Royal Brunei Armed Forces Act · 1984 Revised Edition · Part 3
22. Validity of attestation on enlistment
Official textFrom Attorney General's Chambers, unchanged
Where an eligible person or an eligible young person has signed the declaration contained in the prescribed attestation paper and has thereafter received pay as a soldier of the Armed Forces or a man of the
eligible person
“eligible person” means a person who was born in Brunei Darussalam and is commonly accepted as belonging to one of the following indigenous groups of the Malay race, namely Belait, Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong; and includes a non-indigenous Malay who professes the Muslim religion, conforms to Malay custom as practised in Brunei Darussalam and is a subject of His Majesty the Sultan and Yang Di-Pertuan by virtue of any written law relating to nationality;
Reserve Regiment, as the case may be —
Reserve Regiment
“Reserve Regiment” means the Royal Brunei Malay Reserve Regiment raised and maintained under this Act;
the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper;
if within 3 months from the date on which he signed the declaration he, or any other person whose consent to the enlistment of such eligible person is required under this Act, claims to the
Commander or any person authorised by the Commander in that behalf that the enlistment of such eligible person or eligible young person is invalid by reason of any non-compliance with any provision of this Act or any regulation made thereunder as to enlistment or attestation or on any other ground whatsoever (not being error or omission in his attestation paper) on which, apart from this subsection, the validity of such enlistment could have been called in question, the claim shall be investigated by the competent authority, and if the claim is well founded the competent authority shall cause such eligible person or eligible young person to be discharged with all convenient speed;
subject to the provisions of paragraph (b), he is deemed as from the expiration of the 3 months to have been validly enlisted notwithstanding any such non-compliance or other grounds as referred to in paragraph (b);
notwithstanding any such non-compliance or such other grounds or the making of a claim under paragraph (b), he is deemed to be a soldier of the Armed Forces or a man of the Reserve
Regiment, as the case may be, until his discharge.
Where an eligible person or eligible young person has received pay as a soldier of the Armed Forces or a man of the Reserve Regiment but has not signed the declaration contained in the prescribed attestation paper, he is deemed to be such a soldier or a man until his discharge:
eligible young person
“eligible young person” means an eligible person who has attained the age of 18 years;
Royal Brunei Armed Forces
Armed Forces
“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
Provided that he may claim his discharge at any time and, if he does so, the claim shall be submitted as soon as possible to the competent authority who shall cause him to be discharged with all convenient speed.
competent authority
“competent authority” means His Majesty the Sultan and Yang Di-Pertuan or any officer or officers for the time being authorised by His Majesty the Sultan Yang Di-Pertuan to exercise or perform all or any of the powers or duties conferred or imposed upon the competent authority under this Act;
Nothing in the provisions of subsections (1) and (2) shall be construed as prejudicing the determination of any question as to the term for which an eligible person or eligible young person was enlisted or as preventing the discharge of such a person who has not claimed his discharge.
Terms defined in s 2
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
Commander
Defined · s 2“Commander” means the officer or other suitable person appointed by His Majesty the Sultan and Yang Di-Pertuan under section 10 to be the Commander of the Armed Forces and the Reserve Regiment;
competent authority
Defined · s 2“competent authority” means His Majesty the Sultan and Yang Di-Pertuan or any officer or officers for the time being authorised by His Majesty the Sultan Yang Di-Pertuan to exercise or perform all or any of the powers or duties conferred or imposed upon the competent authority under this Act;
eligible person
Defined · s 2“eligible person” means a person who was born in Brunei Darussalam and is commonly accepted as belonging to one of the following indigenous groups of the Malay race, namely Belait, Bisayah, Brunei, Dusun, Kedayan, Murut or Tutong; and includes a non-indigenous Malay who professes the Muslim religion, conforms to Malay custom as practised in Brunei Darussalam and is a subject of His Majesty the Sultan and Yang Di-Pertuan by virtue of any written law relating to nationality;
eligible young person
Defined · s 2“eligible young person” means an eligible person who has attained the age of 18 years;
man
Defined · s 2“man” includes, in relation to the Reserve Regiment, a non-commissioned officer and a warrant officer;
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*;
Reserve Regiment
Defined · s 2“Reserve Regiment” means the Royal Brunei Malay Reserve Regiment raised and maintained under this Act;
soldier
Defined · s 2“soldier” means any person other than an officer, enlisted in the Armed Forces under or by virtue of the provision of this Act, but does not, except whereit is expressly provided, include an officer cadet; * Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan —
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