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Document Information:
- Year: 2011
- Country: Brunei Darussalam
- Language: English
- Document Type: Domestic Law or Regulation
- Topic:
LAWS OF BRUNEI
CONSTITUTIONAL MATTERS I
CONSTITUTION OF BRUNEI DARUSSALAM
S 97/59
Amended by
S 121/61
E 2/63
E 4/64
E 6/67
S 59/70
S 7/83
S 32/83
S 8/84
S 11/84
1984 Edition, Constitutional Matters I
Amended by
S 20/85
S 32/04
S 47/04
S 65/04
S 69/04
2004 Edition, Constitutional Matters I
Amended by
S 14/06
S 15/06
REVISED EDITION 2011
B.L.R.O. 2/2011
LAWS OF BRUNEI
Constitution of Brunei Darussalam
1 CONST. I
B.L.R.O. 2/2011
LAWS OF BRUNEI
REVISED EDITION 2011
CONSTITUTIONAL MATTERS I
CONSTITUTION OF BRUNEI DARUSSALAM
ARRANGEMENT OF ARTICLES
Invocation.
Preamble.
Article
PA RT I
PRELIMINARY
1.Citation.
2.Interpretation.
PA RT I I
RELIGION AND ADAT ISTIADAT
3.Official religion of Brunei Darussalam and religious observance.
3A.Majlis Mesyuarat Adat Istiadat.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
2CONST. I
PA RT I I I
EXECUTIVE AUTHORITY
4.Executive authority and principal officers.
PA RT I V
PRIVY COUNCIL
5.Establishment of Privy Council.
6.Functions of Privy Council.
7.Summoning and quorum.
8.Presiding in Privy Council.
PA RT I VA
PARDONS BOARD
8A.Establishment of Pardons Board.
9.Prerogative of Mercy.
PA RT V
COUNCIL OF MINISTERS
10.Establishment of Council of Ministers.
11 .Constitution of Council of Ministers.
12.Tenure of office and vacation of seats.
13.Repealed.
14.Attendance at Council of Ministers of non-Members.
15.Precedence.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
3 CONST. I
B.L.R.O. 2/2011
16.Summoning and quorum.
17.Presiding in Council of Ministers.
18.Consultation with Council of Ministers.
19.His Majesty not bound to act in accordance with the advice of
Council of Ministers.
19A.Decision of Council of Ministers.
20.Minutes.
21.Oath to be taken by Members.
22.Secretary to Council of Ministers.
PA RT V I
LEGISLATIVE COUNCIL
23.Establishment of Legislative Council.
24.Composition and membership of Legislative Council.
25.Repealed.
26.Repealed.
27.Repealed.
28.Repealed.
29.Qualifications for Members.
30.Disqualification for Members.
31.Tenure of office and vacation of seats.
32.Decisions of questions as to membership of Legislative Council.
33.Temporary appointments.
34.Attendance at Legislative Council of non-Members.
35.Repealed.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
4CONST. I
36.Repealed.
37.Speaker and Deputy Speaker.
38.Speaker or Deputy Speaker to attend and preside.
PA RT V I I
LEGISLATION AND PROCEDURE IN THE
LEGISLATIVE COUNCIL
39.Power to make laws.
40.Introduction of Bills.
41.Publication of Bills.
42.Description of Bills, motions and petitions not to proceed without
approval.
43.Voting.
44.Vacancies and quorum.
45.Assent to Bills.
46.Style of laws and enacting words.
47.Reserved powers.
48.Standing Orders.
49.Oath to be taken by Members.
50.Clerk to the Legislative Council.
51.Minutes.
52.Sessions of Legislative Council.
53.Privileges of Members of Legislative Council.
54.Right of His Majesty to address Legislative Council.
55.Prorogation and dissolution.
LAWS OF BRUNEI
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5 CONST. I
B.L.R.O. 2/2011
PART VIII
FINANCE
56.No taxation unless authorised by law.
57.Civil List of His Majesty, His Consort and the Royal Family.
58.Consolidated Fund.
59.Expenditure charged on Consolidated Fund.
60.Annual estimates of receipts and expenditure.
61.Supply Bill.
62.Supplementary and excess expenditure.
63.Power to authorise expenditure on account or for unspecified
purposes.
64.Contingencies Fund.
65.Withdrawals from Consolidated Fund.
66.Auditor General.
67.Powers and duties of Auditor General.
68.Reports of Auditor General.
69.Exclusion of Muslim revenues and funds.
PA RT I X
PUBLIC SERVICE
70.Tenure of office in public service.
71.Public Service Commission.
72.Secretary to Public Service Commission.
73.Salaries of members of Public Service Commission.
74.Appointments in public service.
LAWS OF BRUNEI
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6CONST. I
75.Regulations.
76.His Majesty to require oaths.
77.Repealed.
78.Repealed.
PA RT X
STATE SEAL
79.State Seal.
PA RT X I
MISCELLANEOUS
80.Provisions to give effect to Constitution.
81.Attorney General and his functions.
82.Official language.
83.State of Emergency.
83A.Saving of Acts, Proclamations and Orders.
84.Effect of Constitution on His Majesty’s Prerogatives.
84A.Appointment to specified offices.
84B.Immunity.
84C.No judicial review.
84D.Extra-territorial effect of laws.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
7 CONST. I
B.L.R.O. 2/2011
PA RT X I I
AMENDMENT AND INTERPRETATION
OF CONSTITUTION
85.Amendment of Constitution.
86.Interpretation Tribunal.
87.Authorised reprints of Constitution.
Confirmation.
Invocation.
________________________ FIRST SCHEDULE — FORMS
SECOND SCHEDULE — PROVISIONS RELATING TO
LEGISLATIVE COUNCIL
THIRD SCHEDULE — LIST OF SPECIFIED OFFICES
LAWS OF BRUNEI
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9 CONST. I
B.L.R.O. 2/2011
CONSTITUTION OF BRUNEI DARUSSALAM
Commencement:
29th September 1959 for Parts I, II, III, X, XI and X11
[S 105/59]
18th October 1959 for Parts IV, V, VI and VII
[S 120/59]
1st January 1960 for Part VIII
[S 155/59]
1st January 1962 for Part IX
[S 108/62]
Invocation.
In the name of ALLAH, the Compassionate, the Merciful, PRAISE be
to ALLAH, the Lord of the Universe, and may the benediction and peace of
ALLAH be upon Our Leader Muhammad and upon all his Relations and
Friends.
BY THE GRACE OF ALLAH, OMAR ALI SAIFUDDIN SA’ADUL
KHAIRI WADDIN IBNI AL-MARHUM MOHAMED JAMALUL-ALAM
of Brunei Darussalam and all its Dependencies, the Sultan and Yang
Di-Pertuan, SOVEREIGN AND CHIEF OF THE MOST ESTEEMED
FAMILY ORDER, SOVEREIGN AND CHIEF OF THE MOST
HONOURABLE ORDER OF THE CROWN OF BRUNEI, ORDER OF SRI
MAHKOTA NEGARA, MOST ESTEEMED FAMILY ORDER (FIRST
CLASS) KELANTAN, HONORARY KNIGHT COMMANDER OF THE
MOST DISTINGUISHED ORDER OF SAINT MICHAEL AND SAINT
GEORGE.
Preamble.
WHEREAS provision is being made in a separate Proclamation (in
this Constitution referred to as “the Succession and Regency Proclamation,
1959”) for certain matters affecting His Majesty the Sultan and Yang
Di-Pertuan, the Succession to the Sultanate and His Majesty the Sultan and
Yang Di-Pertuan’s family;
WHEREAS WE intend to govern in accordance with the provisions
of this Constitution and the laws of Brunei Darussalam and, by progressive
LAWS OF BRUNEI
Constitution of Brunei Darussalam
10CONST. I
steps hereafter, to introduce further representative institutions into the
government of Brunei Darussalam;
AND WHEREAS WE have, with the advice and consent of OUR
traditional advisers, decided to make such provisions for the regulation of the
government of Brunei Darussalam as is hereinafter contained;
NOW, THEREFORE, WE by the rights and powers of OUR
Prerogatives as Sultan and Yang Di-Pertuan of the Sovereign State and
Territory of Brunei Darussalam and all its Dependencies, do HEREBY
PROCLAIM in OUR name and on OUR behalf and for and on behalf of
OUR SUCCESSORS as hereinafter follows:
PA RT I
PRELIMINARY
Citation.
1.This Constitution may be cited as the Constitution of Brunei
Darussalam.
Interpretation.
2.(1) In this Constitution, unless the context otherwise requires —
“Attorney General” means the officer appointed under Clause (1)
of Article 81;
[S 65/04]
“Auditor General” means the officer appointed under Clause (1) of
Article 66;
[S 65/04]
“Brunei Investment Agency” means the body corporate
established by the Brunei Investment Agency Act (Chapter 137);
[S 65/04]
“Chief Syar’ie Judge” means the Chief Syar’ie Judge appointed
under the Syariah Courts Act (Chapter 184);
[S 65/04]
LAWS OF BRUNEI
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11 CONST. I
B.L.R.O. 2/2011
“citizen of Brunei Darussalam” means a subject of His Majesty the
Sultan and Yang Di-Pertuan by virtue of the provisions of any
written law relating to nationality;
[S 65/04]
“Civil List” means the provision made for the maintenance of His
Majesty the Sultan and Yang Di-Pertuan, His Consort and other
members of the Royal Family out of public funds;
[S 65/04]
“Clerk to the Legislative Council” includes any person appointed
by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk
to that Council;
“Clerk to the Privy Council” includes any person appointed by His
Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that
Council;
“Council of Ministers” means the Council of Ministers established
by Article 10;
[S 65/04]
“Council of Regency” means the Council of Regency appointed
under the Succession and Regency Proclamation, 1959;
[S 65/04]
“debt” includes any liability in respect of any obligation to repay
capital sums by way of annuities and any liability under any
guarantee;
“Deputy Minister” means any person appointed under Clause (3)
of Article 4;
[S 65/04]
“Deputy Sultan and Yang Di-Pertuan” means the person appointed
by His Majesty the Sultan and Yang Di-Pertuan under the
Succession and Regency Proclamation, 1959;
[S 65/04]
“Government” means the Government of His Majesty the Sultan
and Yang Di-Pertuan;
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
12CONST. I
“high judicial office” means the office of a Judge of the Supreme
Court, or of a court having unlimited jurisdiction in civil or
criminal matters, or of a court having jurisdiction in appeals from
any such court;
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan”
means —
(a)a Sultan whose accession to the throne has been proclaimed
whether or not he has been crowned as the Sultan and Yang Di-
Pertuan;
(b)where appropriate, a Council of Regency; and
(c)to the extent to which a Deputy to His Majesty the Sultan
and Yang Di-Pertuan is authorised to act, that Deputy;
[S 65/04]
“His Majesty in Council” or “His Majesty the Sultan and Yang Di-
Pertuan in Council” means His Majesty the Sultan and Yang Di-
Pertuan acting after consultation with the Council of Ministers, but
not necessarily in accordance with the advice of that Council nor
necessarily in that Council assembled;
[S 65/04]
“instrument” includes any publication in the Gazette, whether or
not such publication merely purports to publish the doing of an act
or the occurrence of a fact or event, or otherwise conveys or
purports to convey information;
“Islamic Religion” means the Islamic Religion according to the
Shafeite sect of Ahlis Sunnah Waljamaah;
[S 32/04; S 65/04]
“Kepala Wazir” means the noble and illustrious personage known
as the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar;
[S 65/04]
“Legislative Council” means the Legislative Council established
by Article 23;
[S 65/04]
LAWS OF BRUNEI
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13 CONST. I
B.L.R.O. 2/2011
“meeting”, in relation to the Legislative Council, means all sittings
of that Council held during a period beginning when that Council
first meets after being summoned at any time and ending when that
Council is next thereafter either adjourned sine die or prorogued or
dissolved without having been prorogued;
“Minister” means a person appointed under Clause (3) of Article 4;
[S 65/04]
“Mufti Kerajaan” means the person appointed as such by His
Majesty the Sultan and Yang Di-Pertuan under the Religious
Council and Kadis Courts Act (Chapter 77);
[S 65/04]
“Muslim revenue and funds” means all revenues and funds to
which Part IV of the Religious Council and Kadis Courts Act
(Chapter 77) applies;
[S 65/04]
“pension rights” includes superannuation rights and provident
funds rights;
“Privy Council” means the Privy Council established by Clause (1)
of Article 5;
[S 65/04]
“public office” means any office of emolument, remuneration or
allowance (including pension or other like allowance) in respect of
his tenure in the Government but does not include the Sultanate,
the office of Regent, Kepala Wazir, Wazir, Chief Justice, Speaker
of the Legislative Council, Deputy Speaker of the Legislative
Council, Minister, Deputy Minister, Parliamentary Secretary,
Political Secretary, Member of the Legislative Council,
Ambassador, High Commissioner, Judge of the Supreme Court,
Consul-General, Consul or such other office as His Majesty the
Sultan and Yang Di-Pertuan may by order published in the
Gazette, prescribe;
[S 65/04]
“public officer” means the holder of any public office and includes
any person appointed to act in any such office;
LAWS OF BRUNEI
Constitution of Brunei Darussalam
14CONST. I
“Regent” means a Regent duly appointed under or referred to in
the Succession and Regency Proclamation, 1959;
[S 65/04]
“Religious Council” means the Religious Council constituted
by Part II of the Religious Council and Kadis Courts Act
(Chapter 77);
[S 65/04]
“Secretary to the Council of Ministers” means the person
appointed under Article 22 and includes any person appointed by
His Majesty the Sultan and Yang Di-Pertuan to be Deputy
Secretary to that Council;
[S 65/04]
“session”, in relation to the Legislative Council, means the
meeting of that Council commencing when it first meets after
being constituted under this Constitution, or after its prorogation or
dissolution at any time, and terminating when that Council is
prorogued or is dissolved without having been prorogued;
[S 65/04]
“sitting”, in relation to the Legislative Council, means the period
during which that Council is sitting continuously without
adjournment, and includes any period during which that Council is
in Committee;
[S 65/04]
“Speaker” means the Speaker of the Legislative Council appointed
under Clause (1) of Article 37 and includes any person appointed
to be his Deputy;
[S 65/04]
“Standing Orders” means the Standing Orders of the Legislative
Council made pursuant to Article 48;
[S 65/04]
“State Seal” means the Seal of Brunei Darussalam referred to in
Article 79;
[S 65/04]
LAWS OF BRUNEI
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15 CONST. I
B.L.R.O. 2/2011
“Supreme Court” means the Supreme Court of Brunei Darussalam
established under the Supreme Court Act (Chapter 5);
[S 65/04]
“tax” includes an impost or a duty but does not include a rate
levied for local purposes or a fee for services rendered;
“Wazirs” means the Duli Pengiran Perdana Wazir Sahibul Himmah
Wal-Waqar, the Pengiran Bendahara Seri Maharaja Permaisuara,
the Pengiran Digadong Sahibul Mal, the Pengiran Pemancha
Sahibul Rae’ Wal-Mashuarah and the Pengiran Temanggong
Sahibul Bahar;
[S 65/04]
“written law” includes all Acts, Orders, Proclamations and
subsidiary legislation, or any part thereof, but does not include any
Act of Parliament of the United Kingdom or any Order of Her
Britannic Majesty in Council or any Law which no authority in
Brunei Darussalam is empowered to amend;
[S 65/04]
“Yang Di-Pertua Adat Istiadat” means the noble and illustrious
personage known as the Duli Pengiran Pemancha or the person
appointed under Clause (3) of Article 3A by His Majesty the
Sultan and Yang Di-Pertuan.
