BRUNEI DARUSSALAM’S PERSPECTIVE: THE LATEST REGIONAL
TRENDS IN CORRUPTION & EFFECTIVE COUNTERMEASURES
Sharon Yeo Mian Yie *Capt (Rtd) Hajah Rozaimah Haji Abd Rahman †I.

INTRODUCTION

Corruption, broadly defined, is the single greatest obstacle to economic and social
development around the world. The devastating effects of corruption can evidently be seen fromthe stifled economic growth and stagnant social conditions suffered primarily by the low-income
earners within the masses. The huge financial disparity within the different levels of society
resulting from corrupt practices by those in power or in positions of trust is an ever-increasingproblem faced by nations worldwide. Corruption distorts markets, stunts economic growth,debases democracy and undermines the rule of law. Corruption is not a problem exclusive to the
public sector. It also affects the activities in the private sector, either in transactions involving
private sector actors only or in public-private sector engagements.
A. Brunei Darussalam’s Stance on Corruption
Under the leadership of His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah
Ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, the Sultan and Yang
Di-Pertuan of Brunei Darussalam, Brunei Darussalam is a nation that places great emphasis on
the need to continuously fight corruption. Combatting the evils associated with corruption is oneof the utmost priorities of the Government of Brunei Darussalam in its efforts to promote
progress in all areas, such as good governance, economic growth and social development.
His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah Ibni Al-Marhum Sultan
Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, the Sultan and Yang Di-Pertuan of Brunei
Darussalam has often highlighted the grave impact of corruption on the overall development of
the Government, the private sector and the society at large.
In a Titah in conjunction with Brunei Darussalam’s 33rd National Day Celebration, 2017,
His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah Ibni Al-Marhum Sultan Haji
Omar ‘Ali Saifuddien Sa’adul Khairi Waddien, the Sultan and Yang Di-Pertuan of Brunei
Darussalam addressed the nation as follows –Although we have the infrastructure, technology, equipment, mechanism and a goodsystem, if our intention is not good, the outcome will also be not good. For instance,
if there is corruption in the government, it will drag the nation towards a bad state,even though the workforce is highly skillful or comprised of scholars. We should*†

Deputy Senior Counsel, Criminal Justice Division, Attorney General’s Chambers, Brunei Darussalam.
Counsel, Criminal Justice Division, Attorney General’s Chambers, Brunei Darussalam.

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control this to prevent the nation from experiencing undesirable developments. We
have been seeing or hearing about many untoward incidents taking place everywheresuch as breach of trust, corruption and so on. Places affected by these ills facevarious sorts of difficulties. In this context, Brunei should be vigilant and learn
lessons from it.
B. Anti-Corruption Laws
Committed to eradicate corruption from all walks of life, Brunei Darussalam enacted theEmergency (Prevention of Corruption) Order, 1981. This Order then soon became known as thePrevention of Corruption Act (“PCA”), Chapter 131.
To this very day, this legal framework has significantly contributed towards the nation’s
fight against corruption. Cases involving alleged corrupt activities have been investigated andprosecuted under the various offences prescribed in the said PCA.
LEGALPROVISION

OFFENCEPENALTY

Section 5

Corruption

Fine of $30,000 and imprisonment for
7 years

Section 6

Corrupt transaction with agents(a) Corruptly
accepts/obtains or agrees
to accept or attempts toobtain(b) Corruptly
givesor
agrees to give or offers

Fine of $30,000 and imprisonment for
7 years

Corrupt transaction under Section
5 or 6 relates to a contract or
proposal for a contract with any
public bodyFine of $30,000 and imprisonment for
10 years

Section 9

Corruptly procuring withdrawal oftenders

Fine of $30,000 and imprisonment for
7 years

Section 10

Bribery of member of legislature

Fine of $30,000 and imprisonment for
7 years

Section 11

Bribery of member of public bodyFine of $30,000 and imprisonment for
7 years

Section 12

Possession
property

Fine of $30,000 and imprisonment for
7 years

Section 7

ofunexplained- 36 -An Amended Order to the PCA came into force on 22 September 2015, to which these
additional provisions were inserted:LEGAL
PROVISION

OFFENCEPENALTY

Section 12 A

Public officer’s use of public funds
for private purposes, giving undue
preferential treatment and misusing
information

Fine of $30,000 and imprisonment
for 7 years

Section 12B

Public officer’s wilful misconduct
or neglect of duty to such a degree
as to amount to an abuse of publictrust in the officer holder

