Brunei Darussalam

Last updated on: 15 November 2014

Criminalisation of HIV transmission/exposure

Brunei Darussalam
Whether Specific law enacted: 
No
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Penal Code Chapter 22 (1951).

Key wording in the law: 

Negligent act, Malignant act

Discussion: 

Penal Code (s 269) Negligent act likely to spread infection of disease dangerous to life-

Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, liely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a term of up to six months and/or fine.

Penal Code (s 270) Malignant act likely to spread infection of disease dangerous to life-

Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment for a maximum possible sentence of two years and/or fine.

To our knowledge there have been no prosecutions or convictions for the transmission of HIV occuring under this law so the application of the law to alleged HIV transmission is, at present, merely theoretical.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

People infected with HIV are not allowed to enter or stay in Brunei.

No HIV testing is required for short-term (tourist) stays. People wishing to work or study in Brunei need a work and residence permit. Persons applying for these titles must undergo a health examination when applying for a work permit in their country of origin and again, within two weeks after entering Brunei. This health check includes HIV testing. No medical certificate has to be presented when entering the country. 

Local authorities will deport HIV-infected foreigners to their native country. A person's residence permit will be cancelled if an HIV infection is detected. Doctors have to report positive HIV test results to the Ministry of Health.

There are no regulations concerning the import of antiretroviral medication for personal use.

HIV test required for all persons applying for work permits.

For updated information, please go to: www.hivrestrictions.org http://www.hivrestrictions.org/

 

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of less than 10 years

Female to Female Relationships: Legal

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes