Constitution of Brunei Darussalam – The Constitution • Constitution.com

Adopted in 1959; Amended through 1984

Preamble

In the name of GOD, the Compassionate, the Merciful, PRAISE be to GOD, the Lord of the Universe, and may the benediction and peace of God be upon Our Leader Muhammad and upon all his Relations and Friends.

BY THE GRACE OF GOD, OMAR ALI SAIFUDDIN SA’ADUL KHAIRI WADDIN IBNI ALMARHUM MOHAMED JAMAL-UL ALAM of Negara Brunei Darussalam and all its dependencies, Sultan and Yang DiPertuan, SOVEREIGN AND CHIEF OF THE MOST ESTEEMED FAMILY ORDER, SOVEREIGN AND CHIEF OF THE MOST HONOURABLE ORDER OF THE CROWN of Brunei Darussalam, ORDER OF SRI MAHKOTA NEGARA, MOST ESTEEMED FAMILY ORDER (FIRST CLASS) KELANTAN, HONORARY KNEIGHT COMMANDER OF THE MOST DISTINGUISHED ORDER OF SAINT MICHAEL AND SAINT GEORGE.

Recitals Cons. II

WHEREAS provision is being made in a separate Proclamation (in this Constitution referred to as “The Succession and regency Proclamation”) 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 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 I: PRELIMINARY

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

1- In this Constitution, unless the context otherwise requires

“Adat Istiadat Officer” means the noble and illustrious personage known as the Duli Pengiran Pemancha or any person appointed by His Majesty the Sultan and Yang Di-Pertuan to hold such appointment;
“Attorney General” means the officer appointed under subsection (1) of section 66;
“a Bruneian or a citizen of Brunei” means except where subsection (2) of section 29 i applicable, a subject of His Majesty the Sultan and Yang Di Pertuan by virtue of th 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 or Consort out of public funds;
“Clerk to the Council of Ministers” includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council;
“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;
“the Commonwealth” means the countries that are independent members of the Commonwealth and territories for whose international relations any of those countries is wholly or in part responsible;
“Council of Ministers” means the Council of Cabinet Ministers established by section 10;
“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13 of the Succession and Regency Proclamation;
“debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee;
“Deputy Ministers” means persons appointed under subsection (9) of section 4;
“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 the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Negara Brunei Darussalam and includes—

a- where appropriate, a Council of Regency; and

b- to the extent to which a Deputy to His Majesty is authorised to act that Deputy;

“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 Counci 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.
“Legislature” means the authority competent to make laws for Brunei Darussalam.
“Legislative Council” means the Legislative Council established by section 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;
“Ministers” means persons appointed under subsection (4) of section 4;
“Muslim Religion” means the Muslim Religion according to the Shafeite sect of that religion;
“Muslim revenue and funds” means all revenues and funds to which Part IV of the Religious Council, State Custom and Kathis Courts Act apply;
“pension rights” includes superannuation rights and provident funds rights;
“Prime Minister” means the person appointed under subsection (6) of section 4;
“Privy Council” means the Privy Council established by subsection (1) of section 5;
“public office” means any office of emolument under the Government of Brunei Darussalam but does not include the Sultanate, the office of Regent or Wazir;
“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 subsection (1) of section 13 of the Succession and Regency Proclamation;
“Religious Adviser” means the person duly appointed by His Majesty the Sultan and Yang Di Pertuan to hold that office;
“Seal of the State” means the National Seal of Negara Brunei Darussalam referred to in section 79;
“Senior Wazir or Kepala Wazir” means the noble and illustrious personage known as the Duli Pengiran Perdana Wazir Shibol Himmah Wal-Waqar; and “the Wazirs” means the Duli Pengiran Perdana Wazir Sahibol Himmah Wal-Waqat, the Pengiran Bendahara Seri Maharaja Permaisurara, the Pengiran DiGadong Sahibol Maai, the Pengiran Pemancha Sahibol Rae Walmashuraran and the Pengiran Temenggong Sahibol Bahar;
“Session”, in relation to the Legislative Council, means the meeting of that Council commencing when it first meets after being constituted under the Constitution, or after its prorogation or dissolution at any time, and terminating when that Council is prorogued or is dissolved without having been prorogued;
“sitting”, in relation to the Legislative Council, means the period during which the Council is sitting continuously without adjournment, and includes any period during which that Council is in Committee;
“Standing Orders” means the Standing Orders of the Legislative Council made in pursuance of section 48;
“Supreme Court” means the Supreme Court of Brunei Darussalam;
“tax” includes an impost or a duty but does not include a rate levied for local purposes or a fee for services rendered;
“Welfare Officer” means the officer appointed by His Majesty the Sultan and Yang Di-Pertuan to be responsible to him for the welfare of Muslims in Brunei Darussalam;
“written law” includes all Acts, Enactments, Proclamations and subsidiary legislation, or any part thereof, but does not include any Act or Parliament of the United Kingdom nor any Order of Her Britannic Majesty in Council Royal Charter or Royal Letters Patent nor any Law which no authority in Brunei Darussalam is empowered to amend.