[S 65/04]
(2) Where in this Constitution reference is made to any public
officer by the term designating his office, such reference shall be construed
as a reference to the officer for the time being discharging the functions of
that office.
(3)Repealed.
[S 65/04]
(4)Repealed.
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
16CONST. I
(5) References in this Constitution to “this Constitution” shall,
unless the context otherwise requires, be construed as referring to subsidiary
legislation made under this Constitution.
[S 65/04]
(6) Save as otherwise provided in this Constitution or required by
context, the Interpretation and General Clauses Act (Chapter 4) shall apply to
the interpretation of this Constitution as it applies to the interpretation of all
other written laws.
[S 65/04]
PA RT I I
RELIGION AND ADAT ISTIADAT
[S 65/04]
Official religion of Brunei Darussalam and religious
observance.
[S 32/04; S 65/04]
3.(1) The official religion of Brunei Darussalam shall be the Islamic
Religion:
Provided that all other religions may be practised in peace and harmony
by the persons professing them.
(2) The Head of the official religion of Brunei Darussalam shall be
His Majesty the Sultan and Yang Di-Pertuan.
(3) The Religious Council shall be the authority responsible for
advising His Majesty the Sultan and Yang Di-Pertuan on all matters relating
to the Islamic Religion.
(4) For the purpose of this Article, His Majesty the Sultan and Yang
Di-Pertuan may, after consultation with the Religious Council, but not
necessarily in accordance with the advice of that Council, make laws in
respect of matters relating to the Islamic Religion.
Majlis Mesyuarat Adat Istiadat.
[S 65/04]
3A.(1) There shall be established a Majlis Mesyuarat Adat Istiadat (to
be known in English as the Adat Istiadat Council) which shall consist of a
LAWS OF BRUNEI
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17 CONST. I
B.L.R.O. 2/2011
Chairman and other members, all of whom shall be appointed by His
Majesty the Sultan and Yang Di-Pertuan and hold office during His Majesty
the Sultan and Yang Di-Pertuan’s pleasure.
(2) The Adat Istiadat Council shall be the authority responsible for
advising His Majesty the Sultan and Yang Di-Pertuan on matters relating to
Adat Istiadat or State custom:
Provided that His Majesty the Sultan and Yang Di-Pertuan is not bound to
act in accordance with the advice of the Adat Istiadat Council.
(3) The Yang Di-Pertua Adat Istiadat shall hold office during His
Majesty the Sultan and Yang Di-Pertuan’s pleasure.
[S 14/06]
PA RT I I I
EXECUTIVE AUTHORITY
Executive authority and principal officers.
4.(1) The supreme executive authority of Brunei Darussalam shall be
vested in His Majesty the Sultan and Yang Di-Pertuan.
(1A) His Majesty the Sultan and Yang Di-Pertuan shall be the Prime
Minister.
[S 65/04]
(1B) His Majesty the Sultan and Yang Di-Pertuan shall be the
Supreme Commander of the Royal Brunei Armed Forces.
[S 65/04]
(2) The executive authority shall be exercised by His Majesty the
Sultan and Yang Di-Pertuan.
[S 65/04]
(3) His Majesty the Sultan and Yang Di-Pertuan may appoint from
among citizens of Brunei Darussalam any number of Ministers and Deputy
Ministers who shall be responsible solely to His Majesty the Sultan and Yang
Di-Pertuan for the exercise of executive authority and who shall assist and
LAWS OF BRUNEI
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18CONST. I
advise His Majesty the Sultan and Yang Di-Pertuan in the discharge of His
Majesty the Sultan and Yang Di-Pertuan’s executive authority.
[S 65/04]
(4)Repealed.
[S 65/04]
(5) The appointment of Ministers and Deputy Ministers shall be
made from among the Malay race professing the Islamic Religion, save
where His Majesty the Sultan and Yang Di-Pertuan otherwise decides.
[S 32/04; S 65/04]
(6) The Ministers and Deputy Ministers shall be appointed by His
Majesty the Sultan and Yang Di-Pertuan by Instrument under His Sign
Manual and the State Seal and shall hold office for a period of 5 years or such
other period, and on such terms as His Majesty the Sultan and Yang
Di-Pertuan may determine, and the same persons may be re-appointed, when
such appointment expires, for a further period as specified in the Instrument
appointing him:
Provided that His Majesty the Sultan and Yang Di-Pertuan may revoke the
appointment of any Minister or Deputy Minister at any time without showing
cause.
[S 65/04]
(7)Repealed.
[S 65/04]
(8)Repealed.
[S 65/04]
(9) His Majesty the Sultan and Yang Di-Pertuan may by order
published in the Gazette specify the functions, powers and duties of the
Ministers and Deputy Ministers, and such Ministers and Deputy Ministers
shall discharge their functions, powers and duties in accordance with such
orders:
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19 CONST. I
B.L.R.O. 2/2011
Provided that His Majesty the Sultan and Yang Di-Pertuan may transfer
any functions, powers and duties conferred on any person by the existing
Instruments to such other person or authority as may be specified by such
order at any time without showing cause.
[S 65/04]
PA RT I V
PRIVY COUNCIL
Establishment of Privy Council.
5.(1) There shall be established a Privy Council (to be known in Malay
as the Majlis Mesyuarat Di-Raja) constituted in accordance with the
provisions of this Part.
[S 65/04]
(2) The Privy Council, the Members of which shall be styled Privy
Councillors, shall consist of —
(a)if such an appointment has been made, the Deputy Sultan
and Yang Di-Pertuan;
(b)the Regents, if a Council of Regency has been appointed;
(c) ex-officio Members, namely the Kepala Wazir, the Wazirs,
Members of the Council of Ministers, Mufti Kerajaan, Chief Syar’ie
Judge, Attorney General, Yang Di-Pertua Adat Istiadat and the person
who holds such other office as may from time to time be designated
by His Majesty the Sultan and Yang Di-Pertuan by Proclamation in
the Gazette; and
(d)such other persons (who shall be styled Appointed
Members) as His Majesty the Sultan and Yang Di-Pertuan may, by
Instrument under the State Seal, appoint.
[S 65/04]
(3) Every Appointed Member of the Privy Council shall hold office
during His Majesty the Sultan and Yang Di-Pertuan’s pleasure and subject
thereto for such period and upon such conditions as may be specified in the
Instrument appointing him.
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(4) Every Member of the Privy Council shall, before entering upon
the duties of his office, take or make and subscribe before His Majesty the
Sultan and Yang Di-Pertuan, or, if a Council of Regency has been appointed,
before the senior male Regent, or before such other person as His Majesty
the Sultan and Yang Di-Pertuan or, as the case may be, the senior male
Regent may designate, an oath or declaration in the form set out as Form I in
the First Schedule.
[S 65/04]
(5)Repealed.
[S 65/04]
Functions of Privy Council.
6.(1) The Privy Council —
(a)shall advise His Majesty the Sultan and Yang Di-Pertuan on
any amendment, addition or revocation of any provision of this
Constitution, in accordance with Article 85;
[S 65/04]
(b)shall, subject to any written law, advise His Majesty the
Sultan and Yang Di-Pertuan on the appointment of persons to Malay
customary ranks, titles, honours and dignities and the designation of
the functions appertaining thereto; and
*(c)shall perform such other functions as may be conferred on it
by the Succession and Regency Proclamation, 1959, any other written
law or by His Majesty the Sultan and Yang Di-Pertuan.
[S 65/04]
*As at the time of this Reprint, His Majesty the Sultan and Yang Di-Pertuan
has, pursuant to the Constitution of Brunei Darussalam (Suspension) Order,
2006 (S 15/06), conferred on the Privy Council the function to advise His
Majesty in connection with the exercise of His Majesty’s powers under
Clause (1) of Article 9 of the Constitution of Brunei Darussalam.
(2) Minutes shall be kept of all proceedings of the Privy Council.
(3) His Majesty the Sultan and Yang Di-Pertuan shall appoint some
fit and proper person to be the Clerk to the Privy Council, and such person
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21 CONST. I
B.L.R.O. 2/2011
shall, before entering upon the duties of his office, take and subscribe before
His Majesty the Sultan and Yang Di-Pertuan or the senior male Regent, as
the case may be, an oath in the form set out as Form II in the First Schedule.
[S 65/04]
(4) Subject to any written law, the exercise of any power conferred
on, or the doing of any act or thing by, the Privy Council may be signified
under the hand of the Clerk to the Privy Council.
[S 65/04]
(5) His Majesty the Sultan and Yang Di-Pertuan is not bound to act
in accordance with the advice of the Privy Council.
[S 65/04]
Summoning and quorum. [S 65/04]
7.(1) The Privy Council shall not be summoned except by the
authority of His Majesty the Sultan and Yang Di-Pertuan or, if a Council of
Regency has been appointed, by the senior male Regent or, if His Majesty
the Sultan and Yang Di-Pertuan is not present in Brunei Darussalam and if no
Council of Regency has been appointed, by the Kepala Wazir.
(2)(a)No business shall be transacted at any meeting of the Privy
Council if there are less than one-third of the Members of the Council
(besides His Majesty the Sultan and Yang Di-Pertuan or other person
presiding) present at the meeting, and His Majesty the Sultan and
Yang Di-Pertuan or any other person presiding has objected to the
transaction of business on that account.
(b)If the number of Members of the Privy Council is not a
multiple of 3, then, for the purpose of this Clause, the number of
Members shall be deemed to be the next highest multiple of 3.
(3) Any proceedings in the Privy Council and any such decision
taken by that Council shall be valid notwithstanding that some person who
was not entitled to do so took part in the proceedings.
Presiding in Privy Council.
[S 65/04]
8.(1) His Majesty the Sultan and Yang Di-Pertuan shall, so far as
practicable, preside at meetings of the Privy Council.
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22CONST. I
(2) In the absence of His Majesty the Sultan and Yang Di-Pertuan,
the person who shall preside shall be in the following priority —
(a)if such an appointment has been made, the Deputy Sultan
and Yang Di-Pertuan;
(b)if no Deputy Sultan and Yang Di-Pertuan has been
appointed and a Council of Regency has been appointed, the senior
male Regent present;
(c)if no Deputy Sultan and Yang Di-Pertuan and no Council of
Regency has been appointed, such Member of the Privy Council as
His Majesty the Sultan and Yang Di-Pertuan may appoint or, in the
absence of such Member or where no such Member has been
appointed, the Kepala Wazir; and
(d)in any other case, the ex-officio Member of the Privy
Council present who stands first in the order in which those officers
are referred to in paragraph (c) of Clause (2) of Article 5.
PA RT I VA
[S 65/04]
PARDONS BOARD
Establishment of Pardons Board.
[S 65/04; S 15/06]
*8A.(1) For the purposes of this Part, there shall be established a
Pardons Board which shall consist of the Attorney General, the Mufti
Kerajaan and not more than 3 other members.
(2) The 3 other members shall be appointed by His Majesty the
Sultan and Yang Di-Pertuan and shall hold office during His Majesty the
Sultan and Yang Di-Pertuan’s pleasure.
*Article 8A was not in operation at the date of this Reprint. This Article was
suspended by the Constitution of Brunei Darussalam (Suspension) Order,
2006 (S 15/06), with effect from 21st February 2006.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
23 CONST. I
B.L.R.O. 2/2011
Prerogative of Mercy.
9.**(1) His Majesty the Sultan and Yang Di-Pertuan may exercise in his
absolute discretion, in respect of any offence for which an offender may be
or has been tried in Brunei Darussalam, such one or more of the following
powers —
[S 65/04]
(a)grant to any person concerned in, or convicted of, any such
offence a pardon either free or subject to conditions;
[S 65/04]
(b)grant to any person a respite, either indefinite or for a
specified period, of the execution of any sentence passed on that
person for such an offence;
(c)substitute a less severe form of punishment for that imposed
by any sentence for such an offence;
(d)remit the whole or any part of any sentence passed for such
an offence or of any sum of money imposed as a penalty or forfeiture,
or otherwise due to Brunei Darussalam, His Majesty the Sultan and
Yang Di-Pertuan or any other person on account of such offence; or
(e)order the discharge of any person who may be imprisoned
for any offence or for non-payment of any sum of money as aforesaid.
[S 65/04]
**As at the time of this Reprint, His Majesty the Sultan and Yang Di-Pertuan
has, pursuant to the Constitution of Brunei Darussalam (Suspension) Order,
2006 (S 15/06), conferred on the Privy Council the function to advise His
Majesty in connection with the exercise of His Majesty’s powers under
Clause (1) of Article 9 of the Constitution of Brunei Darussalam.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
24CONST. I
***(2) In exercising his powers, His Majesty the Sultan and Yang
Di-Pertuan may have regard to, but is not bound to act in accordance with,
the advice of the Pardons Board.
[S 65/04; S 15/06]
(3) Repealed.
***(4) It shall be the duty of the Attorney General to supply to the
Pardons Board any information which the prosecution may have in relation
to any offender who has been sentenced to death which may be material to
the exercise in relation to that offender of the powers vested in His Majesty
the Sultan and Yang Di-Pertuan by Clause (1).
[S 65/04; S 15/06]
***(5) Before tendering its advice on any matter, the Pardons Board
shall consider any written opinion which may have been delivered thereon by
the Attorney General on the law applicable and by the Mufti Kerajaan on
any aspect of Islamic law.
[S 65/04; S 15/06]
***Clauses (2), (4) and (5) of Article 9 were not in operation at the date of
this Reprint. These Clauses were suspended by the Constitution of
Brunei Darussalam (Suspension) Order, 2006 (S 15/06), with effect from
21st February 2006.
PA RT V
COUNCIL OF MINISTERS
[S 65/04]
Establishment of Council of Ministers. [S 65/04]
10.There shall be established a Council of Ministers (to be known in
Malay as the Majlis Mesyuarat Menteri-Menteri), constituted in accordance
with the provisions of this Part.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
25 CONST. I
B.L.R.O. 2/2011
Constitution of Council of Ministers. [S 65/04]
11 .The Council of Ministers shall consist of the Prime Minister and the
Ministers appointed under Clause (3) of Article 4.
Tenure of office and vacation of seats.
12.Subject to this Constitution, every Minister shall hold his seat in the
Council of Ministers during His Majesty the Sultan and Yang Di-Pertuan’s
pleasure.
[S 65/04]
13.Repealed.
Attendance at Council of Ministers of non-Members.
14.Whenever His Majesty the Sultan and Yang Di-Pertuan or in his
absence, other person presiding decides to obtain the advice of any person
touching the affairs of the Government, he may require such person to attend
any meeting of the Council of Ministers for such purpose.
[S 65/04]
Precedence.
15.The Members of the Council of Ministers shall have seniority and
precedence amongst themselves in that Council as His Majesty the Sultan
and Yang Di-Pertuan may assign.
[S 65/04]
Summoning and quorum.
16.(1) The Council of Ministers shall not be summoned except by the
authority of His Majesty the Sultan and Yang Di-Pertuan.
(2) No business shall be transacted at any meeting of the Council of
Ministers if there are less than 5 Members of the Council, besides His
Majesty the Sultan and Yang Di-Pertuan or other person presiding, present at
the meeting, and His Majesty the Sultan and Yang Di-Pertuan or other person
presiding at the meeting has objected to the transaction of business on that
account.
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
26CONST. I
(3) The Council of Ministers shall not be disqualified from the
transaction of business by reason of any vacancy amongst its Members,
including any vacancy not filled when that Council is first constituted or is
reconstituted at any time; and any proceedings therein and decisions taken
therefrom shall be valid notwithstanding that some person who was not
entitled to do so took part in the proceedings.
[S 65/04]
Presiding in Council of Ministers.
17.In the absence of His Majesty the Sultan and Yang Di-Pertuan, the
person who shall preside shall be the Member of the Council of Ministers
present who stands first in order of precedence according to Article 15.
[S 65/04]
Consultation with Council of Ministers.
18.(1) In the exercise of his powers and the performance of his duties,
His Majesty the Sultan and Yang Di-Pertuan shall, subject to the provisions
of this Article, consult with the Council of Ministers.
[S 65/04]
(2) Clause (1) shall not apply to the exercise or performance by His
Majesty the Sultan and Yang Di-Pertuan of any power or duty, whether
conferred or imposed on him by this Constitution or by any written law, if the
law by which that power or duty is conferred or imposed empowers or
requires His Majesty the Sultan and Yang Di-Pertuan to exercise that power
or perform that duty after consultation with some authority other than the
Council of Ministers or does not require His Majesty the Sultan and Yang
Di-Pertuan to consult with any authority.
[S 65/04]
(3) Notwithstanding Clause (1), His Majesty the Sultan and
Yang Di-Pertuan shall not be obliged to consult the Council of Ministers in
cases —
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
27 CONST. I
B.L.R.O. 2/2011
(a)which are of such a nature that, in his judgment, Brunei
Darussalam may sustain material prejudice by his consulting the
Council of Ministers thereon;
[S 65/04]
(b)in which the matters to be decided are, in his judgment, too
unimportant to require the advice of the Council of Ministers; or
(c)in which the matters to be decided are, in his judgment, too
urgent to admit of the advice of the Council of Ministers being given
by the time within which it may be necessary for him to act:
Provided that, in every case falling within paragraph (c), His Majesty the
Sultan and Yang Di-Pertuan shall, as soon as practicable, inform the Council
of Ministers of the measures which he has adopted with the reasons therefor.
(4) His Majesty the Sultan and Yang Di-Pertuan shall have the
power to set the agenda of the Council of Ministers.
[S 65/04]
His Majesty not bound to act in accordance with the advice of Council of
Ministers.
[S 65/04]
19.(1) His Majesty the Sultan and Yang Di-Pertuan is not bound to act
in accordance with the advice of the Council of Ministers, but in any such
case, he shall record in writing, for inclusion in the minutes, the reasons for
his decision.
(2) Whenever His Majesty the Sultan and Yang Di-Pertuan shall so
act against the advice of the Council of Ministers, any Member shall be
competent to require that there be recorded upon the minutes any advice or
opinion he may have given upon the question together with the reasons
therefor.
Decision of Council of Ministers.
[S 65/04]
19A.No decision of the Council of Ministers shall be valid unless
approved by His Majesty the Sultan and Yang Di-Pertuan.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
28CONST. I
Minutes.
20.(1) Minutes shall be kept of all the proceedings of the Council of
Ministers.
(2) As soon as practicable after the minutes of a meeting of the
Council of Ministers have been confirmed, a full transcript thereof shall be
transmitted by the Secretary to the Council of Ministers to His Majesty the
Sultan and Yang Di-Pertuan.
[S 65/04]
Oath to be taken by Members.
21.Every Member of the Council of Ministers, other than the Prime
Minister, shall, before entering upon the duties of his office, take or make
before His Majesty the Sultan and Yang Di-Pertuan, or some other person
authorised by His Majesty the Sultan and Yang Di-Pertuan, an oath or
declaration in the form set out as Form III in the First Schedule:
[S 65/04]
Provided that any person who, having previously been a Member of that
Council, again becomes a Member of that Council within one month after the
termination of his previous membership thereof may enter on the duties of
his office without again taking or making such oath or declaration.
[S 65/04]
Secretary to Council of Ministers. [S 65/04]
22.(1) His Majesty the Sultan and Yang Di-Pertuan shall appoint some
fit and proper person to be the Secretary to the Council of Ministers, and
such person shall hold office during His Majesty the Sultan and Yang
Di-Pertuan’s pleasure.
(2) Before entering upon the duties of the office, the Secretary shall
take and subscribe before His Majesty the Sultan and Yang Di-Pertuan or
other Member presiding, an oath in the form set out as Form II in the First
Schedule.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
29 CONST. I
B.L.R.O. 2/2011
PA RT V I
LEGISLATIVE COUNCIL
[S 65/04]
Establishment of Legislative Council. [S 65/04]
23.There shall be established a Legislative Council (to be known in
Malay as Majlis Mesyuarat Negara), constituted in accordance with the
provisions of this Part.
Composition and membership of Legislative Council.
[S 65/04]
24.(1) The Second Schedule which concerns the composition and
membership of the Legislative Council shall have effect.
(2) His Majesty the Sultan and Yang Di-Pertuan may by order
published in the Gazette add to, revoke or amend the provisions of the
Second Schedule.
25.Repealed.
[S 65/04]
26.Repealed.
[S 65/04]
27. Repealed.
28.Repealed.
[S 65/04]
Qualifications for Members. [S 65/04]
29.Subject to Article 30, any person (other than a Regent) who is a
citizen of Brunei Darussalam and who has attained the age of 21 years shall
be qualified to be a Member of the Legislative Council.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
30CONST. I
Disqualification for Members. [S 65/04]
30.No person shall be qualified to be a Member of the Legislative
Council who —
(a)is, due to his own act, under any acknowledgement of
allegiance, obedience or loyalty to a power or state outside Brunei
Darussalam, or has voluntarily acquired the citizenship of or has
exercised rights of citizenship in a foreign country, or has shown
himself by act or speech to have the intent to be disloyal or
disaffected towards His Majesty the Sultan and Yang Di-Pertuan;
(b)is a person declared to be of unsound mind under any law in
force in Brunei Darussalam;
(c)has been sentenced by a court in Brunei Darussalam or
elsewhere, to death, imprisonment or to a fine of $1,000 or more for
any offence by whatever name called:
Provided that this paragraph shall not apply to any person —
(i) until the time for lodging an appeal has lapsed or, if an
appeal has been lodged, until such appeal has been
dismissed or the appeal has been allowed and the
sentence provided for under paragraph (c) has been set
aside by the appellate court;
(ii) who has been sentenced to a fine as aforesaid which
conviction is for an offence which does not involve
any element of dishonesty, fraud or moral turpitude;
(iii) who has received a free pardon for that offence;
(iv) if 3 years or more have elapsed since the termination of
his imprisonment or the imposition of the fine on him;
or
(v) in respect of whom His Majesty the Sultan and Yang
Di-Pertuan has, after full consideration of the
circumstances, directed that this paragraph shall not
apply;
LAWS OF BRUNEI
Constitution of Brunei Darussalam
31 CONST. I
B.L.R.O. 2/2011
(d)is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Brunei
Darussalam or elsewhere;
(e)is a murtad in accordance with the Hukum Syara’; or
(f)is disqualified under any law relating to offences in
connection with elections to the Legislative Council by reason of
having been convicted of such an offence or having in proceedings
relating to such an election been proved guilty of an act constituting
such an offence.
Tenure of office and vacation of seats.
[S 65/04]
31.(1) Every Member of the Legislative Council shall hold his seat
therein during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
[S 65/04]
(2) Every Member of the Legislative Council shall cease to be a
Member when that Council is dissolved after he has been appointed or if his
seat shall become vacant under this Constitution.
[S 65/04]
(3) The seat of a Member shall become vacant —
[S 65/04]
(a)if he shall be appointed as a Regent;
(b)if he shall, by writing under his hand addressed to the Clerk
of the Legislative Council, resign his seat in the Legislative Council;
[S 65/04]
(c)if he, except in the case of an ex-officio Member, shall be
absent from 2 consecutive meetings of the Legislative Council
without having obtained from the Speaker, before the termination of
either of such meetings, permission to be or to remain absent
therefrom; or
[S 65/04]
(d) repealed;
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
32CONST. I
(e) repealed;
[S 65/04]
(f)if any circumstances arise which, if he were not a Member
of the Legislative Council, would cause him to be disqualified under
Article 30.