Fine of $30,000 and imprisonment
for 7 years

C. The Anti-Corruption Bureau
The Anti-Corruption Bureau (“ACB”) is a specialized, independent body established on 1st
February 1982 entrusted with the main function to investigate into complaints against corruption.
Under the PCA, the ACB is also conferred with powers to investigate other offences under the
Penal Code, Chapter 22 and other written laws which had been disclosed during the course ofinvestigations into corruption matters. In executing its function, the ACB has employed 3 core
strategies to combat corruption namely investigation, prevention and education.
Under the provision of Section 3 of the PCA, His Majesty the Sultan and Yang Di-Pertuanof Brunei Darussalam shall appoint a Director who will be responsible for the direction andadministration of the ACB. The provision also stipulates that the Director of ACB is not subject
to any other person apart from His Majesty the Sultan and Yang Di-Pertuan of Brunei
Darussalam.
Since its creation, the ACB has investigated a large number of cases involving a range ofoffences varying from petty to grand corruption, as well as other Penal Code offences, such as
forgery, criminal breach of trust, money-laundering as well as investigations involving foreign
jurisdictions. The ACB is also actively engaged in promoting awareness programmes so as toeducate the mass society of the dangers of corruption and to instil core values of integrity,
responsibility, accountability and trustworthiness.
The ACB’s close cooperation with foreign enforcement agencies has significantly
contributed in the effective investigation of corruption and corruption related offences.

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II. LATEST TRENDS IN CORRUPTION: BRUNEI DARUSSALAM’S PERSPECTIVE
A. Statistics of Cases Investigated by the ACB Concluded before the Courts of Brunei
Darussalam between January 2016 and October 2018
As with other jurisdictions, the investigation and prosecution of corruption cases in Brunei
Darussalam sometimes take a significant period of time to complete, due to the nature andcomplexity of corruption offences. Long protracted trials are also sometimes due to theunavailability of the Court, the Prosecution and the Defence to have the matters heard all at once.
Often the entire corrupt operations are undertaken under the cover of darkness and in amanner which reveals a systematic pattern of sinister premeditation – thus making suchoperations difficult to detect.
Below are the statistics of cases investigated by the ACB which have been concluded before
the Courts of Brunei Darussalam within the period from January 2016 to October 2018:

Key:
•
•
•
•
•

Section 6(a) of the PCA – corruptly accepts or obtains or agrees to accept or attempts to obtain gratification
as an inducement or reward.
Section 6(b) of the PCA – corruptly gives or agrees to give or offers any gratification as an inducement or
reward.
Section 7(1) of the PCA - Corrupt transaction under Section 5 or 6 relates to a contract or proposal for acontract with any public body.
Section 165 of the Penal Code – Public servant obtaining a valuable thing, without consideration, fromperson concerned in proceeding or business transacted by such public servant.
Section 409 of the Penal Code – Criminal breach of trust by public servant.

B. Recent Corruption Cases in Brunei Darussalam
1. A Royal Brunei Customs & Excise Officer: Mohd Sanip Bin Ura v Public Prosecutor(Criminal Appeal No. 7 of 2016)
Mohd Sanip bin Ura (“Sanip Ura”) was a Royal Brunei Customs and Excise Officer whose
duty included border control to prevent prohibited and restricted goods to be imported or- 38 -

