#1قجابت قنوام وام نگار ATTORNEY CHAMBERS BRUNEI DARUSSALAM TRENDS AND DEVELOPMENTS IN CRIMINAL JUSTICE IN BRUNEI DARUSSALAM- WHAT A GOVERNMENT OFFICER NEEDS TO KNOW Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Christopher Ng Ming Yew Deputy Senior Counsel & Deputy Public Prosecutor www.agc.gov.bn#2ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Scope of Presentation Corruption and the New Offence of Misconduct in Public Office Requesting for Information from AGC concerning a Criminal Case involving your department/ministry/employee ■ Social Media and the Government Officer Slide 2#3ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Corruption ■ There is no comprehensive, and universally accepted definition of corruption. The origin of the word is from the Latin corruptus (spoiled) and corrumpere (to ruin; to break into pieces) ▪ "The misuse of a public or private position for direct or indirect personal gain" ■Receiving or Giving a bribe either in a form of money, gifts, assets, services etc with corrupt intention as a gratification to do something based on your official position or for your own personal interest or for someones behalf Slide 3#4ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Corruption Offences in Brunei Darussalam ■ Investigations done by the Anti Corruption Bureau (ACB)/ Biro Mencegah Rasuah (BMR) ■ Prevention of Corruption Act (PCA), Chapter 131 Slide 4#5ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Offences under the Prevention of Corruption Act, Chapter 131 "SECTION 6 (a)" An offence for any staff of the Public Body to accept or solicit for bribes either by his person or on his behalf as inducement forbearing to do any act in relation to his principal's affairs. . Penalty Up To $30,000 and imprisonment 7 years "SECTION 6(b)" Any person corruptly gives or agrees to give or offers any gratification to any staff of the Public Body as inducement forbearing to do any act in relation to his principal's affairs. Penalty Up To $30,000 and imprisonment 7 years Slide 5#6ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Offences under the Prevention of Corruption Act, Chapter 131 "SECTION 6(c)" Knowingly Submitting false document and false claims with intent to deceive his/her principal. Penalty Up To $30,000 and imprisonment 7 years. Slide 6#7ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Offences under the Prevention of Corruption Act, Chapter 131 "SECTION 16" Without reasonable excuse fail to report any incidences of corruption which had come to his attention (INCLUDES ALL members of Public Body). Penalty, a fine $500 and imprisonment 6 months Slide 7#8ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 "Public Body" ▪“The Government of Brunei Darussalam" ■"Any Department, Service, Undertaking of the Government of Brunei Darussalam" Slide 8#9ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Misconduct in Public Office ■New offences introduced under the Prevention of Corruption Amendment Order 2015 ▪Offences under Section 12A and 12B aim to discourage abuse of power or official position and encourage public officers to declare "conflicts of interest" when performing their duties; Slide 9#10ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Section 12A ■ "Public officer using public funds for private purposes, giving undue preferential treatment, misusing information etc 12A. (1) Whoever, being a public officer, in the course of or in relation to his public office or official functions, wilfully- (a) uses public funds or resources for private purposes or in furtherance of private interests; (b) fails to act impartially, or gives undue preferential treatment to any person; Slide 10#11ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Section 12A c) misuses information acquired in the course of his duties; (d) conducts himself in such a manner as to bring his private interests into conflict with his public duties; or conducts himself in such a manner as he knows or can be reasonably expected to know is likely to cause a reasonable suspicion that he - (i) has allowed his private interest to come into conflict with his public duties; or (ii) has used his public position for private advantage; (e) interferes in, or seeks to influence, otherwise than as part of his duty, the appointment, promotion, suspension, demotion or dismissal of a public officer or other person, is guilty of an offence: Slide 11#12ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Section 12A ■(2) An offence