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- For the purpose of this Constitution, a person shall not be considered to hold a public office by reason only of the fact that he is in receipt of a pension or other like allowance in respect of service under Her Britannic Majesty or the Government.

4- If it shall be declared by any law for the time being in force in Brunei Darussalam that an office shall not be a public office for all or any of the purposes of his Constitution, this Constitution shall have effect accordingly as if such law were enacted herein.

5- References in this Constitution to “this Constitution” shall not, unless the context otherwise requires, be construed as referring to subsidiary legislation made under this Constitution.

6- Save as in this Constitution otherwise provided or required by context, the Interpretation and General Clauses Act (except sections 30, 31 and 42 thereof) shall apply for the interpretation of this constitution as it applies for the interpretation of all other written laws.

PART II: RELIGION

3- Religion of Brunei Darussalam and religious observance.

1- The religion of Brunei Darussalam shall be the Muslim Religion according to the Shafeite sect of that religion.

Provided that all other religions may be practiced in peace and harmony by the person professing them in any part of Brunei Darussalam.

2- The Head of the religion of Brunei Darussalam shall be His Majesty the Sultan and Yang Di-Pertuan.

3- The Principal officers responsible to His Majesty the Sultan and Yang Di-Pertuan for Religion, Custom and Welfare shall be the Religious Adviser, the Adat Isti’adat Officer and the Welfare, respectively.

PART III: EXECUTIVE AUTHORITY

4- Executive authority and principal officers.

1- The Supreme executive authority of Brunei Darussalam shall be vested in His Majesty the Sultan and Yang Di-Pertuan

2- Subject to this Constitution and to any other written law the executive authority shall be exercised by His Majesty the Sultan and Yang Di-Pertuan or by the Council of Ministers or any Minister authorized by the Council of Ministers.

3- There shall be a Prime Minister who subject to the provisions of this Constitution and any other written law shall be responsible to His Majesty the Sultan and Yang Di-Pertuan for the exercise of executive authority.

4- There shall be such other Ministers as His Majesty the Sultan and Yang Di-Pertuan may appoint.

5- No person shall be appointed to be Prime Minister unless he is a Brunei Malay professing the Muslim religion and belonging to the sect of that religion.

6- The Prime Minister and other Ministers shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by Instrument under His Sign Manual and the National Seal and shall hold office during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.

7- The Attorney General shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by notification in the Gazette and shall old office during the pleasure of His Majesty the Sultan and Yang Di-Pertuan.

8- The remuneration of the Prime Minister, Ministers and Deputy Ministers shall be such as may be provided by the Legislature.

9- His Majesty the Sultan and Yang Di-Pertuan may appoint Deputy Ministers who shall assist the Ministers in the discharge of their duties and functions.

PART IV: PRIVY COUNCIL

5- Establishment of a Privy Council.

1- There shall be in and for Brunei Darussalam a Privy Council, to be styled in Malay the Majlis Meayuar at Di-Raja, constituted in accordance with this Part.

2- The Privy Council, the Members of which shall be styled Privy Councillors, shall consist of—

a- the Regents, if a Council of Regency has been appointed;

b- Ex-officio Members, namely, the Prime Minister, the Wazirs, Members of the Council of Ministers, 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 Government Gazette;

c- such other person (who shall be styled “Appointed Members”) as His Majesty the Sultan and Yang Di-Pertuan, may, by Instrument under the Seal of Brunei Darussalam, appoint.

