Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 9
204. Application of Act to civilians
Official textFrom Attorney General's Chambers, unchanged
Subject to the modifications specified in subsection (2), where any body of the Armed Forces or the Reserve Regiment is on active service,
Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
Part 5 applies to any person who is employed in the service of that body of the Armed Forces or the Reserve Regiment or any part or member of that body, or accompanies that body or any part thereof, and is not subject to military law, apart from this section, as Part 5 applies to persons subject to military law.
service
“service”, when used adjectively, means belonging to or connected with the Armed Forces or the Reserve Regiment or any part of either of such forces;
The modifications referred to in subsection (1) are the following —
the punishment that may be awarded by a court-martial shall not include any punishment less than imprisonment, except a fine (to the amount of which section 73(6)(a) does not apply);
Royal Brunei Armed Forces
the punishment which may be awarded where a charge is dealt with summarily shall, in the case of any offence, be a fine not exceeding $200, but no other punishment;
the following provision shall have effect in substitution for section 74(2) and (3), that is to say that a person may be arrested by a provost officer, by any warrant officer or non-commissioned officer legally exercising authority under a provost officer or on his behalf, or by order of any officer of the Armed Forces or the Reserve
Regiment;
where a charge is being dealt with summarily and it has been determined that the accused is guilty, a finding shall not be recorded until after the accused has been afforded an opportunity of electing to be tried by court-martial, and if the accused so elects, a finding shall not be recorded but such steps shall be taken with a view to the charge being tried by court-martial as may be prescribed by Rules of Procedure;
the provisions of this Act relating to the investigation of, and summary dealing with, offences shall, save as otherwise expressly provided, apply as they apply to officers, warrant officers and non-commissioned officers of the rank of Staff Sergeant;
for the purpose of the provisions of this Act relating to the investigation of offences, the commanding officer shall be such officer as may be determined by or under regulations made by His
Majesty in Council for the purposes of this section;
for references in sections 118 and 119 to being, continuing or ceasing to be subject to military law, there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that Part 5 applies, and section 118(3) does not apply.
Any fine awarded by virtue of this section, whether by court-martial or the appropriate superior authority, shall be recoverable in Brunei
appropriate superior authority
“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);
Darussalam as a debt due to Government.
This section does not apply to any person to whom section 203
applies.
Royal Brunei Armed Forces 144
Supplemental provisions
Terms defined in s 2
appropriate superior authority
Defined · s 2“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
commanding officer
Defined · s 2“commanding officer” has the meaning assigned to it by section 83(1);
commissioned
Defined · s 2“commissioned” means the conferring of the rank of an officer in the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan;
officer
Defined · s 2“officer” means any person commissioned into the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan under this Act but does not include any person serving under any loan agreement or contract with the Government;
prescribed
Defined · s 2“prescribed” means, except in Parts 5 and 7, prescribed by regulations made by His Majesty the Sultan and Yang Di-Pertuan*;
provost officer
Defined · s 2“provost officer” means a provost marshal or officer appointed to exercise the functions conferred by or under this Act on provost officers;
Reserve Regiment
Defined · s 2“Reserve Regiment” means the Royal Brunei Malay Reserve Regiment raised and maintained under this Act;
Rules of Procedure
Defined · s 2“Rules of Procedure” has the meaning assigned to it by section 99;
service
Defined · s 2“service”, when used adjectively, means belonging to or connected with the Armed Forces or the Reserve Regiment or any part of either of such forces;