under subsection (1)(c) is committed whether or not the person is still a public officer at the date of the offence. Slide 12#13ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Section 12B Public officer willful misconduct or neglect of duty - 12B. (1) Whoever, being a public officer, wilfully – (a) misconducts himself; or (b) neglects to perform his duty, to such a degree as to amount to an abuse of public trust in the office holder is guilty of an offence: Slide 13#14ww 5) Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Punishment for Section 12A and 12B Fine of $30,000 and Imprisonment of 7 years Slide 14#15ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Examples of MIPO ■ Public Officer responsible for procurement matters channeled, over a period of 4 years, nearly 400 purchase orders to companies owned by wife and friends Public Officer who is in charge of examination paper for recruitment provides family and friends with classified information relating to the examination ▪ Health worker disclosing or accessing confidential information about patient's medical record for unauthorized purposes Slide 15#16ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Example of MIPO ▪ Law Enforcement Officer tipping off friends that their crimes have been discovered; warning friends of their impending arrest, where searches would take place, where to hide evidence and what evidence to destroy ■ Clerk taking out and personally delivering cheques to private company in return for “sedekah”. ▪ Public Officer using government driver to carry out food delivery business Slide 16#17ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 What is not MIPO? ■ Misconduct which is insufficiently serious; ■ Misconduct which is the result of accident, error of judgment or mere negligence Misconduct for which there is a reasonable excuse or justification ▪ Misconduct which does not involve abuse of powers, discretion or duties entrusted to public officer in his official position for public benefit Slide 17#18ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Which areas are prone to MIPO? Procurement of Service/ Award of Contracts; ▪ Law Enforcement; ■ Handling of Claims and Payment; Handling of Classified Information; Having access to resources and services provided by government contractors Slide 18#19ww 5) Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Requesting for Information from AGC concerning a Criminal Case involving your department/ministry/employee Slide 19#20Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Man in court for crashing into workshop Company denies smuggling FADLEY FAISAL AN INCIDENT that went viral on WhatsApp involving a car crashing into a workshop counter last week has landed in court yesterday as a case of mischief. Zulhilmi bin Mat Jeneh, 25, is alleged to have committed mischief by driving a car into the display counter of Yeo Motor Workshop in Tutong at 2.55pm on April 7 leading to damage. Magistrate Dewi Norlelawati binti Haji Abdul Hamid did not take the defendant's plea as Deputy Public Prosecutor Vuina Song informed the magistrate that the prosecution has reasons to doubt the defendant's mental health status. Magistrate Dewi fixed the case for April 18 whilst ordering the defendant to be remanded at Raja Isteri Pengiran Anak Saleha (RIPAS) Hospital to undergo a psychological evaluation. Man denies assaulting wife | FADLEY FAISAL I A LOCAL man has denied the charge of assaulting his wife after the prosecution finalised the allegations against him in court yesterday. Mohammad Faizal bin Burot @Karim, 27, allegedly gripped the wrist, punched the arm and hit the head of his 30-year-old wife repeatedly while they were in a car at Airport Mall, Berakas, at 12.45pm on March 22. Deputy Public Prosecutor Sharon Yeo informed the magistrate that seven witnesses are available to testify while the defendant indicated having none when the case goes to trial. Magistrate Azrimah Abdul Rahman fixed the case for further mention on April 25. fuel out of country FADLEY FAISAL | A BRUNEI registered company and its representative have denied the charge of smuggling diesel fuel out of the country yesterday. The case has been fixed by the Magistrate's Court for trial from June 27 to 30 this year. ADBS Sendirian Berhad and Haji Ibrahim bin Haji Damit, 54, are alleged to have instructed their driver to illegally export 84 litres of diesel fuel inside an additional 1, 0 SO ils fuel tank on a Mitsubishi Fuso bus from Brunei