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 on the duties of his office, 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 decide, an oath or declaration in the form set out as Form 1 in the Schedule.

5- Notwithstanding that he is not a Member of the Privy Council, the Attorney General–

a- shall have the right to attend meetings of that Council for the purpose of assisting the Council in advising His Majesty the Sultan and Yang Di-Pertuan on the exercise of the power vested in His Majesty the Sultan Yang DiPertuan by subsection (1) of section 9; and

b- may, if requested by His Majesty the Sultan and Yang Di-Pertuan or by any other person presiding in that Council, attend any meeting of that Council for the purpose of advising the Council in connection with any other matter.

6- Functions of the Privy Council.

1- The Privy Council—

a- shall advise His Majesty the Sultan and Yang Di-Pertuan in relation to the amendment or revocation of any of the provisions of this Constitution, in accordance with sections 9 and 85 respectively;

b- shall, subject to the provisions of 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 any other written law or by His Majesty the Sultan and Yang Di-Pertuan.

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 clerk to the Privy Council, and such person shall, before entering upon the duties of his office, make and subscribe before His Majesty the Sultan and Yang Di-Pertuan or the senior male Regent, as the case may be, an oath or declaration in the form set out as Form 11 in the Schedule.

4- Subject to any provision contained in any other 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 h and of the Clerk to the Privy Council.

7- Summoning and quorum

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 Kepale Wazir.

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 D-Pertuan or any other Member of the Council present at the meeting has objected to the transaction of business on that account. If the number of members of the Privy Council is not a multiple of three then, for the purpose of this subsection the number of members shall be deemed to be the next highest multiple of three.

3- Any proceedings in the Privy Council shall be valid notwithstanding that some person who was not entitled to do so took part in the proceedings.

8- Presiding in the Privy Council.

1- His Majesty the Sultan and Yang Di-Pertuan, 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—

a- if a Council of Regency has been appointed, the senior male regent presents;

b- if 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

c- 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 (b) of subsection (2) of section 5.

9- Prerogative of Mercy.

1- His Majesty the Sultan and Yang Di-Pertuan may, at any time, exercise, in respect of any offence for which the offender may be tried in Brunei Darussalam, such one or more of the following powers as he may think kit, namely power to—

a- grant to any person concerned in, or convicted of, any such offence a pardon either free or subject to lawful conditions;

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

2- His Majesty the Sultan and Yang Di-Pertuan shall not pardon or reprieve any offender under subsection (1) unless it shall appear to him expedient to do so upon receiving the advice of the Privy Council thereon; but, in all such cases, he shall decide either to extend or to withhold a pardon or reprieve according to his own deliberate judgement, whether the Members of the Privy Council concur, therein or otherwise, but, if he should decide any question in opposition to the judgement of the majority of such Members, he shall record his reasons at length in the minutes of the Privy Council.

3- Repealed.

4- It shall be the duty of the Attorney General to supply to the Privy Council 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 subsection (1).

PART V: THE COUNCIL OF MINISTERS

10- Establishment of Council of Ministers

There shall be in and for Brunei Darussalam a Council of Ministers to be styled in Malay the Majlis Mesyuart, Menteri, Menteri, constituted in accordance with the provisions of this Part.

11- Constitution of Council of Ministers.

The Council of Ministers shall be presided over by His Majesty the Sultan and Yang Di Pertuan and shall consist of the Ministers appointed under subsection (6) of section 4.

12- Tenure of office and vacation of seats.

Subject to this Constitution every member shall hold his seat in the Council of Ministers during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.

13- Repealed.

14- Attendance at Council of Ministers of non-members.

Whenever His Majesty the Sultan and Yang Di-Pertuan or other person presiding desires to obtain the advice of any person touching the affairs of government, he may require such person to attend any meeting of the Council of Ministers for such purpose.

15- Precedence.

The Members of the Council of Ministers shall have seniority and precedence among themselves in that Council as His Majesty the Sultan and Yang Di-Pertuan may assign.

16- Summoning and quorum.

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 one member 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 members of the Council present at the meeting has objected to the transaction of business on that account.