[S 65/04]
(4) His Majesty the Sultan and Yang Di-Pertuan or the Legislative
Council may, for such reason as may appear to His Majesty the Sultan and
Yang Di-Pertuan or that Council to be good and sufficient, declare any
Member of that Council to be incapable of discharging his functions as a
Member of that Council, and thereupon, such Member shall not sit in or take
part in the proceedings of that Council until he is declared by His Majesty the
Sultan and Yang Di-Pertuan or that Council to be again capable of
discharging his functions:
Provided that where the Member is declared by His Majesty the Sultan
and Yang Di-Pertuan to be incapable of discharging his functions, the
Legislative Council shall not have the power to declare such Member to be
again capable of discharging his functions without the prior approval of His
Majesty the Sultan and Yang Di-Pertuan.
[S 65/04]
(5) His Majesty the Sultan and Yang Di-Pertuan or the Legislative
Council may, for such reason as may appear to His Majesty the Sultan and
Yang Di-Pertuan or that Council to be good and sufficient, suspend any
Member, from the exercise of his functions and his rights and privileges, as a
Member of that Council, and thereupon, such Member shall not sit in or take
part in the proceedings of that Council until the suspension is ended by His
Majesty the Sultan and Yang Di-Pertuan or that Council:
Provided that where the Member is suspended by His Majesty the Sultan
and Yang Di-Pertuan, the Legislative Council shall not have the power to end
the suspension of such Member without the prior approval of His Majesty
the Sultan and Yang Di-Pertuan.
[S 65/04]
(6) Any person vacating his seat as a Member of the Legislative
Council may, if qualified, be again appointed as, or elected to be, a Member.
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
33 CONST. I
B.L.R.O. 2/2011
(7)Repealed.
[S 65/04]
(8)Repealed.
[S 65/04]
Decisions of questions as to membership of Legislative Council. [S 65/04]
32.His Majesty the Sultan and Yang Di-Pertuan shall have exclusive
jurisdiction to determine any question on whether —
(a)any person has been validly disqualified to be a Member of
the Legislative Council;
(b)any Member of the Legislative Council has been validly
appointed or elected as a Member of, or dismissed from that Council;
(c)any Member of the Legislative Council has been validly
declared to be incapable of discharging his functions or suspended
from the Legislative Council; or
(d)any such Member of the Legislative Council has vacated his
seat therein.
Temporary appointments.
33.(1) Where for the time being —
(a)one of the Members is appointed to act as Regent;
(b) repealed;
[S 65/04]
(c) repealed;
[S 65/04]
(d)the seat of a Member is vacant otherwise than by reason of a
dissolution of the Legislative Council;
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
34CONST. I
(e)a Member is unable to sit in the Legislative Council in
consequence of a declaration or suspension by His Majesty the Sultan
and Yang Di-Pertuan or that Council, as provided in Clauses (4) or (5)
of Article 31; or
[S 65/04]
(f) repealed;
[S 65/04]
(g) repealed;
[S 65/04]
(h) repealed;
[S 65/04]
(i)the seat of a Member shall become vacant for whatever
reason,
[S 65/04]
His Majesty the Sultan and Yang Di-Pertuan may, by Instrument under the
State Seal, appoint a person to be a Member for the period of such vacancy.
[S 65/04]
(2)Repealed.
[S 65/04]
(3) Every person so appointed shall, so long as his appointment shall
subsist, for all intents and purposes be a Member of the Legislative Council,
and Part VI shall apply to him accordingly.
[S 65/04]
(4)Repealed.
[S 65/04]
(5) For the purposes of this Article, any temporary appointment shall
cease to have effect on notification by the Clerk to the Legislative Council to
the person appointed of the revocation of the appointment, or on the
supersession of the appointment by the definitive appointment of a person to
fill the vacancy.
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
35 CONST. I
B.L.R.O. 2/2011
Attendance at Legislative Council of non-Members.
34.(1) Whenever His Majesty the Sultan and Yang Di-Pertuan or the
Speaker desires to obtain the advice of any person in Brunei Darussalam
touching on any business about to be brought before the Legislative Council,
His Majesty the Sultan and Yang Di-Pertuan or the Speaker, as the case may
be, may summon any such person to attend that Council for such purpose.
[S 65/04]
(2) Any person so required may, with the permission of the Speaker
and subject to Standing Orders, address that Council but, save as aforesaid,
shall take no part in the proceedings thereof.
[S 65/04]
35.Repealed.
[S 65/04]
36.Repealed.
[S 65/04]
Speaker and Deputy Speaker. [S 65/04]
37.(1) His Majesty the Sultan and Yang Di-Pertuan may, by Instrument
under the State Seal, appoint a Speaker of the Legislative Council either from
among the Members of that Council or from among persons who are not
Members thereof.
[S 65/04]
(1A) His Majesty the Sultan and Yang Di-Pertuan may by Instrument
under the State Seal appoint a Deputy Speaker of the Legislative Council
from among the Members of that Council or from among persons who are
not Members thereof.
[S 65/04]
(2) Any person appointed as Speaker or Deputy Speaker shall hold
office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure and,
subject thereto, for such period as may be specified in the Instrument by
which he is appointed:
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
36CONST. I
Provided that the Speaker or Deputy Speaker may, by writing under his
hand addressed to His Majesty the Sultan and Yang Di-Pertuan, resign his
office and, in the case of a Speaker or Deputy Speaker appointed from
among the Members of the Legislative Council, shall vacate his office if he
ceases to be a Member of that Council.
[S 65/04]
Speaker or Deputy Speaker to attend and preside. [S 65/04]
38.The Speaker or the Deputy Speaker, as the case may be, shall so far as
practicable, attend and preside at all meetings of the Legislative Council, and
in their absence such Member of that Council as the Speaker or Deputy
Speaker may, after consultation with His Majesty the Sultan and Yang
Di-Pertuan, generally or specially appoint, shall preside.
PA RT V I I
LEGISLATION AND PROCEDURE IN THE LEGISLATIVE COUNCIL
Power to make laws.
[S 65/04]
39.His Majesty the Sultan and Yang Di-Pertuan shall have the power to
make laws for the peace, order, security and good government of Brunei
Darussalam.
Introduction of Bills.
[S 65/04]
40. (1) Subject to this Constitution and to the Standing Orders, any
Member of the Legislative Council may introduce any Bill or propose any
motion for debate in, or present any petition to the Legislative Council; and
such Bill, motion or petition shall be debated and disposed of in accordance
with the Standing Orders.
[S 65/04]
(2)Repealed.
[S 65/04]
(3)Repealed.
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
37 CONST. I
B.L.R.O. 2/2011
Publication of Bills. [S 65/04]
41.(1) Save in a case of urgency to be certified in writing by His
Majesty the Sultan and Yang Di-Pertuan, every Bill shall be published in the
Gazette.
(2) Within 7 days of the publication of a Bill in the Gazette or of the
date of any certificate under Clause (1), the Bill shall be laid on the table of
the Legislative Council whether or not that Council is sitting.
Description of Bills, motions and petitions not to proceed without
approval.
[S 65/04]
42.(1) Except with the prior approval of His Majesty the Sultan and
Yang Di-Pertuan, a Member of the Legislative Council shall not introduce or
propose, and the Legislative Council shall not proceed upon, any Bill, any
amendment to any Bill, or any motion, petition or business which, in the
opinion of His Majesty the Sultan and Yang Di-Pertuan, falls within any of
the following classes —
(a)any Bill, motion, petition or business relating to the issue of
Bank Notes or the establishment of any Bank Association or the
amendment of the constitution thereof;
(b)any Bill, motion, petition or business which shall appear
inconsistent with obligations imposed upon His Majesty the Sultan
and Yang Di-Pertuan by Treaty or Agreement with another power or
State;
(c)any Bill, motion, petition or business relating to questions of
defence or public security;
(d)any Bill, motion, petition or business that may have the
effect of lowering or adversely affect directly or indirectly the rights,
position, discretion, powers, privileges, sovereignty or prerogatives of
His Majesty the Sultan and Yang Di-Pertuan, his Successors, His
Consort or other members of the Royal Family;
(e)any Bill, motion, petition or business that may have the
effect of lowering or adversely affect directly or indirectly the
standing or prominence of the National Philosophy of Melayu Islam
Beraja (known in English as Malay Islamic Monarchy);
LAWS OF BRUNEI
Constitution of Brunei Darussalam
38CONST. I
(f)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the finances or currency of Brunei
Darussalam;
(g)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the compounding or remitting of
any debt due to Brunei Darussalam;
(h)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the custody of the Consolidated
Fund, the charging of any money on the Consolidated Fund or the
abolition of any such charge;
(i)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the payment of moneys into the
Consolidated Fund or the payment, issue or withdrawal from the
Consolidated Fund of any moneys not charged thereon, or any
alteration in any such payment, issue or withdrawal otherwise than by
reducing it;
(j)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the receipt of moneys on account of
the Consolidated Fund or the custody or issue of such moneys, or the
audit of the accounts of Brunei Darussalam;
(k)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the borrowing of money, or the
giving of any guarantee by Brunei Darussalam, or the amendment of
the law relating to the financial obligations of Brunei Darussalam; or
(l)any Bill, motion, petition or business which would provide
for or directly or indirectly affect the assignment of any tax or fee.
(2) A Bill, amendment to a Bill, or any motion, petition or business
shall not be deemed to make provision for any of the matters specified in
paragraphs (f) to (l) of Clause (1) by reason only that it provides —
(a)for the imposition or alteration of any fine or other
pecuniary penalty or for the payment or demand of a licence fee, or a
fee or charge for any service rendered; or
LAWS OF BRUNEI
Constitution of Brunei Darussalam
39 CONST. I
B.L.R.O. 2/2011
(b)for the imposition, alteration or regulation of any tax or rate
by any local authority or body for local purposes.
(3) The approval of His Majesty the Sultan and Yang Di-Pertuan in
relation to any Bill or amendment to any Bill, or any motion, petition or
business, under Clause (1) may be expressed at any time before His Majesty
the Sultan and Yang Di-Pertuan has assented thereto, and may, if given while
the Legislative Council is sitting, be given in writing through any Minister.
(4) For the purpose of Clause (1), the Speaker, or Deputy Speaker in
the absence of the Speaker, may at any time in his discretion, adjourn the
Legislative Council or suspend the sitting so as to obtain the advice of His
Majesty the Sultan and Yang Di-Pertuan on any Bill, amendment to any Bill,
or any motion, petition or business.
Vo t i n g .
43.(1) Subject to Clauses (3), (4) and (5), all questions proposed for
decision in the Legislative Council shall be determined by a majority of the
votes of the Members present and voting.
[S 65/04]
(2) The Speaker and, in his absence the Deputy Speaker, and in his
absence, the Member presiding shall have an original vote and shall in
addition, if upon any question for which the votes are equally divided, have
and exercise a casting vote.
[S 65/04]
(3) If, having debated a Bill, the Legislative Council resolves that
the Bill shall be rejected (such resolution shall hereinafter be referred to as a
“negative resolution”) then Clause (4) shall apply.
[S 65/04]
(4) If the Legislative Council passes a negative resolution, the
Speaker shall, within 14 days of the passing of that resolution, submit a
report to His Majesty the Sultan and Yang Di-Pertuan giving a summary of
the debate and the reasons for such resolution.
[S 65/04]
LAWS OF BRUNEI
Constitution of Brunei Darussalam
40CONST. I
(5) His Majesty the Sultan and Yang Di-Pertuan, having considered
the report of the Speaker may, notwithstanding the negative resolution,
declare that the Bill shall have effect as an Act either in the form in which it
was introduced or with such amendments as His Majesty the Sultan and
Yang Di-Pertuan shall think fit, from a date to be specified in the Gazette.
[S 65/04]
Vacancies and quorum.
44.(1) The Legislative Council shall not be disqualified from the
transaction of business by reason of any vacancy among the Members,
including any vacancy not filled when that Council is first constituted or
reconstituted at any time; and any proceedings therein shall be valid
notwithstanding that some person who was not entitled to do so sat or voted
in that Council, or otherwise took part in those proceedings.
[S 65/04]
(2) If, at any sitting of the Legislative Council, any Member who is
present draws the attention of the person presiding at the sitting to the fact
that less than one-third of the Members are present apart from any Member
presiding and, after such interval, if any, as may be provided for by the
Standing Orders, the person presiding is satisfied that there are less than that
number of Members so present, the sitting shall be adjourned.
[S 65/04]
(3) The calculation of one-third referred to in Clause (2) shall be in
accordance with the Standing Orders.
[S 65/04]
Assent to Bills. [S 65/04]
45.(1) When any Bill has been passed by the Legislative Council, such
Bill shall only become law either in the form in which it was passed or with
such amendments as His Majesty the Sultan and Yang Di-Pertuan shall think
fit, if His Majesty the Sultan and Yang Di-Pertuan assents to, signs and seals
the Bill with the State Seal.