exported. At the time of the offence, Sanip Ura was posted at the Brunei–Malaysia Control postnear the border of Miri, Malaysia. As an oil rich country, fuel is subsidized by the Governmentof Brunei Darussalam. The price of Dieseline fuel is BND 0.31 (USD 0.21) per litre. As with all
subsidies, the export of fuel is prohibited.
Due to the low cost of fuel compared to that of our neighbouring country, fuel smuggling isa prevalent offence in Brunei Darussalam. The modus operandi of the fuel smuggling syndicate
is to obtain a few Brunei Darussalam registered cars to buy fuel at the fuel station closest to theborder between Brunei Darussalam and Malaysia. These cars are then required to cross theborder to the nearest pit-stop for the fuel smuggling operator to syphon the fuel from the fueltank of the said cars. This routine is then repeated by the said cars for a number of times in asingle day.
Some of these cars had modified fuel tanks to increase the maximum capacity of fuel inorder to avoid arousing suspicion at the Brunei Darussalam – Malaysia border.
In a joint operation between the ACB and the Malaysian Anti-Corruption Commission(MACC), undercover agents were used to pose as fuel smugglers to bribe Customs Officers in
Brunei Darussalam. In November 2008, a legitimate fuel smuggler Kan was approached by
officers from the MACC who had been jointly investigating him together with the ACB. Kan
had been smuggling fuel and bribing Customs Officers since 2007. Kan was instructed tocontinue his fuel smuggling activities with another officer from MACC by the name of Lee.
In early December 2008, Kan introduced Lee to Sanip Ura at a coffeeshop in Kuala Belait,in Brunei Darussalam. During that meeting Sanip Ura told Lee that he had to pay him money atthe end of every month based on the number of cars used to smuggle diesoline. If the car had amodified fuel tank, Lee had to pay $100.00 for each car and if the car’s fuel tank was unmodified,
Lee had to pay $50.00. Sanip Ura instructed that Lee pay him at a later date and asked Lee not tomake arrangements with anyone else.
In mid-January 2009, Sanip Ura contacted Kan to ask Lee to pay him the monies that were
due to him. Two meetings were arranged between Sanip Ura and Lee at a coffeeshop in Kuala
Belait. During the first meeting, Lee who was wired with a pinhole camera gave Sanip Ura$200.00. Sanip Ura reminded Lee that he was supposed to pay $350 for 4 cars and Lee informed
Sanip Ura that he will pay the balance on the next day. Video recording from the pinhole camera
was tendered showing Lee holding money in his hand, followed by footage showing the absenceof money in his hand as evidence of the handover.
During the meeting the day after, Lee who was again wired with a pinhole camera met with
Sanip Ura at the same coffeeshop. Lee handed over $150 to Sanip Ura. The video recording thatwas tendered in Court showed Lee holding out the money in his hand and also showed footage of
Lee handing over the money to Sanip Ura. It was at this meeting that Sanip Ura informed Lee
that he was going to Miri, Malaysia and that he wanted Lee to arrange for him a young sexy
Filipina prostitute and to provide him with Viagra tablets.

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Lee and Kan arranged for a Filipina prostitute to meet with Sanip Ura at a hotel in Miri,
Malaysia and also purchased Viagra tablets for Sanip Ura. A video recording of the sex between
Sanip Ura and the said Filipina prostitute was tendered in evidence.
Sanip Ura was charged with two counts under section 6(a) of the PCA for accepting thebribe of $350 and gratification in the form of sexual service from a fuel smuggler and also twocounts under Section 165 of the Penal Code for obtaining cash and sexual services withoutvaluable consideration. Sanip Ura requested a trial and in 2016, he was convicted of all 4 charges
and was sentenced to 12 months custodial sentence for each count under section 6(a) of the PCA
charge and 6 months custodial sentence for each count under Section 165 of the Penal Code. The
sentences were ordered to be served concurrently; therefore the total sentence was 12 months.
Sanip Ura appealed against the conviction and sentence. On appeal, the Appellate Court heldthat the conviction and sentence were proper, thereby dismissing his appeal.
2.

An Education Officer: Hj Juhari bin Hj Muda @ Usop v Public Prosecutor(Criminal Motion No. 28 of 2016)
Hj Juhari bin Hj Muda (“Hj Juhari”), a Senior Education Officer was the Acting Head of the
School Feeding Scheme and Hostel Section at the Ministry of Education. One of the tasks of the
School Feeding Scheme and Hostel Section was to obtain tenders from independent vendors forcontractual agreements to supply foods and drinks to schools within Brunei Darussalam. Hj
Juhari was also the Chairperson of the Internal Meeting at the School Feeding Scheme andHostel Section whose duty was to ensure all tender documents are in order before submission to
the Ministry of Education Mini Tender Board.
At the time in question, the Ministry of Education had just released an advertisement
inviting prospective tenderers to tender for the supply of foods and drinks to a particular schoolin Brunei Darussalam for a period of 3 years. One Pg Hj Damit was a businessman who was
trading under several business names. He was interested in obtaining a tender contract for the
supply of food and drink to the school in Brunei for 3 years.
Pg Hj Damit submitted a few tenders under several different business names at competitive
prices. At that time, Pg Hj Damit had a staff working under him by the name of Nurul Huda who
informed him that she knew a person who can obtain the contract for him. Nurul Huda
approached her friend Bibi to inform her that a business was interested in securing the tender
contract for the 3 years’ supply of foods and drinks to the school. Nurul Huda informed Bibi thatPg Hj Damit was willing to pay for securing the contract. Pg Hj Damit did not want Hj Juhari toknow that he was the tenderer.
Bibi then approached Hj Juhari and asked him to check on the status of the tender documentthat was submitted by Pg Hj Damit. Bibi informed Hj Juhari that the tenderer was her relative. In
a subsequent WhatsApp conversation between Bibi and Hj Juhari, Bibi informed him that thetenderer was willing to pay 5k if the tender contract was granted. Hj Juhari then arranged for
Bibi to meet up with him and showed Bibi how much profit the tenderer would gain if they wereawarded the contract. He asked Bibi to ask the tenderer for a higher sum of $50,000.

