The Government of Brunei Darussalam

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A SYNOPSIS OF THE PREVENTION OF CORRUPTION ACT

Part I

Preliminary
1.

 

Citation and commencement.
2.

(a)-(h)

Interpretation:-. agent, bureau, Director, gratification,   officer of the bureau, prescribed offences, principal, public body.

 

Part II
3.

(1)-(5)

Appoinment of Director and officers of the ACB.
4.

(1)-(2)

Officers of the Bureau are deemed to be Public Servants.

 

Part III
5.

(a)-(b)
(i)-(ii)

Punishment of corruption, include solicitation, inducement, agree to give, promise to give gratification.
6.

(a)-(c)

Punishment for corrupt transaction involving agent / agents.
7.

 

Increase in maximum penalty in certain cases.
8.

(1)-(2)

Acceptor of gratification deemed to be guilty notwithstanding that the purpose for which the gratification was given / accepted was not carried out.
9.

(a)-(b)

Corruptly cause or procure the withdrawal of tenders.
10.

 

Bribery involving members of the legislature.
11.

(a)-(d)

Bribery of members of the public body.
12.

(1)-(2)
(a)-(b)

Offences for possession of unexplained property or maintaining a standard of living above that which is commensurate with his past or present emoluments.
13.

(a)-(b)

Abatement of offences.
14.

 

Attempts to commit the offence.
15.

 

Offence of conspiracy to commit offences under the Prevention of Corruption Act. (PCA).
16.

 

Legal obligation of public officer to whom a gratification is given or offered to report such incident failing which, he shall be liable to a fine not exceeding $500.00 or six months imprisonment or both.
17.

 

When penalty to be imposed in addition to other punishment.
Part IV
Powers Of Investigation
18.

(1)-(3)

Power of making an arrest without warrant.
19.

(a)-(c)

Powers of Investigation.
20.

(1)(a)-(b)
(2)(a)-(b)

Powers of search and to obtain assistance.
21.

(1)-(3)

Further powers of search and sizeure.
22.

 

Legal Obligation for members of the public to give information.
23.

(1)(a)-(b)
(2)-(5)

Special powers of investigation. Inspection into shares, bank accounts, investment accounts, safe deposit box, bank statement. The offence of hindering the provision of the act.
24.

(1)-(3)

Legal Advisers and privileged information.
25.

 

Presumption of corruption in certain cases.
26.

 

Evidence of custom, as inadmissable.
27.

(1)(a)-(b)
(2)

Evidence of pecuniary resources or property.
28. Evidence of accomplice.
29.

(1)-(3)

Examination of offenders
30.

(1)-(3)

Protection for informers. Informers shall be protected from having their identity being disclosed unless such information were subsequently deemed by the court to be false and malicious in nature.
Part VI
Prosecution And Trial of Offences.
31.

(1)(2)(3)

Prosecution of offences.
32.

(1)(2)

The Magistrate Court has jurisdiction to try offences under this act.
Part VII
Miscellaneous
33.

 

Frivolous, false or groundless complaints to be reported to the Public Prosector. Where at the close of a legal proceeding, the magistrate has discovered that such had occurred, he shall cause a report to be transmitted to the Public Prosecutor for his appropriate action.
34.

(a)(b)

Offences of making false, misleading report to the Director and officers of the Anti- Corruption Bureau.
35.

 

Offences to disclose the identity of person being investigated or the result of such investigation.
36.

(1)(2)

Alternative convictions and ammendments of particulars in the preferred charges against the accused person.
37.

 

Liability of the citizens of Brunei Darussalam for offences committed overseas.
38.

 

Offences under this Act are deemed to be seizeable offences.
39.

(1)-(2)

The principal may recover any amount of secret gifts of which was the gratification given by the agent.
40.

 

Application Order. The Retrospective effect of this Act. Where an offence under this Act was committed before the commencement of the act shall be liable for prosecution, and where there are conviction the offender shall be sentenced accordingly.
 


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