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(2) In the event His Majesty the Sultan and Yang Di-Pertuan amends
the Bill after it has been passed by the Legislative Council, His Majesty the
Sultan and Yang Di-Pertuan shall not be required to refer the Bill back to the
Legislative Council.
(3) A law assented to by His Majesty the Sultan and Yang
Di-Pertuan shall come into operation on the date on which such assent shall
be given, or, if it shall be enacted either in such law or in some other law
(including any law in force on the commencement of this Part) that it shall
come into operation on some other date, on that date.
Style of laws and enacting words.
46.All laws shall be styled Acts and the enacting words shall be “Be it
enacted by His Majesty the Sultan and Yang Di-Pertuan with the advice and
consent of the Legislative Council as follows:”.
[S 65/04]
Reserved powers. [S 65/04]
47.(1) If His Majesty the Sultan and Yang Di-Pertuan shall consider that
it is expedient in the interests of public order, good faith or good government
of Brunei Darussalam, or for any other reason whatsoever, that any Bill
introduced, or any motion, petition or business proposed in the Legislative
Council shall have effect, then, if that Council shall fail to pass that Bill or
carry that motion, petition or business within such time and in such form or
manner as His Majesty the Sultan and Yang Di-Pertuan may think reasonable
and expedient, His Majesty the Sultan and Yang Di-Pertuan may, at any time,
notwithstanding any provision of this Constitution or the Standing Orders,
declare that that Bill or motion, petition or business shall have effect as if it
had been passed or carried by that Council either in the form in which it was
so introduced or proposed or with such amendments as His Majesty the
Sultan and Yang Di-Pertuan shall think fit which have been moved or
proposed in that Council or in any committee thereof; and the Bill or motion
or petition shall be deemed thereupon to have been so passed or carried; and
the provisions of this Constitution, and, in particular, the provisions of
Article 45, relating to assent to Bills shall have effect accordingly.
(2) Any such declaration made by His Majesty the Sultan and Yang
Di-Pertuan under Clause (1) together with the Bill, motion, petition or
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business so deemed to have been passed or carried shall be notified in the
Gazette by the Speaker.
(3) Any such declaration, other than a declaration relating to a Bill,
may be revoked by His Majesty the Sultan and Yang Di-Pertuan; and the
Speaker shall notify such revocation in the Gazette; and from the date of
such notification, any motion, petition or business which shall be deemed to
have been carried by virtue of the declaration revoked shall cease to have
effect; and such cessation shall have the same effect as the repeal of a written
law.
Standing Orders.
48.(1) Subject to this Constitution, the Legislative Council may from
time to time make, amend and revoke Standing Orders for the regulation and
orderly conduct of its own proceedings and the dispatch of business,
including the power to impose sanctions.
[S 65/04]
(2)Repealed.
[S 65/04]
(3) No Standing Order shall be suspended without the approval of
the Speaker and such approval shall only be granted by him if he is satisfied
that such suspension is necessary for the proper and expeditious dispatch of
the business of the Legislative Council.
[S 65/04]
(4) No Standing Orders made by the Legislative Council and no
amendments, suspension or revocation of the Standing Orders shall have
effect unless approved by His Majesty the Sultan and Yang Di-Pertuan.
[S 65/04]
Oath to be taken by Members. [S 65/04]
49.Every Member of the Legislative Council shall, before entering upon
the duties of his office and taking his seat, take or make and subscribe before
the Speaker or Deputy Speaker or other Member presiding an oath or
declaration in the form set out as Form IV in the First Schedule:
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Provided that any person who, having previously been a Member of the
Legislative Council, again becomes a Member of that Council within one
month after the termination of his previous membership thereof may enter
upon the duties of his office and take his seat without again taking or making
and subscribing such oath or declaration.
Clerk to the Legislative Council.
[S 65/04]
50.His Majesty the Sultan and Yang Di-Pertuan shall appoint some fit
and proper person to be the Clerk to the Legislative Council, and who shall
hold the office during His Majesty the Sultan and Yang Di-Pertuan’s
pleasure, and such person shall, before entering upon the duties of his office,
take before the Speaker or other Member presiding an oath in the form set
out as Form V in the First Schedule.
Minutes.
51.(1) Minutes shall be kept of all the proceedings of the Legislative
Council.
(2) As soon as practicable, a full transcript of the minutes of every
sitting of the Legislative Council shall be transmitted by the Clerk to the
Legislative Council to His Majesty the Sultan and Yang Di-Pertuan.
[S 65/04]
Sessions of Legislative Council. [S 65/04]
52.(1) Unless otherwise directed by His Majesty the Sultan and Yang
Di-Pertuan, there shall be a session of the Legislative Council once at least in
every year, so that a period of more than 12 months shall not intervene
between the last sitting in one session and the date appointed for its first
sitting in the next session.
[S 65/04]
(2) Each session of the Legislative Council shall be held at such
place and shall commence and end at such time as His Majesty the Sultan
and Yang Di-Pertuan may from time to time, by notice published in the
Gazette, appoint.
[S 65/04]
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Privileges of Members of Legislative Council. [S 65/04]
53.(1) Subject to Clause (1A), every Member of the Legislative Council
may express his opinion freely in the Legislative Council or any committee
thereof, upon any matter which comes before it.
[S 65/04]
(1A) No Member of the Legislative Council shall speak or make any
comments —
(a)directly or indirectly derogatory of the rights, status,
position, powers, privileges, sovereignty or prerogatives of His
Majesty the Sultan and Yang Di-Pertuan, his Successors, His Consort
or other members of the Royal Family or the National Philosophy of
Malay Islamic Monarchy; or
(b)which constitute an offence under the Sedition Act
(Chapter 24).
[S 65/04]
(2) The validity of any proceedings in the Legislative Council or any
committee thereof shall not be questioned in or be subject to any review by
any court.
[S 65/04]
(3) Subject to Clause (1A), no person shall be liable to any
proceedings in any court in respect of anything said, or any vote given, by
him when taking part in any proceedings of the Legislative Council or any
committee thereof.
[S 65/04]
(4) No person shall be liable to any proceedings in any court in
respect of anything published by or under the authority of the Legislative
Council.
Right of His Majesty to address Legislative Council.
[S 65/04]
54.His Majesty the Sultan and Yang Di-Pertuan shall have the right to
address the Legislative Council at any time upon any matter.
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Prorogation and dissolution.
55.(1) His Majesty the Sultan and Yang Di-Pertuan may at any time, by
Proclamation published in the Gazette, prorogue or dissolve the Legislative
Council.
(2) His Majesty the Sultan and Yang Di-Pertuan shall dissolve the
Legislative Council at the expiration of 5 years from the date when it first
meets after it is first constituted or is reconstituted at any time unless it has
been sooner dissolved.
PART VIII
FINANCE
No taxation unless authorised by law.
56.No tax or rate shall be levied by or for the purposes of Brunei
Darussalam except by or under the authority of law.
Civil List of His Majesty, His Consort and the Royal Family.
[S 65/04]
57.(1) There shall be provided by law a Civil List making provision for
His Majesty the Sultan and Yang Di-Pertuan, His Consort and other
members of the Royal Family, which Civil List shall be a charge on the
Consolidated Fund.
(2) The Civil List shall be reasonable, adequate and suitable to the
rank, position and dignity of His Majesty the Sultan and Yang Di-Pertuan,
His Consort and other members of the Royal Family, and shall not be directly
or indirectly diminished during His Majesty the Sultan and Yang
Di-Pertuan’s reign.
(3) In assessing the Civil List, it shall not be permissible to take into
account any income of His Majesty the Sultan and Yang Di-Pertuan, His
Consort and other members of the Royal Family which is derived from the
personal estates and properties of His Majesty the Sultan and Yang
Di-Pertuan, His Consort and other members of the Royal Family and those
which are not the property of Brunei Darussalam.
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(4) His Majesty the Sultan and Yang Di-Pertuan may draw up,
maintain or amend a schedule of the members of the Royal Family to whom
an allowance will be payable under this Article.
(5) His Majesty the Sultan and Yang Di-Pertuan may revoke,
suspend or reduce any allowance to any member of the Royal Family to
whom such allowance would otherwise be payable under this Article.
Consolidated Fund.
58.All revenues and moneys howsoever raised or received by the
Government from whatsoever source shall, subject to this Constitution and
any written law, be paid into and form one fund to be known as the
“Consolidated Fund”.
[S 65/04]
Expenditure charged on Consolidated Fund.
59.(1) There shall be charged on the Consolidated Fund in addition to
any grant, remuneration or other moneys so charged by any provision of this
Constitution or by any written law —
[S 65/04]
(a)the costs, charges and expenses, other than the emoluments
of members of the public service, incidental to the collection and
management of the revenues raised or received by the Government;
[S 65/04]
(b)all pensions, compensation for loss of office and gratuities
for which the Government is liable;
[S 65/04]
(c)all debt charges for which the Government is liable; and
[S 65/04]
(d)all moneys required to satisfy any judgment, decision or
award against the Government by any court or tribunal.
[S 65/04]
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(2) For the purposes of this Article, “debt charges” include interest,
sinking fund charges, the repayment or amortisation of debt, and all
expenditure in connection with the raising of loans on the security of the
Consolidated Fund and the service and redemption of debt created thereby.
[S 65/04]
Annual estimates of receipts and expenditure.
60.(1) His Majesty the Sultan and Yang Di-Pertuan shall, in respect of
every financial year, cause to be laid before the Legislative Council a
statement of the estimated receipts and expenditure of the Government for
that year and, unless the Legislative Council by written law in respect of any
year otherwise provides, that statement shall be so laid before the
commencement of that year.
[S 65/04]
(2) The estimates of expenditure shall show separately —
(a)the total sums required to meet expenditure charged on the
Consolidated Fund; and
(b)subject to Clause (3), the sums respectively required to meet
the heads of other expenditure proposed to be met from the
Consolidated Fund.
[S 65/04]
(3) The sums to be shown under paragraph (b) of Clause (2) shall not
include —
(a)sums representing the proceeds of any loan raised by the
Government for any specific purpose and appropriated for such
purpose by or under the written law or Act authorising the raising of
that loan; and
(b)sums representing any money, or interest on money,
received by the Government subject to a trust and to be applied in
accordance with the terms of that trust.
[S 65/04]
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(4) The statement shall also show, so far as practicable, the assets
and liabilities of the Government, other than the assets and liabilities of the
Brunei Investment Agency, at the end of the last completed financial year,
the manner in which those assets are invested or held and the general heads
in respect of which those liabilities are outstanding.
[S 20/85; S 65/04]
Supply Bill. [S 65/04]
61.The heads of expenditure to be met from the Consolidated Fund but
not charged thereon other than expenditure to be met by such sums as are
mentioned in Clause (3) of Article 60, shall be included in a Bill, to be
known as the Annual Supply Bill, providing the issue from the Consolidated
Fund of the sums necessary to meet that expenditure and the application of
those sums for the purposes specified therein.
[S 65/04]
Supplementary and excess expenditure.
62.If, in respect of any financial year, it is found —
(a)that the amount appropriated by the Annual Supply Act for
any purpose is insufficient or that a need has arisen for expenditure
for a purpose for which no amount has been appropriated by the
Annual Supply Act; or
(b)that any moneys have been expended for any purpose in
excess of that amount, if any, appropriated for that purpose by an
Annual Supply Act,
[S 65/04]
a Supplementary Estimate showing the sums required or spent shall be
caused by His Majesty the Sultan and Yang Di-Pertuan to be laid before the
Legislative Council and the heads of any such expenditure shall be included
in a Supplementary Supply Bill.
Power to authorise expenditure on account or for unspecified purposes.
63.The Legislative Council shall have power in respect of any financial
year —
[S 65/04]
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(a)before the passing of the Annual Supply Bill to authorise by
written law expenditure for part of the year; and
(b)to authorise by written law expenditure for the whole or part
of the year otherwise than in accordance with Articles 59 to 62
inclusive if, owing to the magnitude or indefinite character of any
services or to circumstances which require any action of unusual
urgency, it appears to be desirable to do so.
[S 65/04]
Contingencies Fund. [S 65/04]
64.(1) The Legislative Council may by written law provide for the
creation of a Contingencies Fund and for authorising the Minister of Finance,
if satisfied that there has arisen an urgent and unforeseen need for
expenditure for which no other provision exists, to make advances from the
Contingencies Fund to meet that need.
[S 65/04]
(2) Where any advance has been made in accordance with Clause
(1), a Supplementary Estimate shall be presented and a Supplementary
Supply Bill introduced into the Legislative Council as soon as possible for
the purpose of replacing the amount so advanced.
[S 65/04]
Withdrawals from Consolidated Fund. [S 65/04]
65.(1) Subject to Clause (2), no moneys shall be withdrawn from the
Consolidated Fund unless they are —
(a)charged on the Consolidated Fund;
(b)authorised to be issued by a Supply Act; or
(c)authorised to be issued under Article 63.