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In subsequent WhatsApp messages between Bibi and Hj Juhari, Bibi texted him stating thefigure “25”. Bibi said Hj Juhari then called her to demand for $40,000, which was to be made in
two payment instalments. Hj Juhari informed Bibi that he had to pay people in the Internal
meeting for them to agree to Pg Hj Damit’s tender.
Nurul Huda, on behalf of Pg Hj Damit, then asked Bibi to renegotiate for a one-time
payment of $35,000 only. Bibi sent a WhatsApp text to Hj Juhari stating “35”. After stating thisfigure, Hj Juhari replied saying that he will check with the others. According to Bibi, Hj Juharithen called her the next day to inform her that he agreed with the proposed payment of $35,000.
On the same day, Hj Juhari also sent a WhatsApp text to Bibi to ask her if she could meet him
before his 5:30 pm meeting. According to Bibi, that was when she met with Hj Juhari to pay him
the said sum of $35,000.
The matter was reported to the ACB, and Hj Juhari was charged with an offence of corruptly
accepting bribe contrary to Section 6(a) of the PCA. Several witnesses were called to Court totestify that Hj Juhari recommended two companies, one of which was Pg Hj Damit’s company,
during the School Feeding Scheme and Hostel Section Internal Meeting. Witnesses also gave
evidence that subsequently, in the Ad-Hoc Committee Meeting which was held for the purposeof deciding which company to award the 3-year supply of foods and drinks contract, the Director
adopted the Internal Meeting’s recommendation.
During the trial, the WhatsApp conversation between Bibi and Hj Juhari was extracted using
the IT Forensic Oxygen UFED software. This was helpful in painting the bigger picture
especially when Hj Juhari denied ever taking money from Bibi and claimed that he did not knowwhat the figures “25” and “35” meant even though a few messages before this she had madereference to “5k”.
Hj Juhari was convicted after trial and was sentenced to 2 years, custodial sentence and was
also ordered to pay a penalty of $35,000 or to serve an additional “in default” sentence of 6months. He appealed against his conviction and sentence, but the Appellate Court held that theconviction and sentence were proper.
3.

Musfada Enterprise – BSP Corruption
In 2009, Musfada Enterprise, a registered vendor of the Brunei Shell Petroleum Company
Sdn Bhd (BSP) was discovered to be involved in corrupt practices with employees of BSP.
Musfada Enterprise was the sole supplier of a fictitious ‘Vitrone Degreaser’, a detergent createdby Musfada Enterprise. Investigation from the ACB revealed that Musfada Enterprise bought
Falchem Degreaser, which was produced in Singapore through a “kitchenware supplier”. Once
Falchem Degreaser arrived in Brunei, Musfada Enterprise physically altered the name of
Falchem Degreaser to Vitrone Degreaser and supplied it to BSP as an exclusive brand from 2007
to 2009. This Vitrone Degreaser was used for cleaning oil spills and dirt from the various oil
tanks in BSP. The supplies of Vitrone Degreaser were based on quotation or ad hoc basis with nolong-term contract.

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Investigation by the ACB revealed that BSP had placed orders and paid for 5,835 drums of
Vitrone Degreasers but only 383 were actually delivered to BSP. Each Drum cost BND $1,400,
equivalent to USD $1,1015.54.
Musfada Enterprise was managed by a man named David Chong who had two men working
under him, Thomas Ling and Steve Liew, who each played a pivotal role in defrauding BSP. In
the fraudulent scheme that was run by David Chong, both Steve Liew and Thomas Ling were to
pay commissions (bribes) to BSP employees who created or expedited the approval of workorders, purchase requisitions and purchase orders in the BSP Procurement process. Once thepurchase orders were approved, Musfada Enterprise would send delivery orders to the relevant
BSP employees. Such BSP employees would then sign the delivery orders to acknowledge thedeliveries, notwithstanding the fact that there had been no deliveries or only partial deliveries
made. For goods that were delivered the commission paid was usually 30% of the price forgoods that were delivered, whereas for goods that were not delivered the commission paid was
50% of the price for the goods that were not delivered.
The BSP employees who merely created the Purchase Orders and were not aware of thedelivery of the items were usually rewarded with a 3% commission based on the number ofPurchase Orders created in a month. The commission was payable at the end of every month.
The BSP employee who signed the Delivery Order would usually get $100 to $200 for eachsigned Delivery Order without inspection of the goods delivered. From the period of 2015 to date,
Brunei Darussalam has prosecuted only 8 BSP employees out of a total of 31 employees, whoeach had a different role in the BSP Procurement process that had allowed Musfada Enterprise to
defraud BSP into losing BND $7,354,200 equivalent to USD $5,332,352. The diagram below
shows an overview of the work flow of the BSP’s Procurement Process and the role that theeight employees played in the process.

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The 8 employees were charged and sentenced as follows:(i) Public v Prosecutor v Aidah binti Tengah (HCCT No. 5 of 2015)
Aidah binti Tengah (“Aidah Tengah”) was charged with a total of 20 charges in respect of a
total gratification of $200,200. She pleaded guilty mid-way through the trial to 15 charges inrespect of gratification in the sum of $189,500 and was sentenced to 5 years’ imprisonment. She
was also ordered to pay Prosecution’s costs and a penalty. On appeal (CA No. 18 of 2016) the
sentence was reduced to 3 years because Aidah Tengah was held not to be fully involved in thewhole fraudulent scheme — her exposure to the corruption was only limited to her part in thecreation of the purchase orders. The sentence was also reduced because Aidah Tengah had
rehabilitated herself.
(ii) Public Prosecutor v Latifah binti Junaidi (HCCT No. 18 of 2015)
Latifah binti Junaidi was charged with a total of 102 charges in respect of a total
gratification of $51,407. She pleaded guilty at the first day of trial to 35 charges in respect ofgratification in the sum of $36,073. She was sentenced to 3 years and 8 months’ imprisonment
and was also ordered to pay Prosecution’s costs and a penalty. On appeal against the sentence(CA No. 4 of 2017), the Court of Appeal held that sentence imposed was proper.
(iii) Public Prosecutor v Asnah binti Sairan (Criminal Trial No. 907 of 2015)
Asnah binti Sairan was charged with a total of 16 charges in respect of a total gratification of$28,300. She requested a trial and was found guilty and sentenced to a custodial sentence of 4

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years and 6 months. She has filed an appeal against both conviction and sentence, which is yet tobe heard and determined by the Appellate Court.
(iv) Public Prosecutor v Sabeli bin Ismail (MCCT No. 909 of 2015)
Sabeli bin Ismail was charged with a total of 11 charges for corruptly accepting bribes
totalling $51,850. He pleaded guilty at the first day of trial to 6 charges in respect of gratificationin the sum of $30,250. He was sentenced to 4 years’ imprisonment and was ordered to pay
Prosecution’s costs and a penalty. On appeal (HACM No. 38 of 2016), the sentence of 4 years’
imprisonment was upheld. The Court held that Sabeli bin Ismail had played a pivotal role in the
fraud against BSP.
(v) Public Prosecutor v Mohd Faisal bin Hj Ismail (MCCT No. 911 of 2015)
Mohd Faisal bin Hj Ismail was charged with 26 counts of corruptly accepting bribe totallingto the sum of $52,695. Following conviction after trial, a custodial sentence of 6 years was
imposed and he was ordered to pay Prosecution’s costs and a penalty. Mohd Faisal bin Hj Ismail
elected not to appeal the conviction on sentence.
(vi) Public Prosecutor v Muhd Azam Zaki bin Md Zain (HCCT No. 6 of 2015)
Muhd Azam Zaki bin Md Zain was charged with 13 counts of corruptly accepting bribes
totalling $110,100. Upon conviction on his own guilty plea to 5 counts in respect of gratificationin the sum of $88,200, he was sentenced to 4 years’ imprisonment. On appeal the Court held thatthe sentence imposed was proper as he was involved in the full part of the plan and had accepted
considerable gratification.
(vii) Public Prosecutor v Rosli Simon (MCCT No. 910 of 2015)
Rosli Simon was charged with 11 counts of corruptly accepting bribes totalling $65,800.
Following conviction after trial, the Court imposed a custodial sentence of 6 years and ordered
Rosli Simon to pay Prosecution’s costs and a penalty. He filed a criminal motion out of time
(Criminal Motion No. 33 of 2017) to apply for leave to appeal against his sentence. On appeal it
was held that the sentence imposed of 6 years’ imprisonment was proper.
(viii) Public Prosecutor v Salehen Marsal (HCCT No. 7 of 2015)
Salehen Marsal was charged with 49 counts of corruptly accepting bribes totalling$200,872.13. He requested a trial and was convicted on all 49 counts. Salehen Marsal was
imposed with a sentence of 6 years’ imprisonment and was ordered to pay Prosecution’s costs
and a penalty. On appeal (CA No. 2 of 2017), the sentence of 6 years was upheld as Salehen washeld to be aware of the full extent of the criminal scheme.
4.