3- The Council of Ministers shall not be disqualified for the transaction of business by reason of any vacancy among its Members, including any vacancy not filled when that Council is first constituted or is reconstituted at any time and any proceedings therein shall be valid notwithstanding that same person who was not entitled to do so took part in the proceedings reproduced on next page.

17- Presiding in Council of Ministers.

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 section 15.

18- Consultation with the Council of Ministers.

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 section, consult with the Council of Ministers.

2- Subsection (1) of this section 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 other 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 … authority other than the Council of Ministers… does not require him to consult with any authority.

3- Notwithstanding subsection (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 judgement, Brunei Darussalam would sustain material prejudiced by his consulting the Council of Ministers thereon;

b- in which the matters to be decided are, in his judgement, too unimportant to require the advice of the Council of Ministers; or

c- in which the matters to be decided are in his judgement too urgent to admit on 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 DiPertuan shall, as soon as practicable, inform the Council of Ministers of the measures which he has adopted with the reasons therefor.

4- Only His Majesty the Sultan and Yang Di-Pertuan or the Prime Minister shall be entitled to submit questions to the Council of Ministers, but if the Prime Minister declines to submit any question to that Council when requested in writing by any Member of that Council so to do, it shall be competent to such Member to require that there be recorded upon the minutes his written application together with the answer returned by the Prime Minister thereon.

19- His Majesty the Sultan and Yang Di-Pertuan may act in opposition to the advice of the Council of Ministers.

1- His Majesty the Sultan and Yang Di-Pertuan may act in opposition to the advice given to him by the majority of the Members of the Council of Ministers if he shall, in any case, consider it right so to do, but, in any case, he shall record fully 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, it shall be competent for any Member 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.

20- Minutes

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 Clerk to the Council of Ministers to His Majesty and Yang Di-Pertuan.

21- Order to be taken by members

Every member of the Council of Ministers, other than His Majesty the Sultan and Yang Di-Pertuan, shall, before entering on the duties of his office, make and subscribe 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 Schedule:

Provided that any person who, having previously been a Member of that Council of Ministers, 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 making and subscribing such oath or declaration.

22- His Majesty the Sultan and Yang Di-Pertuan shall appoint some fit and proper person to be Clerk to the Council of Ministers, and such person shall, before entering upon the duties of this office, make and subscribe before His Majesty the Sultan and Yang Di-Pertuan or other Member presiding an oath or declaration in the form set out as Form Ii on the Schedule.

PART VI: THE LEGISLATIVE COUNCIL

23- There shall be a Legislative Council, to be styled in Malay the “Majlis Mesyuart Negeri”, constituted in accordance with the provisions of this Part.

24- The Legislative Council shall consist of six ex-officio Members, five Official Members and ten Nominated Members.

25- The ex-officio Members of the Legislative Council shall be the Prime Minister, the Minister, the Attorney General and the Religious Adviser.

26- The Official Members of the Legislative Council shall be persons who hold public office and shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by Instrument under the Seal of the State.

27- Repealed.

28- The Nominated Members of the Legislative Council shall be persons who do not hold public office, and shall be appointed by His Majesty and Sultan and Yang Di-Pertuan by Instrument under the Seal of the State. • First chamber selection

29-

1- Subject to section 30, any person other than a Regent who is a Subject of His Majesty the Sultan and Yang Di-Pertuan and who has attained the age of 21 years, shall be qualified to be appointed as an Official Member or a Nominated Member of the Legislative Council.

2- For the purposes of this section, the term “a subject of His Majesty the Sultan and Yang Di-Pertuan” shall have the same meaning as that assigned to it by the Nationality Act for the time being in force.

30- Disqualification for official and nominated members

No person shall be qualified to be appointed as an Official Member or a Nominated Member of the Legislative Council or having been so appointed shall sit or vote therein, who—

a- is, by virtue of his own act, under acknowledgement of allegiance, obedience or adherence to power or state outside Brunei Darussalam.