[S 65/04]
(2) Clause (1) shall not apply to any such sums as are mentioned in
Clause (3) of Article 60.
[S 65/04]
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(3) No moneys shall be withdrawn from the Consolidated Fund
except in the manner provided by law.
Auditor General.
66.(1) There shall be an Auditor General who shall be appointed by His
Majesty the Sultan and Yang Di-Pertuan.
(2) A person who has held the office of Auditor General shall be
eligible for re-appointment but shall not, while holding that office be eligible
for any other appointment in the public service of Brunei Darussalam.
[S 65/04]
(3) The Auditor General shall hold office during His Majesty the
Sultan and Yang Di-Pertuan’s pleasure, but he may at any time resign his
office.
[S 65/04]
(4) The Legislative Council shall provide for the remuneration of the
Auditor General and the remuneration so provided shall be charged on the
Consolidated Fund.
[S 65/04]
(5)Repealed.
[S 65/04]
(6)Repealed.
[S 65/04]
Powers and duties of Auditor General.
67.(1) The accounts of Brunei Darussalam shall, subject to this
Constitution and any written law, be audited and reported upon by the
Auditor General, who, with his subordinate staff, shall at all times be entitled
to have access to all books, records, returns and reports relating to such
accounts.
[S 65/04]
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(2) The Auditor General shall perform such other duties and exercise
such powers in relation to the accounts of Brunei Darussalam and to the
accounts of other public authorities and bodies administering public funds as
may be provided by any written law.
Reports of Auditor General.
68.The Auditor General shall submit his reports to His Majesty the
Sultan and Yang Di-Pertuan who may cause the reports to be laid before the
Legislative Council.
[S 65/04]
Exclusion of Muslim revenues and funds.
69.The provisions of this Part shall not be applicable to Muslim revenues
and funds.
PA RT I X
PUBLIC SERVICE
[S 65/04]
Tenure of office in public service. [S 65/04]
70.Save as otherwise provided in this Constitution, every person holding
office in the public service of the Government shall hold office during His
Majesty the Sultan and Yang Di-Pertuan’s pleasure.
Public Service Commission.
[S 65/04]
71.(1) There shall be a Public Service Commission which shall consist
of a Chairman and such number of members, including a Deputy Chairman,
as His Majesty the Sultan and Yang Di-Pertuan may appoint.
[S 65/04]
(2) Subject to Clause (3), every person who is appointed to be a
member of the Public Service Commission shall, unless he earlier resigns his
office or is removed therefrom, hold office for a period of 3 years from the
date of his appointment and shall be eligible for re-appointment.
[S 65/04]
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(3) All members of the Public Service Commission, including the
Chairman and Deputy Chairman, if any, shall hold office during His Majesty
the Sultan and Yang Di-Pertuan’s pleasure.
[S 65/04]
(4) His Majesty the Sultan and Yang Di-Pertuan may grant leave of
absence from his duties to any member of the Public Service Commission,
and may appoint a person to be a temporary member for the period of such
leave.
(5) The procedure of the Public Service Commission shall, subject to
any regulations made under Article 75, be as determined by the Commission.
[S 65/04]
(6) For the purposes of the Penal Code (Chapter 22), a member of
the Public Service Commission shall be deemed to be a public servant.
[S 65/04]
Secretary to Public Service Commission.
72.There shall be a Secretary to the Public Service Commission who
shall be appointed by His Majesty the Sultan and Yang Di-Pertuan, and who
shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s
pleasure.
[S 65/04]
Salaries of members of Public Service Commission.
73.Every person appointed to be a member of the Public Service
Commission shall be paid such salary or allowances, or both, as may be
determined by His Majesty the Sultan and Yang Di-Pertuan; and all such
salaries and allowances shall be a charge on the Consolidated Fund.
[S 65/04]
Appointments in public service.
74.(1) The power to appoint, transfer, promote, dismiss or exercise
disciplinary control over public officers is hereby vested in His Majesty the
Sultan and Yang Di-Pertuan.
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(2) In exercise of the power conferred upon him by Clause (1), His
Majesty the Sultan and Yang Di-Pertuan shall, unless the regulations under
Article 75 otherwise provide, consult and act in accordance with the
recommendation of the Public Service Commission.
[S 65/04]
(3) Nothing in this Article shall affect the provisions of any written
law relating to members of the Royal Brunei Armed Forces, the Royal
Brunei Police Force or the Prison Service of Brunei Darussalam.
[S 65/04]
Regulations.
75.His Majesty the Sultan and Yang Di-Pertuan may make regulations to
provide for —
[S 65/04]
(a)the exercise by the Public Service Commission of any of its
functions; or
(b)the exercise by the Public Service Commission or by any
person, subject to such conditions as may be prescribed, of any of the
powers vested in His Majesty the Sultan and Yang Di-Pertuan by
Article 74 and may further provide that any such person shall be free
from the restriction imposed by Clause (2) of Article 74.
[S 65/04]
His Majesty to require oaths. [S 65/04]
76.His Majesty the Sultan and Yang Di-Pertuan may, whenever he thinks
fit, require any person in the public service of Brunei Darussalam to take or
make before him or such person as he may appoint, an oath or declaration of
allegiance in the form set out as Form VI in the First Schedule.
[S 65/04]
77.Repealed.
78.Repealed.
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PA RT X
STATE SEAL
[S 65/04]
State Seal. [S 65/04]
79.His Majesty the Sultan and Yang Di-Pertuan shall keep and use the
State Seal for sealing all things whatsoever that shall pass that State Seal.
[S 65/04]
PA RT X I
MISCELLANEOUS
Provisions to give effect to Constitution.
80.(1) His Majesty the Sultan and Yang Di-Pertuan may by Order, at
any time within 3 years after the publication in the Gazette of this
Constitution, make such provision as appears to him necessary or expedient
for the purpose of bringing existing instruments into accord with the
provisions of this Constitution or otherwise for giving effect, or enabling
effect to be given, to those provisions; and, in particular and without
prejudice to the generality of the foregoing power His Majesty the Sultan and
Yang Di-Pertuan may by such Orders —
(a)modify, add to or adapt any provisions in existing
instruments which refer, in whatever terms, to His Majesty the Sultan
and Yang Di-Pertuan in Council, the State Council or the Council of
State;
(b)provide for the transfer of functions, powers and duties
conferred or imposed by existing instruments upon any person or
authority to such other person or authority as may be specified by
such Orders;
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(c)proceed to make any appointment which he would be
authorised to make under Part VI if this Constitution were in
operation and may also, at any time after such appointments, proceed
to make any appointment which he would be authorised to make
under Article 11 if that Article and Part VI were in force and the
appointments made under Part VI had taken effect:
[S 65/04]
Provided that, except in so far as may be necessary to give effect to
the provisions of this Clause, no appointment made by virtue hereof
shall have effect before the commencement of that Part;
[S 65/04]
(d)provide for the financial procedure of Brunei Darussalam
including, until other provision has been made under Clause (1) of
Article 64, the establishment of a Contingencies Fund;
[S 65/04]
(e)provide for the audit of the moneys of Brunei Darussalam
and of other public bodies administering public funds, and until
otherwise provided by the Legislative Council pursuant to Clause (4)
of Article 66, provide for the remuneration of Auditor General;
[S 65/04]
(f)until otherwise provided by the Legislative Council
pursuant to Article 73, provide for the remuneration of the member of
the Public Service Commission;
[S 65/04]
(g)provide for the incorporation of the Prime Minister for the
purpose of holding and disposing of property, movable and
immovable, in his corporate capacity, on behalf of Brunei
Darussalam, and for the purpose of transferring to him, in that
capacity on behalf of Brunei Darussalam, certain property, movable
and immovable situate within and outside Brunei Darussalam, at
present held on behalf of Brunei Darussalam by certain other persons
and bodies;
(h)provide for the procedure in administrative appeals to His
Majesty the Sultan and Yang Di-Pertuan in Council.
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(2) Subject to this Article, the existing instruments shall until
repealed by the authority having power to do so under this Constitution
continue in force on and after the commencement of this Constitution, or any
Part thereof, with such modifications as may be made therein by any Order
made under this Article or by any other written law.
[S 65/04]
(3) Notwithstanding anything in this Constitution contained, the
State Council existing immediately before the commencement of this
Constitution shall continue to have full legislative and executive authority
until the commencement of Parts V, VI and VII.
(4) In this Article, “existing instruments” means Acts, rules,
regulations, by-laws, proclamations, orders, licences, permits and other
instruments having the force of law, or issued in pursuance of statutory
powers, and in force in Brunei Darussalam at the date of the Order by which
they are affected.
[S 65/04]
(5) An Order made under this Article may be amended or revoked
by a further Order and may be given a retrospective effect to a date not
earlier than the date of the publication in the Gazette of this Constitution.
[S 65/04]
Attorney General and his functions. [S 65/04]
81.(1) There shall be an Attorney General who shall be appointed by
His Majesty the Sultan and Yang Di-Pertuan by notification published in the
Gazette.
(2) The Attorney General shall advise on all legal matters connected
with the affairs of Brunei Darussalam referred to him by His Majesty the
Sultan and Yang Di-Pertuan or by the Government.
(3) The Attorney General shall have power exercisable at his
discretion to institute, conduct or discontinue any proceedings for an offence
other than —
(a)proceedings before a Syariah Court, subject to the
provisions of any written law to the contrary; or
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(b)proceedings before a Court Martial, subject to the provisions
of any written law to the contrary.
(4) In the exercise of this power, the Attorney General shall not be
subject to the direction or control of any person or authority.
(5) The Attorney General shall have the right of audience in, and
shall take precedence over any other person appearing before, any court or
tribunal in Brunei Darussalam.
(6) The Attorney General shall hold office during His Majesty the
Sultan and Yang Di-Pertuan’s pleasure, but he may at any time resign his
office.
Official language.
[S 65/04]
82.(1) The official language of Brunei Darussalam shall be the Malay
language.
(2) An official version in the English language shall be provided of
anything which, by this Constitution or by any written law or by the Standing
Orders, is required to be printed or in writing, and such version shall, in
addition to the official Malay version, be accepted as an authentic text.
(3) In the case of any doubt, conflict or discrepancy between the
Malay and the English texts of this Constitution, or anything printed or
written in accordance with Clause (2), the Malay text shall prevail.
State of Emergency.
83.(1) Whenever it appears to His Majesty the Sultan and Yang
Di-Pertuan that an occasion of emergency or public danger is imminent,
exists or has arisen whereby the security or economic life of Brunei
Darussalam, or any part thereof, is or may be threatened, whether by war or
external aggression or internal disturbance, actual or threatened, he may by
Proclamation (hereinafter referred to as a “Proclamation of Emergency”)
declare a state of emergency either in the whole of Brunei Darussalam or in
such part of Brunei Darussalam as may be specified in the Proclamation.
[S 65/04]
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(2) No Proclamation of Emergency shall be in force for more than 2
years, without prejudice, however, to the right of His Majesty the Sultan and
Yang Di-Pertuan to issue another such Proclamation at or before the end of
that period.
[S 65/04]
(2A) Notwithstanding Clause (2), His Majesty the Sultan and Yang
Di-Pertuan may by another such Proclamation declare the cessation of a state
of emergency in the whole of Brunei Darussalam or in such part of Brunei
Darussalam as may be specified in the Proclamation before the end of 2
years.
[S 65/04]
(3) When a Proclamation of Emergency has been made and so long
as such Proclamation is in force, His Majesty the Sultan and Yang
Di-Pertuan may make any Orders whatsoever which he considers desirable
in the public interest; and may prescribe penalties which may be imposed for
any offence against any such Order; and may provide for the trial by any
court of persons charged with such offences.
[S 65/04]
(4) Without prejudice to the generality of Clause (3), such Orders
may be made with regard to any matters coming within the classes of subject
hereinafter enumerated, that is to say —
[S 65/04]
(a)censorship, the control and suppression of publications,
writings, maps, plans, photographs, communications and means of
communication;
[S 65/04]
(b)arrest, detention, exclusion and deportation;
(c)control of the harbours, ports and territorial waters of Brunei
Darussalam, and of the movements of vessels;
(d)transportation by land, air or water and the control of the
transport and movement of persons, animals and things;
(e)trading, storage, exportation, importation, production and
manufacture;
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(f)supply and distribution of food, water, fuel, light and other
necessities;
(g)appropriation, control, forfeiture and disposition of property
and the use thereof;
(h)conferring powers on public officers and others;
(i)requiring persons to do work or render services;
(j)constituting a special police force;
(k)formation of tribunals and other bodies for the purpose of
deciding any matters specified in any such Orders;
[S 65/04]
(l)modification, amendment, supersession or suspension of all
or any of the provisions of any written law;
(m)entry into, and search of, premises or other places, and
search and interrogation of persons;
(n)prescribing fees or other payments; and
[S 65/04]
(o)control, exploitation, use, disposition, appropriation or
deployment of any natural resources.