Bribing Government Officers.
In 2017, Nauaz Ali was a foreign national who was working in Brunei Darussalam. During
an operational raid, he was found in possession of an expired Brunei National Registration
Identification Card by the policeman on duty. Nauaz pleaded with the policeman to not takeaction against him and offered the said policeman $20. The policeman reported the matter andNauaz was subsequently charged for an offence of bribing a policeman under Section 6(b) of the
PCA. He pleaded guilty at first instance and was sentenced to a custodial sentence of 8 months.

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Another foreign national, Pathmanathan Jegan Muhammad Saifullah bin Abdullah who wasserving a custodial sentence for another offence, bribed a prison officer to allow him to use theofficer’s mobile phone with the promise to pay him 200 euros that will be wired to his accountfrom his family in his home country. He was charged with the offence of bribing a prison officer
under Section 6(b) of the PCA. Upon conviction on a guilty plea, he was sentenced to 12 months’
imprisonment.
III. EFFECTIVE COUNTERMEASURES
Brunei Darussalam is not in isolation in its fight against corruption. In addition toformulating its own policies, Brunei Darussalam has also adopted best practices shared by its
regional and international counterparts. Engagement in collaborative work with other foreign
enforcement agencies has further enhanced Brunei Darussalam’s capability in effectively
combating corruption.
Brunei Darussalam has employed various countermeasures. In particular, Brunei
Darussalam has embarked on a series of extensive anti-corruption awareness programmes for all
levels of society. As custodian of the PCA, the ACB has been instrumental in promoting, atvarious levels of the Government and the private sector, and within the nation’s multi-tiered
education system, such programmes that instil concepts and principles of integrity,
accountability, responsibility and trustworthiness. Public outreach programmes have also been
conducted for the purposes of increasing anti-corruption awareness among the general public.
The ACB has further devoted special attention to working with young people and children as
part of a strategy to prevent corruption.
A. Effective Education and Awareness Programmes for Government and the Private
SectorInter alia, the objectives of the education and awareness programmes for the Government
and the private sector are as follows:• to instill integrity and core values; and• to promote awareness of the importance to fight any corrupt elements in their day-to-day
dealings.
In executing its duties as the main agency entrusted and empowered to tackle corruption, the
ACB has been holding dialogues and delivering talks to the following:• To officers and staff of Government Ministries and Departments;• To newly recruited Government officers and staff during Public Service Induction
Courses;• To newly appointed diplomatic missions of Brunei Darussalam abroad; and• To officers and staff of statutory bodies, GLCs and private companies.