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, in any part of the Commonwealth or in the Republic of Ireland to death or to imprisonment (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 has been allowed but the appellate court has imposed a sentence of death or imprisonment (by whatever name called);

ii- who has received a free pardon;

iii- if 3 years or more have elapsed since the termination of the imprisonment; or

iv- 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 in any foreign country.

e- is a party to, or a partner in, a firm or a director or manager of a company, which is a party to any contract the consideration for which exceeds in value the sum of one thousand dollars with the Government for or on account of the public service, and has not disclosed to the Speaker the nature of such contract and his interest, or the interest of such firm or company therein.

Provided that a person shall not be considered to be a party to a contract with the Government for the purpose of this paragraph by reason of his holding, or acting in, any public office.

31- Tenure of Office and vacation of seats.

1- Every Official and Nominated Member of the Legislative Council shall hold his seat therein during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.

2- Every Official and Nominated Member of the Legislative Council shall cease to be a Member at the next dissolution of the Council after he has been appointed or previously thereto if his seat shall become vacant under this Constitution.

3- The seat of the Official or Nominated Member shall become vacant—

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, and, in the case of an Official Member, his resignation shall be accepted by His Majesty the Sultan and Yang Di-Pertuan;

c- if he shall be absent from two consecutive meetings of the Legislative Council without having obtained from the Speaker, before the termination of either or such meetings, permission to be or to remain absent therefrom; • Attendance by legislators

d- if, being an Official Member, he shall cease to hold public office;

e- if, being a Nominated Member, he shall be appointed permanently to any public office; or

f- if any circumstances arise which, if he were not a Member of the Legislative Council, would cause him to be disqualified under section 30.

4- If a Nominated Member shall be appointed temporarily to any public office or to act in any such office, he shall not sit as a Member or take part in the proceedings of the Legislative Council by virtue of his appointment as a Nominated Member so long as he continues to hold or act in that office.

5- His Majesty the Sultan and Yang Di-Pertuan may, for such reason as may appear to him to be good and sufficient, by Instrument under the Seal of the State, declare any Member, other than an ex-officio Member, to be incapable of discharging his functions as a Member of the Legislative Council, and thereupon, such Member shall not sit in or take part in the proceedings of the Legislative Council until he is declared, in manner aforesaid, again to be capable of discharging his said functions.

6- His Majesty the Sultan and Yang Di-Pertuan may, for such reason as may appear to him good and sufficient, by Instrument under the Seal of the State suspend any Member, other than an ex-officio Member from the exercise of his functions as such, and, thereupon such Member shall not sit in or take part in the proceedings of the Legislative Council so long as his suspension remains in force; and every such suspension shall remain in force until it shall be removed by His Majesty the Sultan and Yang Di-Pertuan by Instrument under the Seal of the State, or the person suspended ceases to be a Member of the Legislative Council.

7- If any ex-officio Member of the Legislative Council is appointed Regent and continues to hold the office by virtue of which he is an ex-officio member of the Legislative Council, he shall not, so long as he is a Regent, sit or take part in the proceedings of the Legislative Council as an ex-officio Member thereof.

8- Any person vacating a seat as a Member of the Legislative Council may, if qualified, be again appointed as, or elected to be, as the case may be, a Member from time to time.

32- Decisions of questions as to membership of Legislative Councils, etc.

1- His Majesty the Sultan and Yang Di-Pertuan shall have exclusive jurisdiction to determine any question whether—

a- any Official Member or any Nominated Member of the Legislative Council has been validly appointed as a Member of the Council; or

b- any such Member has vacated his seat therein.

2- Repealed.

33- Temporary appointments.

1- Where for the time being—

a- one of the Members is appointed to act as regent.

b- the functions of the offices qualifying for ex-officio membership of the Legislative Council are being discharged by less than 8 persons;

c- an Official Member is discharging the functions of any of those offices;

d- the seat of an Official Member or a Nominated Member is vacant otherwise than by reason of a dissolution of the Council.

e- a Member is unable to sit in the Legislative Council in consequence of a declaration by His Majesty the Sultan and Yang Di-Pertuan, as provided in subsection (5) of section 31, that he is incapable of discharging his functions as a Member;

f- a Member, other than an ex-officio Member or an Elected Member, is unable to sit in the Legislative Council in consequence of his suspension as provided in subsection (6) of section 31;

g- a Nominated Member has been appointed temporarily to a public office or to act in any such office; or

h- an Official Member or a Nominated Member is absent from Brunei Darussalam.

