Flight BI839 (Labuan – Bandar Seri Begawan – Miri) took off from Bandar Seri Begawan at 19:03. The crew contacted Miri requesting clearance to land. The controller cleared the flight for the final approach to runway 02, but no reply was received. The Dornier struck treetops and slammed into the slope midway up Lambir Hill (at 500 m) The wreckage was found 07:10 the next morning. The brand new airplane was owned by Merpati Intan of Malaysia, but operated on behalf of Royal Brunei Airlines. At the time of the accident Merpati Intan was in the process of obtaining an Air Operating Permit (AOP). They had arranged Hornbill Skyways to be allowing the flights to be conducted on their AOP. Causal Factors: 1. Commander’s and the First Officer’s decision to execute a visual approach when the reported ceiling was below the approved initial approach level stated in the Terminal Approach Chart; 2. Commander’s and the First Officer’s inability to navigate visually in IMC after they had declared visual with the airfield; Contributory factors to the causes of the accident: 1. The Air Traffic Controller’s decision to clear the aircraft to execute a visual approach when the reported ceiling was below the approved initial approach level in the Terminal Approach Chart; and Whereas the investigator has observed that: 1. Hornbill Skyway’s operational control was insufficient to ensure a pilot that was not his employee and that he had the necessary qualifications to conduct the charter.