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B. Effective Education and Awareness Programmes for Students at Primary, Secondary
and Tertiary Levels
Brunei Darussalam has identified the children and youth as a class of individuals requiring a
specialist, carefully tailored anti-corruption awareness approach. The objectives of suchawareness programmes are:
• To inculcate good values at early childhood so as to serve as a basic platform forproducing future responsible adults with core values such as integrity, accountability,
responsibility and trustworthiness.
• To generate a more educated society with anti-corruption awareness in the longer term.
Schools provide a practical and conducive platform of opportunity to achieve these aims byeducation. As part of its wider and continuous outreach preventive effort to the young generation,
in January 2006, the ACB launched the inclusion of Corruption Prevention Education (CPE) in
the National Curriculum. This project is a landmark national programme to include anticorruption and prevention education in public education curriculum. This programme wasinitiated by the ACB with the joint effort of the Curriculum Development Department, Ministryof Education. The CPE books and training materials were made in phases and have completed its
modules from Year 1 in 2006 to Year 6 in 2012.
Anti-corruption lessons are taught to school students as part of their civic studies. Students
continue to learn in greater depth the dangers of corruption and the importance of battling its
elements from seeping through the veins of society as they progress to tertiary education. At thehigher institutions, such anti-corruption lessons are embedded in the Malay Islamic Monarchy(Brunei Darussalam’s national philosophy) tertiary course module.
The ACB also frequently delivers talks to students, teachers, lecturers and members of staff
in Primary and Secondary Schools, as well as Universities. The ACB, in collaboration with theCentre for Promotion of Knowledge and Language Learning of the Sultan Sharif Ali Islamic
University has also organized an oratory competition for higher institution students in Brunei
Darussalam, with the theme “The Role of Higher Institution Students in Combating Corruption.”
C. Effective Education and Awareness Programmes for the General Public
It is vital for members of the general public to be instilled with core values which are
fundamental to the social and economic development of the nation. The ACB, in playing its roleas the pivotal agency in eradicating corruption, has continuously delivered anti-corruption
awareness talks to village heads and communities.
As a nation which practices Islamic principles in all aspects of life and governance, theharms associated with corruption are often highlighted in the religious context. To commemorate
International Anti-Corruption Day, every year the Friday Prayer Sermon will touch upon theimportance of fighting corruption in all segments of the society. The Sermon will be read out inall mosques throughout Brunei Darussalam. Islamic literatures addressing the ills of corruption- 46 -

are also made available by the ACB in mosques throughout Brunei Darussalam. Religious talks
on corruption as a vice are also often held by religious scholars.
The national television and radio channels also air anti-corruption tickers as effective andrapid means to promote anti-corruption awareness amongst members of the public.
D. Effective Preventive Measures
As a means of preventing corruption, Brunei Darussalam has set in place a number of checkand balance mechanisms. Realizing that offences of corruption are difficult to detect and prove,as part of good governance, audits in both the Government sector the private sector are
conducted from time to time.
Procurement of assets and services often entail tedious down-selection and award processes
involving a number of individuals in positions of power and trust. As such, by having in place
Procurement Tender Boards, corrupt elements can be minimalized or completely eliminated.
Depending on the value of procurement, the down-selection and award processes may even haveto undergo scrutiny through a multi-tiered Procurement Tender Board.
Brunei Darussalam has also made it a regulation for members of the public service todeclare any such gifts received from third parties in their course of duties. Such practice is also
widely adopted in the private sector as an effective means of ensuring their employees are notpersuaded to act preferentially to the givers of such gifts.
E. Effective Measures for Prosecuting Corruption
The Criminal Justice Division of the Attorney General’s Chambers has a specialized team of
Prosecutors conducting the prosecution of corruption cases. By having a specialized team,dedicated to the analysis, assessment and prosecution of corruption cases, it is envisaged that
more successful outcomes can be obtained in respect of corruption cases which are brought
before the Courts of Brunei Darussalam.
To ensure that the Attorney General’s Chambers provide high quality prosecution and legal
advisory services, it is crucial to have continuous training for Prosecutors. Frequent participationof Prosecutors in regional corruption seminars and conferences has proven to be an effective
measure in broadening the Prosecutors’ knowledge and expertise. Such participations have alsosignificantly enhanced cooperation between the local Prosecutors and Prosecutors from otherjurisdictions. Therefore, the Attorney General’s Chambers will continue to give suchopportunities and exposures to its Prosecutors.
As part of promoting life-long learning experience, while at the same time focusing on
capacity-building in respect of corruption-offence specialists, the Attorney General’s Chambers
have also continued to encourage its Prosecutors to enrol in master’s degree programmes which
offer corruption and money-laundering modules.
Another measure to ensure effective prosecution of corruption cases is by nurturing close
ties and cooperation between the Prosecutors and the ACB. The Legal Clinic has been
introduced early this year with the objective of providing an avenue for the Investigating Officers- 47 -