His Majesty Sultan and Yang Di-Pertuan may, by Instrument under the Seal of the State, appoint a person to be a Member for the period of such vacancy.

2- If the deficiency is in the number of ex-officio Members or Official Members, the person so appointed shall be a person who is a public officer.

3- Every person so appointed shall, so long as his appointment shall subsist, be to all intents and purposes—

a- in the case of a deficiency in the number of persons sitting in the Legislative Council as ex-officio Members or Official Members an Official Member; and

b- in the case of a deficiency in the number of persons sitting in the Legislative Council as Nominated Members, a Nominated Member, and, subject to this section, section 31 shall apply accordingly.

4- Any such temporary appointment shall case to have effect on notification by the Clerk of 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, or when the deficiency shall otherwise cease to exist.

5- A temporary appointment shall cease to have effect on notification by the Clerk of 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, or when the deficiency shall otherwise cease to exist.

34- Attendance of Legislative Council of Non-Members.

1- Whenever the Speaker desires to obtain the advice of any person in Brunei Darussalam touching any business about to be brought before the Legislative Council, he may summon any such person to attend the Legislative Council for such purpose.

2- Any person so required may, with the permission of the Speaker and subject to Standing Orders, address the Legislative Council but, save as aforesaid, shall take no part in the proceedings thereof.

35- Filling of vacancies.

1- Whenever the seat of an Official Member or a Nominated Member of the Legislative Council becomes vacant the vacancy shall be filled by appointment by His Majesty the Sultan and Yang Di-Pertuan in accordance with this Constitution.

2- Repealed.

36- Precedence.

1- The Members of the Legislative Council shall have seniority and precedence in the Council as follows—

First, the ex-officio Member in the order in which their offices are referred to in section 25;
Secondly, the Official Members and the Nominated Members according to the date of the Instruments by which they were respectively appointed, or if appointed on the same day, in such order as His Majesty the Sultan and Yang Di-Pertuan shall assign; and Majesty the Sultan and Yang Di-Pertuan shall assign; and
Thirdly the temporary Members in such order as His Majesty the Sultan and Yang Di-Pertuan shall assign.

2- When any person is re-appointed to the Legislative Council to fill the vacancy caused by the termination of his own term of office, any interval between such termination and re-appointment shall be disregarded in calculating for the purpose of this section, the length of time for which such person has been continuously a Member of the Council.

37- Speaker.

1- His Majesty the Sultan and Yang Di-Pertuan may, be Instrument under the Seal of Brunei Darussalam, appoint a Speaker of the Legislative Council either from among the Members thereof; but, unless and until a Speaker is so appointed or if any time there is no subsisting appointment of a Speaker, references in this Constitution (other than in this section) to the Speaker shall be construed as references to the Prime Minister.

2- Any person appointed as Speaker shall hold office at 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:

Provided that the 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 appointed from among the Members of the Legislative Council, shall vacate his office if he ceases to be a Member of the Council.

38- Speaker to attend and preside.

The Speaker shall, so far as is practicable, attend and preside at all meetings of the Legislative Council and in his absence such Member of the Legislative Council as the Speaker may, after consultation with His Majesty the Sultan and Yang Di-Pertuan, generally or specially appoint, or, in the absence of such Member or if no Member be so appointed, the Member of the Legislative Council present who stands first in the order of precedence, shall preside.

PART VII: LEGISLATION AND PROCEDURE IN THE LEGISLATIVE COUNCIL

39- Power to make laws.

1- It shall be lawful for His Majesty the Sultan and Yang Di-Pertuan, with the advice and consent of the Legislative Council, and subject to the provisions of this Constitution, to make laws for the peace, order and good government of Brunei Darussalam.

40- Introduction of Bills, etc.

1- Subject to this Constitution and to Standing Orders, any Member of the Legislative Council may introduce any Bill or propose any motion for debate in, or may present any petition to, the Legislative Council, and such Bill, motion or petition shall be debated and disposed of in accordance with Standing Orders.

2- Except with the prior approval of His Majesty the Sultan and Yang Di-Pertuan, the Legislative Council shall not proceed upon any Bill, motion or petition which would provide for or affect:

a- the finance or currency of Brunei Darussalam;

b- the compounding or remitting of any dept due to Brunei Darussalam;

c- the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition of any such charge;

d- 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;

e- 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;

f- 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

g- the assignment of any tax or fee.

