Constitution of Brunei

InvocationEdit

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.

PREAMBLEEdit

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 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:

Part One - PreliminaryEdit

CitationEdit

  1. This Constitution may be cited as the Constitution of Brunei Darussalam.

InterpretationEdit

2. (1) In this Constitution, unless the context otherwise requires —

“Attorney General” means the officer appointed under Clause (1) of Article 81;

“Auditor General” means the officer appointed under Clause (1) of Article 66;

“Brunei Investment Agency” means the body corporate established by the Brunei Investment Agency Act (Chapter 137);

“Chief Syar’ie Judge” means the Chief Syar’ie Judge appointed under the Syariah Courts Act (Chapter 184);

“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;

“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;

“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;

“Council of Regency” means the Council of Regency appointed under the Succession and Regency Proclamation, 1959;

“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;

“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;

“Government” means the Government of His Majesty the Sultan and Yang Di-Pertuan;

“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 DiPertuan;

(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;

“His Majesty in Council” or “His Majesty the Sultan and Yang DiPertuan in Council” means His Majesty the Sultan and Yang DiPertuan 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;

“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;

“Kepala Wazir” means the noble and illustrious personage known as the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar;

“Legislative Council” means the Legislative Council established by Article 23;

“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;

“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);

“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;

“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;

“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.

(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]

(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]

Part Two - Religion And Adat IstiadatEdit

Official religion of Brunei Darussalam and religious observance

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.

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 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.

Part Three - Executive AuthorityEdit

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 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:

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]

Part Four - Privy CouncilEdit

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.

(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 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.

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.

8. (1) His Majesty the Sultan and Yang Di-Pertuan shall, so far as practicable, preside at meetings of the Privy Council.

(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.

Part Four A - Pardons BoardEdit

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.


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.

***(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.

Part Five - Council of MinistersEdit

Establishment of Council of Ministers

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.


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]

(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 —

(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.


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.

Part Six - Legislative CouncilEdit

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.


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;


(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]

(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]

(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]

(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]

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]

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.


 

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