Enhanced punishment for offences involving protected computers.
9. (1) Where access to any protected computer is obtained in the course
of the commission of an offence under sections 3, 5, 6 or 7, the person
convicted of such offence is in lieu of the punishments respectively prescribed in those sections, liable on conviction to a fine not exceeding
$100,000, imprisonment for a term not exceeding 20 years or both.
(2) For the purposes of subsection (1), a computer shall be treated as
a “protected computer” if the person committing the offence knew, or ought
reasonably to have known, that the computer, program or data was used
directly in connection with or necessary for —
(a) the security, defence or international relations of Brunei
Darussalam;
(b) the existence or identity of a confidential source of
information relating to the enforcement of a criminal law;
(c) the provision of services directly related to communications
infrastructure, banking and financial services, public utilities, public
transportation or public key infrastructure; or
(d) the protection of public safety, including systems related to
essential emergency services, such as police and medical services.
(3) For the purposes of any prosecution under this section, it shall be
presumed, until the contrary is proved, that the accused had the requisite
knowledge referred to in subsection (2) if there was, in respect of the
computer, program or data, an electronic or other warning exhibited to the
accused stating that unauthorised access to that program or data will attract
an enhanced penalty under this section.