3- A Bill or an amendment to a Bill shall not be deemed to make provision for any of the matters specified in subsection (2) 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 license fee or a fee or charge for any service rendered.

b- for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

41- Publication of Bills.

Save in case of urgency to be certified in writing by the Prime Minister, every Bill shall be published for general information in the Gazette at least 14 days prior to its introduction into the Legislative Council.

42- Description of Bills, etc., not to be proceeded without approval.

1- Except with the prior approval of His Majesty the Sultan and Yang Di-Pertuan signified thereto, the Legislative Council shall not proceed upon any Bill or upon any amendment to any Bill which, in the opinion of the Speaker, falls within any of the following classes–

a- any Bill relating to the issue of Bank Notes or the establishment of any Bank Association or the amendment of the constitution thereof;

b- any Bill the provision of which shall appear inconsistent with obligations imposed upon Him Majesty the Sultan and Yang Di-Pertuan or Her Majesty by Treaty or Agreement; or

c- any Bill relating to questions of defence or public security.

2- The approval of His Majesty the Sultan and Yang Di-Pertuan in relation to any Bill or any amendment to any Bill under this section 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 verbally throughout the Prime Minister and, if given at any other time, shall be given in writing under the hand of the Prime Minister.

3- 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 under subsection (1) on any Bill, or any amendment to any Bill, which may be before that Council, or may require the Legislative Council not to proceed thereon until His Majesty the Sultan and Yang Di-Pertuan has given his approval.

43- Voting.

1- All questions proposed for decision in the Legislative Council shall be determined by a majority of the votes of the Members present and voting.

2- The Speaker, if appointed as such by Instrument under the Seal of the State from among persons who are not Members of the Legislative Council, shall not have an original vote, but he shall have and exercise a casting vote.

3- In the absence of the Speaker the Member presiding shall have an original vote and shall in addition, if upon any question the votes are equally divided, have and exercise a casting vote.

44- Vacancies and quorum.

1- The Legislative Council shall not be disqualified for the transaction of business by reason of any vacancy among the Members, including any vacancy not filed when the 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.

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 7 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 Council shall be adjourned.

45- Assent to Bills, etc.

1- No Bill shall become law unless His Majesty the Sultan and Yang Di-Pertuan shall have assented thereto, and shall have signed the same, and the same shall have been sealed with the Seal of the state in token of assent.

2- 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 wither 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.

46- Style of laws and enacting words.

All laws shall be styled Acts and the enacting words shall be “Be enacted by His Majesty the Sultan and Yang Di-Pertuan with the advice and consent of the Legislative Council as follows:”

47- Reserved powers.

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 that any Bill introduced, or any motion proposed, in the Legislative Council shall have effect, then, if the Council fail to pass that Bill or carry that motion within such time and in such form 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 of any Standing Orders, declare that Bill or motion shall have effect as if it had been passed or carried by the 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 passed or carried.

2- 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 Prime Minister shall notify such revocation in the Gazette; and from the date of such notification, any motion which shall have been deemed to have been carried by virtue of the declaration revoked shall cease to have effect; and such cession shall have the same effect as the repeal of a written law. • Head of state decree power

48- Standing Orders.

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 despatch of business; but no such Orders, and no amendment or revocation thereof, shall have effect unless approved by His Majesty the Sultan and Yang Di-Pertuan.

2- The first Standing Orders of the Legislative Council shall be made by His Majesty the Sultan and Yang Di-Pertuan and may be amended or revoked by that Council under subsection (1).

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 conduct of the business of the Legislative Council.

49- Oath to be taken by members.

Every Member of the Legislative Council shall before taking his seat make and subscribe before the Speaker or other Member presiding an oath or declaration in the form set ut as Form IV in the Schedule.

Provided that any person, who, having previously been a Member of the Legislative Council, again becomes Member of that

50- Clerk to the Legislative Council.

His Majesty the Sultan and Yang Di-Pertuan shall appoint some fit and proper person to be Clerk to the Legislative Council, and such person shall, before entering upon the duties of his office, make and subscribe before the Speaker or other Member presiding an oath or declaration in the form set out as Form V in the Schedule.

