified time been attached, posted or transferred to any unit of the Armed Forces or the Reserve Regiment, or at any specified time or duration any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place; or

(c)

was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe or emblem, shall, if purporting to be issued by the Commander, be evidence of the matters stated in the document.

(5)

A record made in any service book or other document prescribed by General Orders for the purposes of this subsection, being a record made in pursuance of any written law or of General Orders, or otherwise in pursuance of military duty, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record (including the signature thereto)

in any such book or other document, purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.

(6)

A document purporting to be issued by order of the competent authority and to contain instructions, directions or regulations given or made by His Majesty in Council or the competent authority shall be evidence of the giving of the instructions or directions or making of the regulations and of their contents.

(7)

A certificate purporting to be issued by the Commander and stating that —

(a)

a decoration of a description specified in or annexed to the certificate is a military decoration; or

(b)

a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorised by His

Majesty the Sultan and Yang Di-Pertuan, shall be evidence of the matters stated in the certificate.

Royal Brunei Armed Forces 138

(8)

A certificate purporting to be signed by a person’s commanding officer or any officer authorised by him to give the certificate, and stating the contents of, or of any part of, standing orders or other routine orders of a continuing nature made for —

(a)

any formation or unit or body of troops;

(b)

any command or other area, garrison or place; or

(c)

any ship, train, vehicle or aircraft, shall in proceedings against that person be evidence of the matters stated in the certificate.

Report

Read on from s 195

Part 9

Read on from Part 9

Schedules