Extra Questions: General Laws Flashcards
What Act is Chapter 77?
Religious Council and Kadis Courts Act
What Act is Chapter 15?
Brunei Nationality Act
What Act is Chapter 17?
Immigration Act
Explain how a person can be a subject of HM by naturalisation.
[Section 8, Cap 15]
A person of full capacity may be granted a certificate of naturalisation by HM upon application.
6 criteria:
a) Resident in Brunei: i) at least 20 years out of 25 years preceding his application ii) throughout 2 years immediately preceding his application.
b) Of good character.
c) Unlikely to be a charge on Brunei.
d) Examined by a Language Board and found to be proficient in Malay: i) knowledge of Malay ii) able to speak Malay or unable to speak due to physical/speech/hearing impediment.
e) Declares that he intends to settle permanently in Brunei.
f) Taken the oath in the Second Schedule.
Explain how a person can be a subject of HM by operation of law under the Brunei Nationality Act, Cap 15.
[Section 4, Cap 15]
a) The person is born in Brunei and belongs to one of the 7 indigenous Malay races, i.e. Belait, Bisayah, Brunei, Dusun, Kedayan, Murut and Tutong. Or, the person is born outside Brunei with a father is a subject of HM by operation of law under this paragraph or paragraph c) i) and works outside Brunei for the government, a company registered in Brunei or special circumstances, and the birth is registered in Brunei or Brunei Consulate within 6 months.
b) The person is born in Brunei, with parents from one of the indigenous groups stated in the First Schedule. Or, the person is born outside of Brunei with a father who is a subject of HM by operation of law under this paragraph or paragraph c) ii) and works outside Brunei for the government, a company registered in Brunei or special circumstances, and the birth is registered in Brunei or Brunei Consultate within 6 months.
c) The person is born outside of Brunei to i) a father who was born in Brunei and belongs to one of the 7 Malay indigenous group OR ii) parents who were born in Brunei from one of the 15 indigenous groups stated in the First Schedule.
d) The person is born in Brunei to a father who is a subject of HM. Or the person is born outside Brunei to a father who is subject of HM and is employed outside of Brunei for the Brunei government, a company registered in Brunei or special circumstances and the birth is registered in Brunei or a Brunei Consulate within 6 months.
e) The person is born outside Brunei after 1 Jan 1962 to a father who is a subject of HM by registration or naturalisation.
The status of the father must be as stated at the time of birth of the person.
Describe the role of a Language Board under the Brunei Nationality Act, Chapter 15?
[Section 15, Cap 15]
The role of the language board is to advise HM whether a person applying for registration or naturalisation has knowledge of the Malay language to a degree prescribed and able to speak the language proficiently or unable to speak the language due to a physical/speech/hearing impediment.
Explain the different situations in which a person by lose his status as a subject of HM under the Brunei Nationality Act, Cap 15.
[Section 9-11, Cap 15]
A person may lose his status as a subject of HM through 3 main ways:
1) Loss of status
a) Being absent from Brunei for a continuous period of 5 years and not being able to prove that he has maintained a substantial connection with Brunei during that period (similarly, applying for a certificate that he has maintained a substantial relationship with Brunei that has been refused)
b) Voluntarily acquiring the nationality/citizenship of another country
c) For a woman who acquired her citizenship by marrying a subject of HM – acquiring nationality/citizenship of another country by reason of her subsequent marriage to a non-subject.
2) Renunciation of status
A person may declare their renunciation of status as a subject of HM and register as such to cease being a subject of HM.
3) Deprivation of status
Those who obtained their status as subjects of HM through registration or naturalisation may be deprived of that status for the following reasons:
a) Obtaining the status through fraud, false information, concealment of material fact or if the registration or naturalisation was done by mistake (if the mistake is informed within 24 months).
b) Showing intent to be disloyal or disaffected towards HM.
c) Exercising rights, powers and privileges of another nationality/citizenship
d) During war, unlawfully trading or communicating with an enemy or engaging in business that he knows to be assisting an enemy.
e) Within 5 years of obtaining status, being sentenced by another country to death or imprisonment of more than 12 months without being granted a free pardon.
Explain how a woman married to a Bruneian can be a subject of HM by registration under the Brunei Nationality Act, Cap 15.
[Section 6, Cap 15]
A woman who is not a subject of HM and is married / has been married to a subject of HM is eligible to apply to be registered as a subject.
3 criteria:
a) Of good character
b) Taken the oath in the Second Schedule
c) Has not remarried to a non-subject of HM
[Section 7, Cap 15]
Those who have renounced or have been deprived of the status of being a subject of HM is not eligible to be registered under this section, but may be registered with HM’s approval.
Explain how a minor can be a subject of HM by registration under the Brunei Nationality Act, Cap 15.
[Section 8, Cap 15]
A minor child of a subject of HM may be registered as a subject of HM upon application by a parent or guardian OR in such special circumstances as HM thinks fit.