[S 65/04]
(5) Notwithstanding anything contained in Part VIII, His Majesty
the Sultan and Yang Di-Pertuan may, by any such Order, make all such
financial provisions as he thinks necessary during the period of the
emergency, including provision for the public service, and for the payment of
compensation for work required compulsorily to be undertaken, and for
property compulsorily taken.
[S 65/04]
(6) Any Order made under this Article shall, unless His Majesty the
Sultan and Yang Di-Pertuan otherwise directs, come into force on the day on
which it is made.
[S 65/04]
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60CONST. I
(7) Every Order made under this Article shall, at the next meeting of
the Legislative Council, be laid before that Council and that Council may
resolve that any such Order shall, to the extent and as from such date as may
be specified in such resolution, either cease to have effect (and any such
cessation shall, if assented to by His Majesty the Sultan and Yang Di-
Pertuan, have the same effect as the repeal of a written law) or be passed by
that Council.
[S 65/04]
(8) Such Orders or cessation of such Orders, as the case may be,
shall be published in the Gazette as soon as circumstances permit.
[S 65/04]
(9) Any Order made under this Article shall, if the Proclamation of
Emergency specified only part of Brunei Darussalam, have effect only in
such part:
[S 65/04]
Provided that if, while a Proclamation of Emergency is in force in any part
of Brunei Darussalam, another Proclamation of Emergency is made in
respect of any other part of Brunei Darussalam, any Order already made and
still in force when the last Proclamation comes into operation shall,
forthwith, have effect in the part of Brunei Darussalam specified in the last
Proclamation.
(10) Every Order made in pursuance of this Article, and every
instrument made in pursuance of any such Order, shall have effect
notwithstanding anything inconsistent therewith contained in this
Constitution or in any written law.
[S 65/04]
Saving of Acts, Proclamations and Orders. [S 65/04]
83A.(1) It is hereby declared for the avoidance of doubt that every
existing law including —
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(a)each and every Proclamation of Emergency declaring a state
of emergency in Brunei Darussalam made under Article 83,
commencing with the Proclamation of Emergency made on 12th
December 1962 and thereafter every 2 years or thereabouts and
ending with the Proclamation of Emergency made on the 16th day of
Muharram 1425 Hijriah corresponding to the 8th day of March 2004;
and
(b)each and every Order, Instrument, Act, Enactment or other
written law made under Article 83 during any such period of
emergency,
shall be deemed to have been validly passed or made, to be fully effectual
and to have had full force and effect from the date on which such
Proclamation, Order, Instrument, Act, Enactment or other written law was
declared or made even if such Proclamation, Order, Instrument, Act,
Enactment or other written law was inconsistent with any provision of this
Constitution; and the said Proclamation, Order, Instrument, Act, Enactment
or other written law referred to in paragraphs (a) and (b) shall be deemed to
have been duly laid before and passed by the Legislative Council in
accordance with Clause (7) of Article 83.
(2) At the expiration of a period of 6 months beginning with the date
on which a Proclamation of Emergency made after the 16th day of
Muharram 1425 Hijriah corresponding to the 8th day of March 2004 ceases
to be in force, any Proclamation, Order, Instrument, Act, Enactment or other
written law made under Article 83 during any such period of emergency and,
to the extent that it could not have been validly made but for Article 83, any
Proclamation, Order, Instrument, Act, Enactment or other written law made
while the Proclamation was in force, shall cease to have effect except as to
things done or omitted to be done before the expiration of that period.
Effect of Constitution on His Majesty’s Prerogatives.
[S 65/04]
84.(1) The Government shall be regulated in accordance with the
provisions of this Constitution, and the form of the Government shall not be
altered save in pursuance of the power conferred by Article 85.
[S 65/04]
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62CONST. I
(2) Nothing in this Constitution shall be deemed to derogate from
the prerogative powers and jurisdiction of His Majesty the Sultan and Yang
Di-Pertuan and, for the avoidance of doubt, it is declared that His Majesty
the Sultan and Yang Di-Pertuan retains the power to make laws and to
proclaim a further Part or Parts of the law of this Constitution as to His
Majesty the Sultan and Yang Di-Pertuan from time to time may seem
expedient.
[S 65/04]
Appointment to specified offices. [S 32/04; S 65/04]
84A.(1) No person shall be appointed to any office specified in the Third
Schedule unless he is a citizen of Brunei Darussalam of the Malay race
professing the Islamic Religion.
(2) His Majesty the Sultan and Yang Di-Pertuan may by order
published in the Gazette amend the Third Schedule.
Immunity.
[S 65/04]
84B.(1) His Majesty the Sultan and Yang Di-Pertuan can do no wrong in
either his personal or any official capacity. His Majesty the Sultan and Yang
Di-Pertuan shall not be liable to any proceedings whatsoever in any court in
respect of anything done or omitted to have been done by him during or after
his reign in either his personal or any official capacity.
(2) Any person acting on behalf, or under the authority, of His
Majesty the Sultan and Yang Di-Pertuan shall not be liable to any
proceedings whatsoever in any court in respect of anything done or omitted
to have been done by him in his official capacity:
Provided that, subject to Article 84C, provision may be made by written
law for the bringing of proceedings against the Government or any officer,
servant or agent thereof, but not His Majesty the Sultan and Yang
Di-Pertuan, in respect of wrongs committed in the course of carrying on the
government of Brunei Darussalam.
(3) Any such law as is referred to in the proviso to Clause (2) shall
not be deemed to be an amendment to this Constitution.
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No judicial review. [S 65/04]
84C. (1) The remedy of judicial review is and shall not be available in
Brunei Darussalam.
(2) For the avoidance of doubt, there is and shall be no judicial
review in any court of any act, decision, grant, revocation or suspension, or
refusal or omission to do so, any exercise of or refusal or omission to
exercise any power, authority or discretion by His Majesty the Sultan and
Yang Di-Pertuan, or any party acting on his behalf or under his authority or
in the performance of any public function, under the provisions of this
Constitution or any written law or otherwise, including any question relating
to compliance with any procedural requirement governing such act or
decision.
(3) In this Article, “judicial review” means proceedings instituted
by any manner whatsoever including, but not limited to, proceedings by way
of —
(a)an application for any of the prerogative orders of
mandamus, prohibition and certiorari;
(b)an application for a declaration or an injunction;
(c)a writ of habeas corpus; and
(d)any other suit or action relating to or arising out of any act,
decision, grant, revocation or suspension, or refusal or omission to do
so, any exercise of or refusal or omission to exercise any power,
authority or discretion conferred on His Majesty the Sultan and Yang
Di-Pertuan, or any party acting on his behalf or under his authority or
in the performance of any public function, under the provisions of this
Constitution or any written law or otherwise.
(4) Save as provided in this Constitution, His Majesty the Sultan and
Yang Di-Pertuan shall not be required to assign any reason for any act,
decision, grant, revocation or suspension, or refusal or omission to do so, any
exercise of or refusal or omission to exercise any power, authority or
discretion under the provisions of this Constitution or any written law or
otherwise.
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64CONST. I
Extra-territorial effect of laws. [S 65/04]
84D.Laws of Brunei Darussalam may have extra-territorial effect,
provided it is so stated in such laws.
PA RT X I I
AMENDMENT AND INTERPRETATION OF CONSTITUTION
[S 65/04]
Amendment of Constitution.
85.(1) His Majesty the Sultan and Yang Di-Pertuan may, by
Proclamation, amend, add to or revoke any of the provisions of this
Constitution including this Article; and this Constitution shall not otherwise
be amended, added to or revoked.
[S 65/04]
(2) His Majesty the Sultan and Yang Di-Pertuan shall consult the
Privy Council in relation to the exercise of the powers vested in him by this
Article but His Majesty the Sultan and Yang Di-Pertuan is not bound to act in
accordance with the advice of that Council.
[S 65/04]
(3) His Majesty the Sultan and Yang Di-Pertuan shall not make any
Proclamation for the amendment or revocation of any provision of this
Constitution unless a draft of the Proclamation has been laid before that
Council to enable the Legislative Council to determine if any amendments to
the draft of the Proclamation should be made.
[S 65/04]
(4) If no amendments are proposed by the Legislative Council
within 14 days, His Majesty the Sultan and Yang Di-Pertuan may proceed to
declare the Proclamation; if amendments are proposed by the Legislative
Council within 14 days, the Speaker shall, within 14 days of that Council
making the proposal, submit a report to His Majesty the Sultan and Yang
Di-Pertuan giving a summary of the debate and the reasons for the proposed
amendments.
[S 65/04]
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65 CONST. I
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(5) His Majesty the Sultan and Yang Di-Pertuan having considered
the report of the Speaker may declare that the Proclamation shall have effect
under Clause (1) either in the form in which it was laid before the Legislative
Council or with such amendments as His Majesty the Sultan and Yang
Di-Pertuan shall think fit.
[S 65/04]
Interpretation Tribunal.
86.(1) His Majesty the Sultan and Yang Di-Pertuan may refer any
question involving, arising from, relating to, or in connection with, the
meaning, interpretation, purpose, construction, ambit or effect of any of the
provisions of this Constitution to the Interpretation Tribunal established in
accordance with Clause (7) for its determination.
[S 65/04]
(2) When any such question arises in any legal proceedings before
any court, His Majesty the Sultan and Yang Di-Pertuan may direct that court
to refer such question to the Interpretation Tribunal or that court shall refer
such question to His Majesty the Sultan and Yang Di-Pertuan, with a
submission that His Majesty the Sultan and Yang Di-Pertuan should refer
that question to the Interpretation Tribunal, and upon receiving such
reference His Majesty the Sultan and Yang Di-Pertuan may refer such
question to the Interpretation Tribunal:
Provided that the court shall not refer such question which has already
been decided by the Interpretation Tribunal.
[S 65/04]
(3) If His Majesty the Sultan and Yang Di-Pertuan does not refer
such question to the Interpretation Tribunal, he shall cause the court by
whom the reference thereof was made to be so informed, and the court shall
thereupon proceed with the determination of the legal proceedings before it.
[S 65/04]
(4) The decision of a majority of the Interpretation Tribunal upon
any question referred to it under this Article shall be deemed to be a decision
of the Tribunal; and any decision of the Tribunal shall be in writing and shall
be published in the Gazette, and may be proved by production of the Gazette.
[S 65/04]
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66CONST. I
(5) In the case of a reference made by His Majesty the Sultan and
Yang Di-Pertuan to the Interpretation Tribunal pursuant to a reference under
Clause (2), His Majesty the Sultan and Yang Di-Pertuan shall cause the
determination of the Interpretation Tribunal to be communicated to the court
by which the question has been referred and, in such case, that court may
make such provision as may be just as to the costs of, and incurred by, such
reference.
[S 65/04]
(6) The determination of the Interpretation Tribunal in any question
referred to it under this Article shall be binding and conclusive upon all
persons, and shall not be called in question in or be subject to any review by
or appeal to any court.
[S 65/04]
(7) The Interpretation Tribunal shall consist of 3 members —
(a)a Chairman who shall be a person who holds or has held
high judicial office in any country, or has for at least 20 years been
engaged in legal practice in any country;
(b)one member who shall be a person who has for at least 10
years been engaged in legal practice in any country; and
(c)one member who shall be a person from any country who
professes the Islamic Religion who holds or has held office in Islamic
law or is an expert in Islamic law and jurisprudence.
The Chairman and other members shall be appointed by His Majesty the
Sultan and Yang Di-Pertuan by Instrument under the State Seal, and shall
hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
[S 65/04]
(8) His Majesty the Sultan and Yang Di-Pertuan may from time to
time make, amend or revoke rules relating to the procedure to be followed in
referring or determining questions under this Article, and may make
arrangements as to the remuneration to be paid to members of the
Interpretation Tribunal, which remuneration shall be charged on the
Consolidated Fund.
[S 65/04]
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(9) The Interpretation Tribunal may depart from any of its previous
decisions.
[S 65/04]
Authorised reprints of Constitution. [S 65/04]
87.(1) His Majesty the Sultan and Yang Di-Pertuan may, from time to
time, authorise the Attorney General to cause to be printed and published an
up-to-date reprint of this Constitution, incorporating therein all amendments
in force at the date of such authorisation.
(2) Any reprint of this Constitution printed and published under
Clause (1) shall be deemed to be and shall be, without any question
whatsoever in all courts and for all purposes whatsoever, the authentic text of
this Constitution in force as from the date specified in that reprint until
superseded by the next or a subsequent reprint.
(3) In the preparation and compilation of any reprint under Clause
(1), the Attorney General shall have, with the necessary modifications, all the
powers conferred upon him by the Law Revision Act (Chapter 1).
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68CONST. I
FIRST SCHEDULE
[S 65/04]
FORMS
FORM I
[S 65/04]
(Article 5(4))
OATH OR DECLARATION TO BE TAKEN OR MADE AND
SUBSCRIBED BY A PRIVY COUNCILLOR
WALLAHI WA-BILLAHI WA-TAALLAHI¹
I, ………………………………….…………
of His Majesty’s Privy Council
that, except with the authority of His Majesty the Sultan and Yang Di-Pertuan I will not
directly or indirectly reveal the business or proceedings of the Privy Council, or the
nature or contents of any documents communicated to me as a Member of the Council,
or any matter coming to my knowledge in my capacity as a Member of the Council and
that in all things I will be a true and faithful Privy Councillor.