to Miri through the Sungai Tujoh Control Post at 5.20pm on June 26, 2013. AP ⚫ed oth the The penalty for such an offence carries a minimum fine of $10,000 and a maximum of $500,000 for the first offence, and a subsequent offence carries a minimum fine of $20,000 and a maximum of $500,000 or minimum imprisonment of six months and a maximum of five years, or both. Fine, jail for false representation at Kuala Lurah Control Post | FADLEY FAISAL | Bail granted to hubby accused of abuse A MALAYSIAN woman was 1 FADLEY FAISAL A LOCAL man was named as a suspect in the Magistrate's Court yesterday for the assault of his 29-year-old wife. Mohammad Yusof bin Haji Latif, 29, allegedly strangled his wife when they were at the vicinity of Sungai Bunga Car Park at 7.30pm on April 8. CIN Magistrate Dewi Norlelawati binti Haji Abdul Hamid withheld taking the defendant's plea as Deputy Public Prosecutor Sharon Yeo awaits a medical report on the victim from Raja Isteri Pengiran Anak Saleha (RIPAS) Hospital. Magistrate Dewi fixed the case for further mention on April 14 whilst releasing the defendant on bail of $3,000 or in one local surety. Customs officer jailed for 30 months over bribes A FEMALE customs officer was sentenced did corruptly obtain gratification on 12 to 30 months' imprisonment after she occasions from a Bruneian national in the was convind of anandusenform of lan daduation of 21 Magistrate The ser The co pay a fine which she months' in Aieni bi with the Departme under Sec Corruption offences t Excise Ord Investig Corruptio February fined and jailed for entering Brunei illegally as well as falsely representing herself to the immigration for arrival and departure clearance. Lucilla Puyok entered Brunei without a valid pass on April 2, falsely represented herself as a Malaysian named Veronica Serawan J Martin to the immigration officer at Kuala Lurah Control Post for departure clearance at 9.38am and for arrival clearance at 10.52am the same day. Lucilla paid her total fines of $3,800 and immediately served her jail term yesterday. Magistrate Dewi Norlelawati binti Haji Abdul Hamid presided over the case. ore nay 300 I el) IN THE COURTS WITH FADLEY FAISAL Malaysian fined for obtaining sexual services A MALAYSIAN man was ordered to pay a fine of $2,500, or serve four months' jail in default after he pleaded guilty in the Magistrate's Court to obtaining sexual services of a 17-year-old Thai girl. Jessie Wong @ Clarence Wong, 39, received a WhatsApp voice message from a 46-year-old Thai man at 8.26pm on March 9, 2016 inviting the defendant to come 'tonight' if he could. Chief magistrate Muhammed Faisal bin Pehin Dato Kefli further heard from the prosecution that it turned out that the defendant and the Thai man had previously liaised with each other in order to obtain sexual services from a woman. Then a photo of the 17-year-old Thai girl was sent to the defendant by the Thai man and the defendant indicated his assent. The defendant met the Thai man at a house in Kampong Jangsak that evening around 9pm, paid the Thai man $30 and entered the room and had sex with the Thai girl. Police from the Anti-Vice and Gambling Suppression Unit raided the premises and found the defendant just exiting the room at 9.20pm. Deputy Public Prosecutor Vuina Song conducted the prosecution of the case. Local jailed for failing to pay $40,000 fine A 29-YEAR-OLD local man was ordered to serve 12 months' jail for failing to pay a $40,000 fine ordered by the Magistrate's Court after he pleaded guilty to being in possession of smuggled cigarettes. Mohd Solehin bin Roslan kept 119 cartons of smuggled cigarettes at his house in Kampong Bolkiah 'A', Kampong Ayer, which was discovered by a raiding party of Customs preventive officers at 10.25am on June 22, 2015. Senior magistrate Lailatul Zubaidah binti Hussain ordered the defendant to pay the fine immediately, to which he confirmed his inability and was sent to jail yesterday. Local man jailed for theft, mischief A LOCAL man was sentenced to nine months jail by the Magistrate's Court yesterday after he pleaded guilty to stealing an iPad Mini, pet birds and damaging a bird cage. Awangku Saiful Nizam bin Pengiran Metassan, 34, stole two Cocktail and three Bebe birds together with its bird cages from a house in RPN Rimba at 4am on October 30, 2014. He also committed mischief by causing damage to one of Officer jailed 12 months for Zakat embezzlement I FADLEY FAISAL I Court THE Intermediate yesterday sentenced a Zakat officer to jail for 12 months following his guilty plea earlier last week to embezzlement of over $11.000 in Zakat Fitrah money. Junaidi bin Haji Duraman, 49, was an officer at the Belait District Zakat Fitrah Collection and Distribution Unit Office, Department of Islamic Religious Council, Ministry of Religious Affabdul Rahman's DPP Rozaimah binti facts of the case state that on November 6. 