Syariah Courts Criminal Procedure Code · 2021 Revised Edition · Part · Information to Religious Enforcement Officers and Police Officers and Their Powers to Investigate
90. Return of travel documents
Official textFrom Attorney General's Chambers, unchanged
When a travel document has been surrendered and retained by a
Religious Enforcement Officer or police officer not below the rank of
Religious Enforcement Officer
"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
Inspector under section 89, a person affected by such order may at any time make an application in writing to a Syariah Subordinate Court Judge for its return, and every such application shall contain a statement of the grounds on which it is made.
Judge
"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
A Syariah Subordinate Court Judge shall not consider an application made under subsection (1) unless he is satisfied that reasonable notice in writing of it has been given to the Religious Enforcement Officer or police officer not below the rank of Inspector.
police officer
"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
Before an application is granted under this section, the applicant may be required to -
deposit such reasonable sum of cash money with the
Religious Enforcement Officer or police officer not below the rank of
Inspector as the Syariah Subordinate Court Judge deems fit;
Sj)uriah Courts
Criminal Procedure Code
CAP. 224 69
provide local surety; or
satisfy paragraphs (a) and (b).
Any such applicant or surety may be required to deposit a reasonable sum of cash money with the Religious Enforcement Officer or police officer not below the rank of Inspector as the Syariah Subordinate
Court Judge deems fit, for retention by the Religious Enforcement Officer or police officer not below the rank of Inspector until such time when the travel document is returned to the Religious Enforcement Officer or police officer not below the rank of Inspector.
Failure of the applicant to return to Brunei Darussalam or to surrender the travel document to the Religious Enforcement Officer or police officer not below the rank of Inspector within the specified time will render the deposit held by the Religious Enforcemei~t Officer or police officer not below the rank of Inspector to be forfeited to the Government and the applicant may be arrested and dealt with in the same way that a person who fails to comply with the requirement under section 89(1) may be arrested and dealt with under section 89(4) and (5).
An application under this section may be granted subject to the conditions that -
the applicant shall further surrender his travel document to the Religious Enforcement Officer or police officer not below the rank of Inspector at such time as may be specified; and
the applicant shall appear at such time and place in Brunei
Darussalam as may be specified.
Where a travel document is returned to the applicant under this section subject to the conditions imposed under subsection (6), then after the time specified under the subsection, the provisions of section 89(6) shall continue to apply in respect of the travel document surrendered by the applicant pursuant to the conditions as if no return had been made to the applicant under this section.
Terms defined in s 2
Judge
Defined · s 2"Judge", for the purposes of sections 122 and 249, means a Syar'ie Judge or Judge of the Supreme Court, as the case may be;
police officer
Defined · s 2"police officer" means any member of the Royal Brunei Police Force, and includes a special police officer when mobilised or deemed to be mobilised for active service and any person vested under any written law with the powers of a police officer;
Religious Enforcement Officer
Defined · s 2"Religious Enforcement Officer" has the same meaning assigned to it under the Syariah Courts Act;
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