LAWS OF BRUNEI
p. 12
2007 Ed.]
Computer Misuse
[CAP. 194
Saving for investigations by police and law enforcement officers.
14.
Nothing in this Act shall prohibit a police officer, any person
authorised in writing by the Commissioner of Police under section 18(1) or
any other duly authorised law enforcement officer from lawfully conducting
investigations pursuant to his powers conferred under any written law.
Evidence from computer records.
15.
(1) Notwithstanding sections 35A and 35B of the Evidence Act
(Chapter 108), in any proceedings under this Act any relevant output shall be
admissible as evidence of any fact stated therein if it is shown —
(a) that there is no reasonable ground for believing that the
output is inaccurate because of improper use of the computer and that
no reason exists to doubt the truth or reliability of the output; or
(b) that at all material times the computer was operating
properly, or if not, that any respect in which it was not operating
properly or was out of operation was not such as to affect the
production of the output or the accuracy of its contents.
(2) For the purpose of deciding whether or not such output is
admissible, the court may draw any reasonable inference from the
circumstances in which the output was made or otherwise came into being.
(3) The Minister may, with the approval of His Majesty the Sultan
and Yang Di-Pertuan, make rules requiring that, in any proceedings where it
is desired to give a statement in evidence by virtue of this section, such
information concerning the statement shall be provided in such form and at
such time as may be so required.
Supplementary provisions on evidence.
16.
(1) In any proceedings where it is desired to admit output in
evidence in accordance with section 15, a certificate —
(a) identifying the output and describing the manner in which it
was produced;
(b) giving such particulars of any device involved in the
production of that output as may be appropriate for the purpose of
showing that the output was produced by a computer;