2010, an appointed Amil at Kampong Pandan Mosque submitted a Zakat payment list and $11.707.40 to the defendant. From a total sum of Zakat Fitrah money collected. 1/6 of it should be paid to the appointed Amil who went to lodge RBPI, Cigivournood watch conduct patrol to keep Fish (LKIM) said y a complaint to the Zakat collection and distribution office after not receiving any payments up until July 5, 2011. Internal investigations revealed that the defendant had not deposited the Zakat Fitrah he received from the appointed Amil into the department's bank account The defendant's superior officers questioned him about the missing money to which he initially claimed was stolen from his unlocked vehicle while he went t use a toilet at a shop. The defendant did not respond questions concerning why he did not lod a police report but instead asked for grace periods repeatedly to return the missing amount, which he failed to meet. Judge Haji Nabil Daraina bin Pehin Da Ustaz Haji Badaruddin presided over the case. the bird cages he stole. The iPad Mini was stolen by the defendant at 11am on March 21, 2016 from Omran Sital Utd Trading in Kampong Sungai Hanching. Deputy Public Prosecutor Dayangku Hazirah binti Pengiran Yusof informed Chief Magistrate Muhammed Faisal bin Pehin Dato Kefli that the defendant was caught by police in the act of selling a Cocktail bird with another person. pron K erfeit note case even sent July Heng, 35, of Malaysia and 37-year brum permanent resident Alex Matin Ain are discharged and acquitted by be cbdullah Soefri bin Pehin Dato Haji tean wing his findings on the case which +824 pened in 2014. was represented by lawyer Christina Prof L A or yes or def cor dru arr Slide 20#21ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 The Media Probably the first point of finding out information about a criminal case; ■ Media reporting now active where criminal cases are concerned- Brunei Times, Borneo Bulletin have reported dedicated to reporting cases that are being prosecuted in Court Reporting on cases is subject to a number of restrictions based on the Laws of Brunei Darussalam. However, generally, all criminal proceedings are PUBLIC and open to reporting Slide 21#22ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Requesting Information on Criminal Cases from AGC Has to be written in officially; ■Can be addressed to the Attorney General /Public Prosecutor or specifically to the Head of the Criminal Justice Division Slide 22#23ww 5) Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Difference between AGC and Court ■ AGC is not the Court ▪ AGC is Pejabat Rendah/Tinggi Peguam Negara / Court is Mahkamah ■ Both are different departments Important to know the distinction as your letter might not be responded to if it goes to the wrong place Example: PENDAKWA RAYA, MAHKAMAH MAJISTRET, BANDAR SERI BEGAWAN Slide 23#24ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 What we can provide you - Update on status of case – has it been completed? Is the file even with us? Has the accused been sentenced, etc ▪ Result of case/ Verdict/ Sentence Charge Sheet involving accused person ■ Statement of Facts (If accused has pleaded guilty) ■ Judgement of the Court if in our possession Slide 24#25ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 What we cannot provide you ■ Notes of Proceedings (Court's notes on the Case) Judgment of the Court (If not in our possession)- Please note that the Magistrates Court does not issue out written judgements for all cases ■ Any confidential records that may be in the Court's possession Any information if the case is still under investigation i.e. if the case is still with the enforcement agency and has not yet been received by AGC Slide 25#26Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Home News About Us Our Divisions Services Contact Us EDIT LINKS AGC Advocacy Training Course 2016 LEGISLATION ON-LINE Constitutional Documents, Explanatory Note List of Laws of Brunei Darussalam, Text of Acts, Text of Orders, Price List MLA SECRETARIAT SPEECHES INVESTIGATION PAPERS REGISTRY Slide 