to discuss their cases with the Prosecutors on a more frequent basis. Dialogues between theProsecutors and the ACB are also held so as to enable both parties to discuss issues pertaining to
the investigation and prosecution of corruption cases. It is also used as a platform to explain
judgments of the Courts of Brunei Darussalam so that moving forward, both the ACB and theProsecutors can learn and develop from the issues raised and remarked by the Courts.
The use of technology has also greatly assisted in the effective prosecution of corruption
cases. IT Forensic technology has enabled the extraction of data and information pertaining to
the corrupt activities. Advanced communication technology has also made it possible for thelocation tracking of corrupt individuals.
F. Effective Measures for Asset Recovery and International Cooperation
1. Asset Recovery and the International Framework
In Brunei Darussalam, the legislative framework that allows for asset recovery both within
Brunei Darussalam and abroad is provided for in the Criminal Asset Recovery Order (2012) andthe Mutual Assistance in Criminal Matters Order (2005). One of the most effective measures ininternational asset recovery is the existence of close networking between the Prosecutors andtheir international counterparts. The close network provides a platform for the expeditious
processing of international requests through both formal and informal channels. It is realized that
especially with the International Mutual Legal Assistance request, informal cooperation can
speed up the process of a request for assistance.
Another effective measure for ensuring successful asset recovery is by way of providing
adequate information to the foreign authorities when submitting requests for mutual legal
assistance. In order to address this need to provide adequate information, there must be aneffective mechanism that can facilitate the gathering of intelligence and collection of evidence.
Benefitting from existing close international relations, Brunei Darussalam’s enforcement
agencies such as the ACB and the Royal Brunei Police Force are able to tap the resources andexpertise of their international counterparts, which directly and indirectly contribute towards thegathering of reliable intelligence and collection of adequate evidence, sufficient to enable therequested foreign authorities to identify the types of assistance to render to Brunei Darussalam.
2.

Successful Asset Recovery and International Cooperation
One example of Brunei Darussalam’s successful asset recovery through international
cooperation was the recovery of assets from David Chong’s account in Singapore.
MUSFADA ENTERPRISE (DAVID CHONG) – Newspaper Report
The Attorney General’s Chambers (AGC) has recovered over BND$600,000
from the bank accounts in Singapore of a key Brunei Shell Petroleum
contractor, who was jailed for bribery in November 2013.
The case marked the first time the Government of Brunei Darussalam has
enforced an asset recovery order through the use of Mutual Legal Assistance,
the AGC said in a press statement.

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The AGC said the recovery of the proceeds of the corruption case served as“a reminder that criminals who hide their money and assets overseas are notuntouchable”.
The contractor, Malaysian national David Chong, who was the manager ofMusfada Enterprise, was found guilty of multiple counts of bribing Shell
employees in what was described by the High Court as a case involving“syndicated corruption on the large scale” between 2005 and 2009. The case
was investigated by the Anti-Corruption Bureau.
In addition to Chong’s total jail term of six years and four months, the judge
in the case, Judicial Commissioner John Gareth Lugar-Mawson, had made a
Benefit Recovery Order under the Criminal Asset Recovery Order (CARO) inorder to recover funds held in Chong’s bank accounts in Singapore.
The AGC and the Attorney General’s Chambers of Singapore, both of whichfunction as the Mutual Legal Assistance Secretariats of their respective
nations, had carried out extensive cooperative work to enforce the Benefit
Recovery Order.
“The money is to be paid into the Criminal Assets Confiscation Fund,established under CARO which is managed by the Permanent Secretary of the
Ministry of Finance,” the AGC said.
The AGC said the recovery of proceeds from the crime highlighted theimportance of mutual legal assistance.
The successful enforcement of the Benefit Recovery Order, as demonstrated in the aforesaid
criminal case, is also testament to the comprehensive and robust legal international cooperation
framework that Brunei Darussalam possesses through laws such as the Mutual Assistance in
Criminal Matters Order (MACMO) and the Criminal Asset Recovery Order, as well as the strong
and long-standing working relationship between the Attorney General’s Chambers of Brunei
Darussalam and Singapore.
IV. CONCLUSIONAs clearly illustrated from the aforesaid corruption cases, Brunei Darussalam adopts a ‘zero
tolerance’ policy towards corruption. Irrespective of the amounts of bribes and gratifications
offered or received, the Government of Brunei Darussalam sternly deals with such corrupt
individuals by instituting prosecution against them before the Courts of Brunei Darussalam. The
Courts of Brunei Darussalam have also demonstrated their firm stance against corruption andtheir resolve to deter others from committing corruption and corruption-related offences throughthe severe penalties imposed.
In his Titah in conjunction with the 2008 New Year Celebration, His Majesty the Sultan andYang Di-Pertuan of Brunei Darussalam stressed as follows:- 49 -

Do not assume ‘petty corruption’ does not matter, but keep in mind the risks. Small orbig, little or lot, are all equally a disease, which can adversely affect the country. A
country drowning in corruption is an unfortunate country.

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