In the case of registered adopted children, “parent” refers to the adopter.
Explain how a person [not woman or minor] can be a subject of HM by registration under the Brunei Nationality Act, Cap 15.
[Section 5, Cap 15]
A person who is born in Brunei and not a subject of HM is eligible to apply to be registered as a subject.
4 criteria:
a) Resident in Brunei: i) at least 12 years out of 15 years immediately preceding his application ii) throughout 2 years immediately preceding his application.
b) Examined by a Language Board and found to be proficient in Malay: i) knowledge of Malay ii) able to speak Malay or unable to speak due to physical/speech/hearing impediment.
c) Of good character.
d) Taken the oath in the Second Schedule.
How many ways can a person become a subject of HM?
- By operation of law [Section 4]
- By registration [Section 5]
- By naturalisation [Section 8]
Describe who may be classed as a prohibited immigrant under the Immigration Act, Chapter 17.
[Section 8, Chapter 17] - 16BLOTPIC
16 classes of prohibited immigrants:
Belief
- Opposes government / disbelieves in organised government / advocates killing of public officers / advocates unlawful destruction of property
- Member / affiliated with organisations that support the above
Livelihood
- Unable to support self or dependents / unable to prove employment / likely to become a pauper or a charge on the public
- Vagrant / habitual beggar
Other
5. Not allowed entry due to Section 9
Travel Status - 4
- Unable to return to any other country
- Not in possession of valid travel documents / in possession fraudulent or altered travel documents
- Entry or presence in Brunei is unlawful
- Dependent of prohibited immigrant
Prostitution
- Prostitute / receive proceeds from prostitution
- Brings in prostitutes
Illness
- Has mental disorder
- Declines to submit to medical examination / confirmed to have contagious disease that makes presence in Brunei dangerous to community
Crime - 3
- Convicted and sentenced to imprisonment and has not been given a free pardon. Deemed undesirable immigrant due to conviction.
- Deemed undesirable immigrant due to information from reliable source / other country
- Deemed undesirable immigrant due to being removed from any country
Explain the powers of the Controller in respect to prohibited immigrants and order that can be made pending removal of the prohibited immigrant.
[Section 31, Cap 17]
When a prohibited immigrant is found, the Controller may prohibit him from disembarkation or detain him at an immigration depot or other location until there is an opportunity to return him to place of embarkation or country of citizenship.
Describe the criteria for the Minister to make a detention order under the Internal Security Act (Cap 133) and the purposes and period of the order.
[Section 3]
Power to order detention.
3. (1) If His Majesty the Sultan and Yang Di-Pertuan is satisfied with respect to any person that, in order to prevent that person from acting in any manner prejudicial to the security of Brunei Darussalam or any part thereof or to the maintenance of public order or essential services therein, it is necessary to do so, the Minister* shall make an order –
(a) directing that such person be detained for any period not exceeding 2 years; or
(b) for all or any of the following purposes
(i) for imposing upon that person such restrictions as may be specified in the order in respect of his activities and the places of his residence and employment;
(ii) for prohibiting him from being out of doors between
such hours as may be specified in the order, except
under the authority of a written permit granted by such
authority or person as may be so specified;
(ii) for requiring him to notify his movements in such
manner at such times and to such authority or person as may be specified in the order;
(iv) for prohibiting him from addressing public meetings or from holding office in, or taking part in the activities of or acting as adviser to any organisation or association, or from taking part in any political activities;
(v) for prohibiting him from travelling beyond the limits
of Brunei Darussalam or any part thereof specified in
the order except in accordance with permission given
to him by such authority or person as may be specified
in such order,
and any order made under paragraph (b) shall be for such period, not exceeding 2 years, as may be specified therein, and may by such order be required to be supported by a bond.
(2) The Minister* may, with the approval of His Majesty the Sultan and Yang Di-Pertuan, direct that the period of any order made under subsection (1) be extended for a further period or periods not exceeding 2
years at a time.
What are the powers of the licensing officers under the Act?
[Public Entertainment Act, Cap 181]
[Section 16 & 17]
Power of entry and inspection.
- Any Licensing Officer or police may enter without warrant any place where a licensed public entertainment is being provided with a view to ascertaining whether the conditions of the licence and the provisions of this Act are being complied with.
Power of arrest.
- (1) Any Licensing Officer or police officer may arrest without warrant any person who he reasonably suspects of committing or attempting to commit, or abetting any person to commit, any offence under this Act and who refuses to furnish his name and address or who furnishes a name and address reasonably suspected of being false or who furnishes an address outside Brunei Darussalam or who is reasonably suspected of being likely to abscond.
(2) Every person so arrested shall be taken to a police station and shall thereafter be dealt with as if he had been arrested under section 33 of the Criminal Procedure Code (Chapter 7).