26#27Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Home News About Us Our Divisions Services Contact U Enforcement Agency new link or edit this list All Links Find an item Enforcement Agency Biro Kawalan Narkotik Biro Mencegah Rasuah Jabatan Bandaran Jabatan Buruh Jabatan Imigresen dan Pendafataran Jabatan Kastam & Eksais Diraja Jabatan Perikanan Kementerian Kewangan, Bahagian Hasil (Revenue) Mahkamah Koroner Polis Diraja Brunei, Jabatan Siasatan & Kawalan Lalu-Lintas Polis Diraja Brunei, Jabatan Siasatan Jenayah Tabung Amanah Pekerja (TAP) *** Slide 27#28Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Jabatan Siasatan Jenayah, Polis Diraja Brunei List of Investigation Papers new item Report No IP No Enforcement Agency No Date Received Year Received: 2013 (632) ▷ Year Received: 2014 (803) ▷ Year Received: 2015 (1046) ▷ Year Received: 2016 (278) Slide 28#29Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Year Received: 2016 (278) BSB/CR/345/2016 tied with BSB/CR/210/2016 NIL NIL 31-Mar-2016 TT/CR/142/2016 NIL NIL 31-Mar-2016 BKS/CR/1918/2015 NIL NIL 30-Mar-2016 BKS/CR/428/2015 NIL NIL 30-Mar-2016 BSB/CR/1165/2014 tied with BSB/CR/1124/2014 NIL NIL 30-Mar-2016 BKS/CR/1265/2015 tied with BKS/CR/1230/2015 NIL BKS/UPWKK/20/15, 29-Mar-2016 BKS/CR/1346/2011 NIL BKS/UPWKK/38/2011 29-Mar-2016 BKS/CR/893/15 NIL BKS/UPWKK/10/15 29-Mar-2016 BSB/CR/1604/2015 BSB/CR/2108/2014 BSB/CR/3196/2015 SK/CR/171/2015 SK/CR/210/2016 SK/CR/660/2014 SK/CR/723/2014 SK/CR/747/2015 SR/CR/76/2014 NIL BSB/UPWKK/76/2015 29-Mar-2016 NIL BSB/UPWKK/50/14 29-Mar-2016 NIL BSB/UPWKK/134/15 29-Mar-2016 NIL SK/UPWKK/03/15 29-Mar-2016 NIL SK/UPWKK/09/2016 29-Mar-2016 NIL SK/IPWKK/12/14 29-Mar-2016 NIL SK/UPWKK/15/14 29-Mar-2016 NIL SK/UPWKK/14/15 29-Mar-2016 59/2014 SR/UPWKK/7/2014 29-Mar-2016 DCD/CD 1750 0015 Find with niceD 11 509 MALE DICCD 1993 2012 DCD/C/01 e 29 30 - 2016.#30ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Report Number is IMPORTANT ▪Always quote the report number for easy reference If you make a report to an enforcement agency, your case will be given a report number ▪E.G. BSB/CR/144/2016, KB/BKN/IP/67/2015 Slide 30#31ww 5 Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Social Media and the Government Officer f INST You Tube Slide 31#32Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 ww Issues ■Social Media not inherently bad - has its benefits ■Some issues however need to be addressed a) "Keyboard Warriors" b) Viral WhatsApp Messages c) Sedition Slide 32#33ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Keyboard Warriors It is generally acceptable to participate in discourse on the internet via message boards, social media forums, etc. ■ However, it is important to bear in mind that the information that you convey or use is ▪ accurate, ▪ not misleading and; ■ non defamatory Slide 33#34Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 DSTCom 3G Search 12:29 PM 81% oo DSTCom 3G 12:31 PM Search 81% Denny Ambuyart Azriman 1hr 3 jobless dad curi tong gas, jual $40 7 years and fined. dude curi 4 iphone, jual & simpan dapat 16bulan. sedih ku mikirkan... Like Comment Share 6 Zuraidah Haw Ray astaga.. luruskah hukuman nya atu 1 hour ago Like Reply Denny Ambuyart Azriman ada report kat newspaper hari ani. inda ku tau yg bapa mencuri atu camana. pemahaman ku ia berani masuk rumah. yg curi iphone kat kadai. See Translation 1 hour ago · Like · Reply Youri Eureka udang2 dunia yg dicipta ole manusia yg diberi otak akal fikiran... sedih kekdg meliat hukuman yg djatuhkn.. See Translation 1 hour ago · Like · Reply ديوي سوفري yang curi iphone atu polis right? 1 hour ago Like Reply Denny Ambuyart Azriman kat paper nya local. See Translation 1 hour ago · Like · Reply Write a reply... 'Madia Ejah Nda adil dunia~ 1 hour ago Like Reply Amalina R. Rayyan Sanif What have become of our society....and the law. Baiktah ku bljar to understand kali sng membidas 1 hour ago Like 1 Reply Khairul Arifin "Justice" 1 hour ago Like Reply Safu Wan Kalau hudud take place, mungkin hukuman ani nda kan di kenakan... sebab jobless... dengar tah ceramah mufti tentang hudud... betapa indah nya islam... دیوی سوفری Write a comment... Post See Translation Write a comment... Post Slide 34#35Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 oo DSTCom Close 17:40 kahznol CS sof 380 DOCX - 19 KB oo DSTCom T 17:14 brudirect.com IN THE MAGISTRATES COURT OF BRUNEI DARUSSALAM HOLDEN AT BANDAR SERI BEGAWAN CRIMINAL CASE NO. 2107 PUBLIC PROSECUTOR OF 2016 KHANOL ZUKRIA BIN ALIAS [M. 