Dated this …………………………………. day of …………………………………. 20 ……………
…………………………………………..
Signature
______________________________________________________________________
¹ For Muslims only.
² Delete words not required.swear by Almighty ALLAH²
_____________________________
solemnly and sincerely declare² being an ex-officio Member²
_____________________________
having been appointed a Member²
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69 CONST. I
B.L.R.O. 2/2011
FORM II
[S 65/04]
(Articles 6(3) and 22(2))
OATH TO BE TAKEN AND SUBSCRIBED BY
THE CLERK TO THE PRIVY COUNCIL AND
THE SECRETARY TO THE COUNCIL OF MINISTERS
WALLAHI WA-BILLAHI WA-TAALLAHI
I, ………………………………………………………………………….. having been appointed
swear by Almighty ALLAH that I will not directly or indirectly reveal such matters as
shall be debated in the Council and committed to my secrecy but that I will well and
truly serve in the said office as
Dated this ………………………………… day of …………………………………. 20 ……………
………………………………………….
Signature
_________________________________________________________________________
¹ Delete words not required.Privy Council¹
____________________________
Council of Ministers¹Privy Council¹
____________________________
Council of Ministers¹
to the Clerk¹
______________________________
Secretary¹to the Clerk¹
______________________________
Secretary¹
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70CONST. I
FORM III
(Article 21)
[S 65/04]
OATH OR DECLARATION TO BE TAKEN OR MADE BY
A MEMBER OF THE COUNCIL OF MINISTERS
[S 65/04]
WALLAHI WA-BILLAHI WA-TAALLAHI¹
I, ………………………………………………………. having been appointed a Member of
the Council of Ministers
that, except with the authority of His Majesty the Sultan and Yang Di-Pertuan I,
…………………..……. will not directly or indirectly reveal the business or proceedings
of the Council of Ministers, or the nature or contents of any document communicated to
me as a Member of the Council, or any matter coming to my knowledge in my capacity
as a Member of the Council, and that in all things I will be a true and faithful Member of
the Council of Ministers.
[S 65/04]
Dated this …………………………………. day of ………………………………….20 ……………
[S 65/04]
…………………………………………..
Signature
_________________________________________________________________________
¹ For Muslims only.
² Delete words not required.swear by Almighty ALLAH²
____________________________________________
solemnly and sincerely declare²
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71 CONST. I
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FORM IV
(Article 49)
[S 65/04]
OATH OR DECLARATION TO BE
TAKEN OR MADE AND SUBSCRIBED BY
A MEMBER OF THE LEGISLATIVE COUNCIL
[S 65/04]
WALLAHI WA-BILLAHI WA-TAALLAHI¹
I, ….………………………………………………………… having been appointed or elected
a Member of the Legislative Council
that I will to the best of my ability and judgment, serve as a true and faithful Member of
the Legislative Council.
[S 65/04]
Dated this ………………………………… day of …………………………………. 20 ……………
[S 65/04]
…………………………………………..
Signature
_________________________________________________________________________
¹ For Muslims only.
² Delete words not required.swear by Almighty ALLAH²
_________________________________
solemnly and sincerely declare²
LAWS OF BRUNEI
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72CONST. I
FORM V
(Article 50)
[S 65/04]
OATH TO BE TAKEN BY
THE CLERK TO THE LEGISLATIVE COUNCIL
[S 65/04]
WALLAHI WA-BILLAHI WA-TAALLAHI
I, …………………..……………………………………….… having been appointed
Clerk to the Legislative Council swear by Almighty ALLAH that I will well and truly
serve in the said office of Clerk to the Legislative Council.
[S 65/04]
Dated this …………………………………. day of …………………………………. 20 ……………
[S 65/04]
…………………………………………..
Signature
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73 CONST. I
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FORM VI
(Article 76)
[S 65/04]
OATH OR DECLARATION OF ALLEGIANCE
WALLAHI WA-BILLAHI WA-TAALLAHI¹
I, …….………………………………………
that I will be faithful and bear true allegiance to His Majesty the Sultan and Yang Di-
Pertuan ………………… and His Successors according to law. That I will without fear
or favour and to the best of my ability and judgment, serve as a true and faithful member
of the public service of Brunei Darussalam.
[S 65/04]
Dated this …………………………………. day of …………………………………. 20 ……………
[S 65/04]
…………………………………………..
Signature
_________________________________________________________________________
¹ For Muslims only.
² Delete words not required.swear by Almighty ALLAH²
_____________________________
solemnly and sincerely declare²
LAWS OF BRUNEI
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74CONST. I
SECOND SCHEDULE
[S 65/04]
(Article 24(1))
PROVISIONS RELATING TO LEGISLATIVE COUNCIL
Composition and Membership of the Legislative Council.
1.The Legislative Council shall consist of not more than 45 Members as
follows —
(a)up to 30 persons who shall be appointed by His Majesty the Sultan
and Yang Di-Pertuan from the following categories —
(i)ex-officio Members who comprise the Prime Minister and all
the Ministers appointed under Article 4(3) of this Constitution;
(ii) titled persons;
(iii) persons who, in His Majesty the Sultan and Yang Di-Pertuan’s
opinion, have rendered distinguished public service or who are
not within sub-paragraph (a)(iv) but who, in his opinion, will
be capable of contributing to the deliberations of the
Legislative Council;
(iv) persons who, in His Majesty the Sultan and Yang Di-Pertuan’s
opinion, have achieved distinction in the field of religion,
management, any profession, business, trade, agriculture,
cultural arts or community activities, or who are
representatives of particular communities; and
(b)up to 15 representatives, the exact number of which shall be
determined by His Majesty the Sultan and Yang Di-Pertuan, from Brunei and
Muara District, Belait District, Tutong District and Temburong District who
shall be elected in accordance with the laws relating to elections in force in
Brunei Darussalam.
Instrument of appointment.
2.The Members of the Legislative Council who are appointed in accordance with
sub-paragraph (a) of paragraph 1 shall be appointed by His Majesty the Sultan and Yang
Di-Pertuan by Instrument under the State Seal.
Duration and terms of appointment.
3.Every Member of the Legislative Council shall hold his seat in that Council
during His Majesty the Sultan and Yang Di-Pertuan’s pleasure and, subject thereto, shall
hold office in accordance with such terms as may be specified in the Instrument of
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appointment which may include a provision specifying the constituency or electoral
area for which he may be made responsible.
District Representatives.
4.(1) For the purpose of sub-paragraph (b) of paragraph 1, the Districts shall be
represented in the Legislative Council by Members (in this Schedule referred to as
“District Representatives”) as follows —
(a)Brunei and Muara District, up to 7 members;
(b)Belait District, up to 3 members;
(c)Tutong District, up to 3 members;
(d)Temburong District, up to 2 members.
(2) Until laws relating to elections are in force in Brunei Darussalam to elect
District Representatives, paragraphs 5 and 6 shall have effect for the purpose of
appointing such members and such appointments shall be valid for the purposes of
paragraphs 1 and 4.
Nomination and appointment of District Representatives.
5.(1) His Majesty the Sultan and Yang Di-Pertuan may, whenever His Majesty
the Sultan and Yang Di-Pertuan deems fit, inform the Penghulus, Ketua Kampong and
Ketua Rumah Panjang of the exact number of District Representatives which His
Majesty the Sultan and Yang Di-Pertuan intends to appoint.
(2) The Penghulus, Ketua Kampong and Ketua Rumah Panjang shall select
from amongst themselves candidates for appointment by His Majesty the Sultan and
Yang Di-Pertuan as District Representatives.
(3) His Majesty the Sultan and Yang Di-Pertuan shall appoint a Selection
Committee comprising a Chairman and 2 other members, who shall hold their positions
during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
(4) The Selection Committee shall have the power to recommend, from the
candidates put forward in sub-paragraph (2), persons for appointment by His Majesty
the Sultan and Yang Di-Pertuan as District Representatives and, in making such
recommendation, the Selection Committee shall take into consideration the suitability
of such persons as District Representatives.
(5) Should His Majesty the Sultan and Yang Di-Pertuan reject any candidates
recommended by the Selection Committee, the relevant Penghulus, Ketua Kampong
and Ketua Rumah Panjang shall propose alternative candidates for consideration and
the process set out in sub-paragraphs (4) and (5) shall continue until all seats determined
by His Majesty the Sultan and Yang Di-Pertuan in respect of sub-paragraph (b) of
paragraph 1 have been filled.
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76CONST. I
Va c a n c y.
6.(1) Whenever a vacancy arises amongst District Representatives, the Speaker
shall, with the prior written consent of His Majesty the Sultan and Yang Di-Pertuan,
give notice to the District Officer concerned that the selection of the candidate be
carried out.
(2) The relevant Penghulus, Ketua Kampong and Ketua Rumah Panjang shall
be called by the District Officer to nominate a candidate or candidates to fill such
vacancy, and the process set out in sub-paragraphs (4) and (5) of paragraph 5 shall
apply.
Regulations.
7.His Majesty the Sultan and Yang Di-Pertuan may make regulations for the
purposes of carrying out any provision of this Schedule.
Va l i d i t y.
8.(1) His Majesty the Sultan and Yang Di-Pertuan shall have the absolute
discretion to proclaim that the Legislative Council is or has been properly and validly
constituted, notwithstanding that no Members have been appointed under any one or
more of sub-paragraphs (a)(i) to (iv) or under sub-paragraph (b) of paragraph 1.
(2) Subject to the maximum number of members allowed under paragraph 1,
His Majesty the Sultan and Yang Di-Pertuan shall have the power to appoint additional
members to the Legislative Council after making the Proclamation in sub-paragraph (1).
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THIRD SCHEDULE
[S 65/04]
(Article 84A(1))
LIST OF SPECIFIED OFFICES
Auditor General
Clerk to the Privy Council
Clerk to the Legislative Council
Chief Syar’ie Judge
Mufti Kerajaan
Attorney General
Chairman of the Public Service Commission
Yang Di-Pertua Adat Istiadat
Speaker of the Legislative Council
Secretary to the Council of Ministers
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78CONST. I
Confirmation.
So be it. Such are the contents of the Constitution of the State of Brunei,
1959.
Invocation.
May ALLAH, to Whom be praise and Whose name be exalted, the King
of Kings, vouchsafe His grace and may the Prophet Muhammad (on whom
be the benediction and peace of ALLAH) grant His Blessing to this
Constitution, for ever and ever. Amen! O Lord of the Universe!
Done at the Lapau, at Brunei this 26th day of Rabiulawal the Hijrah of the
Prophet (on Whom be the benediction and peace of ALLAH) One thousand
three hundred and seventy-nine corresponding to the 29th day of September,
One thousand nine hundred and fifty-nine of the Christian era, being the
tenth year of the reign of His Highness.
IN WITNESS of the granting and confirmation of this Constitution and of
the concurrence and assent of the Traditional Advisers, we have hereunder
affixed our respective signatures:
Duli Pengiran Bendahara, Dato’ Paduka Muda Hashim ibni Pengiran Anak Abdul
Rahman, D.P.M.B., P.O.A.S.
Duli Pengiran Pemancha, Dato’ Paduka Haji Mohammed Alam ibni Pengiran Anak
Abdul Rahman, D.K., D.P.M.B., P.O.A.S., O.B.E.
Pengiran Shahbandar Sahibul Bandar, Dato’ Paduka Haji Mohammed Salleh bin
Pengiran Haji Mohammed, D.P.M.B., P.O.A.S.
Pehin Dato’ Perdana Menteri, Dato’ Paduka Haji Ibrahim bin Mohammed Jahfar, D.K.,
D.P.M.B., O.B.E., P.O.A.S.
Pehin Orang Kaya Di-Gadong, Awang Haji Mohammed Yussof bin Awang Haji Husain,
P.O.A.S.
Pehin Orang Kaya Shahbandar, Haji Ahmad bin Mohammed Daud, P.O.A.S., M.B.E.
Pehin Jawatan Dalam, Awang Haji Mohammed Noor bin Haji Abdul Razak, P.O.A.S.
Pengiran Ali bin Pengiran Haji Mohammed Daud, S.M.B.
Pehin Laksamana, Haji Mohammed Taha bin Awang Mohammed Husain, P.O.A.S.
Pengiran Mohammed Yussof bin Pengiran Haji Abdul Rahim, S.M.B.
Marsal bin Ma’un, S.M.B.
Pengiran Haji Abu Bakar bin Pengiran Mohammed Salleh, P.O.A.S.
Pehin Dato’ Temanggong, Lim Cheng Choo.
LAWS OF BRUNEI
Constitution of Brunei Darussalam
79 CONST. I
B.L.R.O. 2/2011
Pengiran Anak Safar ibni Al-Marhum Sultan Hashim, P.O.A.S.
Pengiran Anak Khamis ibni Al-Marhum Sultan Hashim, P.O.A.S.