31] [BYIC 00-307304] Amended Charge: That you, at about 5.15 P.M on 28th day of September 2016, at address, No. 4, Spg 1241, Kg Tunggulian, Sg Liang in Brunei Darussalam, in a building used as a human dwelling, did commit theft of property of 1 gas cylinder in possession of Mohammad Ismail, and that you have thereby committed an offence punishable under section 380 of the Penal Code, Chapter 22 mit October 13th, 2016 | 10:18 AM 285 views BANDAR SERI BEGAWAN A local man was sentenced to 14 months' imprisonment yesterday by the Magistrate's Court for stealing a gas cylinder. Khanol Zulaia bin Alias, 31, said be committed the offence out of desperation to buy milk for his three-month- old child. He committed the offence at a house in Kampong Tunggulian, Sungai Liang at 5.15pm on September 28, 2016. Penalty under Section 380 of the Penal Code Shall be punished with imprisonment for a term which may extend to 7 years and with fine Magistrate Azrimah Abdul Rahman rebuked the defendant's plea in mitigations saying that it is not a reason to commit theft and the defendant has not learned his lesson, seeing he has a previous record of theft recently. DPP Kamaliah Ibrahim prosecuted the case. Dated this 10th day of October 2016 Email W Word Source: @BRUDIRECT.COM Save by BruDirect.com Λ If you have any stories or news that you would like to share with the Slide 35#36ww Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Mr S case ▪Mr S posted on a Facebook Group Forum threats to cause physical injury to police officers. ▪He attacked the integrity and independence of the Court. ■ He was prosecuted for committing criminal intimidation. Slide 36#37Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 "As for the CID named Awg I who uses the ugly orange Lancer, it is not just one person who is after you, thousands. See how you die later". ■ "For Puan M, the DPP from CID who abused her power. Just you wait and see what your family life is like after this....be prepared with what you have started." SENTENCED TO 6 MONTHS IMPRISONMENT Slide 37#38Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 I say "What's By Whatsapp. up?" you say THE WORLD IS DOMINATED BY WHATSAPP Slide 38#39Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Viral Whatsapp Messages Photographs of accidents and deaths. ■ Details of alleged robbery, theft, suspicious cars, accidents and roadblocks. Video of child being abused by mother's girlfriend while the mother recorded the abuse. ■Untrue information#40Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 E < 이 Tok P Unt rum k S BAI mel m tad keri ro a FE bali t cka L (tor nya deli 3 adr 10 people like this. 114 likes Write a comment... Kain Batik Murah salam im d owner tongking jerudong foodcourtk.as mention d brunei fm yg urg atu mempost. Kami hanya bjual tongking ayam dan BUKAN itik.smua resit pembelian ayam harian ada if mau kan bukti. and post atu udh kna delete d brunei fm,so hope admin dsni did it as well.jgn kn mfitnah ssukati tanpa bukti kukuh.and to urg yg mempost, biskita nd tau/pandai membezakan antara ayam or itik kh? sory f ada terkasar bahasa.tq 37 minutes ago Unlike 3 Reply News Feed Requests Messenger Notifications Post = More Slide 40#41Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 No cases of sending viral Whatsapp messages brought to Court yet. ▪ But there has been police investigations carried out and it is possible to trace the users who first sends these messages and the subsequent users who forward them. ▪ These things can be funny and to some, informative, but think of the consequences before you forward messages! Slide 41#42Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 If information you forward on are untrue and are humiliating or impute reputation of another person, you could be charged in Court for criminal defamation. • And if the person who is defamed are not satisfied, they could bring a civil suit against you. If you circulate information which are false and are likely to cause public alarm, you can be charged in Court under the Public Order Act and will be liable to imprisonment for 3 years and a fine of $3,000. Slide 42#43Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Sedition ■ To bring into hatred or contempt or to excite disaffection against His Majesty the Sultan and Yang Di-Pertuan or the Government; ■ To bring into hatred or contempt or to excite disaffection against the administration of justice in Brunei Darussalam; ■ To raise discontent or disaffection amongst the inhabitants of Brunei Darussalam; ■ To promote feelings of ill-will and hostility between different classes of the population of Brunei Darussalam; ■ To directly or indirectly lower or adversely affect the standing or prominence of the National Philosophy of Melayu Islam Beraja (known in English as Malay Islamic Monarchy) Slide 43#44Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 Syariah supporter Malik22 Religious M 44 minutes ago "Two committees were religious practices and teachings and control th religions, he added." Words can't describe ho the album: Anatomy of a Bruneian Newspaper. Brunei Memes added 5 new photos to in IS ind ler 30 November. In Brunei there are two sides to a story. There's the official version. And then there's the truth. For so long I have been BRUNEI EXPRESS Prayer Times (KB) and Christianity are reli forward to divide us hurub authorities are taking star 15.51 too many deviant teach ha 19:31 Prayer Times (Muara) Subuh: 05:00 Asar 15:50 Zuhur 12:01 Maghrib 18.31 Isha 19:30 religions. I hope one da lis Majesty consented Christmas can be banno something we truly want to achieve by 2035. I urge every like-minded the government to ban Christmas as soon as p bawah Duli Yang Maha Mulia Paduka ri Baginda Sultan Haji Hassanal Bolkiah a'izzaddin Waddaulah ibni Al-Marhum Itan Haji Omar 'Ali Saifuddien Sa'adul airi Waddien, Sultan dan Yang Di-Pertuan gara Brunei Darussalam consented to mething. are actually haram to us Majesty is also the greatest individual that has ever temple in Bandar shoulisted on the planet. Don't you forget it. the Buddhists and Chris place of worship, it is ve Limbang or Miri instead else and shame o most of y 1 X Zuhur 12:00 Maghrib 18.30 HRH graces event with his presence HRH officiates launching of a huge event. Also present was Minister of Sound, Deputy Minister of Noise and Secretary General of Chicken Rice. Because he is royalty he is automatically a better a person than you. Don't forget that too. It is crucial to your well-being as a Bruneian. 158 Likes 19 Comments benefits from the government, includ ing a free Quran and other provisions Life is great now that they have en They are probably not going to hell anymore HRH talks with stuff diplomat EI ole g? you HRH consented to receive an audience with a diplomatic envoy. They talked about how awesome their relationship was with the respective country. Because Brunci as S ne beef with any nation Our relationship is always based on seriments of friendship and cultural ties. Stuff like that Ob except the state of feel Fuck hard Be Customs and Excise department for smuggling in a shit load of booze and opy oggles It will now be a sober weekend for a nd it group of young Bruneians Foreigners fined for staying in Sultanate too long A shack was aided last night by the Immigration department Under the "get-out-my-country" opers tion, several Filipines, Indonesian and Indian labourers were fined for staying two days longer than they They will be slapped with a $15,000 fine and be sentenced to 5 years in prisen Filthy foreigners tice in Letters to the Editor Trivial Complaints Section th. Brunei Internet Sucks Like 80% of the population I am com plaining about the poor into connec tion speed Facebook rants are not ch WWXQUAVE SKENER WILL GLALK MASTERCEPTIERTERY SAID NO EXPAT EVER ere Please Fix Po Holes on Roac Quality of a specific road in a specific Simpang in a specific Kampung sacks Dear Ministry of Roads or whatever. Fis this, please. I have nothing better to I DARUSSALAM AL CODE Slide 44#45Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 ▪ Under Section 4 (c) of the Sedition Act, it is an offence for any person who prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication by which the penalty for the first offence would be a fine of $5000 and imprisonment for 2 years. ■ Section 32 of the Public Order Act, Chapter 148 makes it an offence for any person who imports, makes, prints, publishes, sells, offers for sale, issues, distributes, circulates or reproduces any subversive article shall be guilty of an offence: Penalty, imprisonment for 10 years and a fine of not less than $10,000. Slide 45#46قنوام وام نگار ATTORNEY قجا AMBERS BRUNEI DARUSSALAM QUESTION AND ANSWER SESSION Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 www.agc.gov.bn#47ATTORNEY قنوام وام نگار قجا UNETERAL'S CHAMBERS THANK YOU Public Officers' Law Seminar: Understanding the Law 26th and 27th October 2016 [email protected] 2231192 www.agc.gov.bn