51- Minutes

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.

52- Sessions, etc., of the Legislative Council.

1- There shall be a session of the Legislative Council once at least in every year, so that a period of 12 months shall not intervene between the last sitting in one session and the date appointed for its first sitting in the next session.

2- Each session of the Legislative Council shall be held at such place and shall commence at such time as His Majesty the Sultand and Yang Di-Pertuan may from time to time, by notice published in the Gazette, appoint.

53- Privileges of Legislative Council.

3- 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 Councilor any committee thereof.

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.

54- Right of Sultan to address legislative council.

His Majesty the Sultan and Yang Di-Pertuan shall have the right to address the Legislative Council at any time upon any matter.

55- Prorogation and Dissolution.

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

56- No taxation unless authorised by law.

No tax or rate shall be levied by or for the purpose of Brunei Darussalam except by or under the authority of law.

57- Civil List of the Sultan and his Consort.

The Legislative shall by law provide a Civil List of His Majesty the Sultan and Yang Di-Pertuan and a Civil List of his Consort, which Civil List shall be a charge on the Consolidated Fund.

58- Consolidated Fund.

All revenues and moneys howsoever raised or received by Brunei Darussalam from whatsoever source shall, subject to this constitution and any written law, be paid into and from one fund to be known as the Consolidated Fund.

59- Expenditure charged on Consolidated Fund.

1- There shall be charged on the Consolidated Fund in addition to any grant, remuneration or other moneys so charged by any other provision of this Constitution or by any written law—

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 Brunei Darussalam;

b- all pensions, compensation for loss of office and gratuities for which Brunei Darussalam is liable;

c- all debt charges for which Brunei Darussalam is liable.

d- all moneys required to satisfy any judgment, decision or award against Brunei Darussalam by and court or tribunal; and

2- For the purposes of this section, “debt charges” include interest, sinking fund charges, the repayment or amortization 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.

60- Annual estimates of revenue and expenditure.

1- The Prime Minister shall, in respect of every financial year, cause to be paid before the Legislative Council a Statement of the estimated receipts and expenditure of Brunei Darussalam for that year, and, unless the Legislature by written law in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.

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 subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.

3- The sums to be shown under paragraph (b) of subsection (2) shall not include—

a- sums representing the proceeds of any loan raised by Brunei darussalam for specific purposes and appropriated for those purposes by or under the written law authorising the raising of the loan; and

b- sums presenting any money, or interest on money, received by Brunei darussalam subject to a trust and to be applied in accordance with the terms of the trust.

4- That Statement shall also show, so far as practicable, the assets and liabilities of Brunei Darussalam 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.

61- Supply Bills.

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 subsection (3) of section 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 of the purposes specified therein.

62- Supplementary and excess expenditures.

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 the amount, if any appropriated for that purpose by the Annual Supply Act:

a Supplementary Estimate showing the sums required or spent shall be caused by His Majesty the Sultan an 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.

63- Power to authorise expenditure on account or for unspecified purposes.

The Legislature shall have power in respect of any financial year—

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 sections 59 to 62 inclusive if, owing to the magnitude or indefinite character of any services or to circumstances of unusual urgency, it appears to be desirable so to do.

64- Contengencies Fund.

1- The Legislature may by law provide for the creation of a Contingencies Fund and for authorising the Prime Minister 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.

2- Where any advance is made in accordance with subsection (1), a Supplementary Estimate shall be presented and a Supplementary Supply Bill introduced as soon as possible for the purpose of replacing the amount so advanced.

65- Withdrawals from Consolidated Funds.

1- Subject to subsection (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 section 63.

2- Subsection (1) shall not apply to any such sums as are mentioned in subsection (3) of section 60.

3- No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by law.

66- Auditor General.

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 office of Auditor General shall be eligible for reappointment but shall not, while holding that office be eligible for any other appointment in the service of Brunei Darussalam.

3- The Auditor General may at any time resign his office, but shall not be removed from office except on the like grounds and in the like manner as a member of the Public Service Commission.

4- The Legislature shall provide for the remuneration of the Auditor General and the remuneration so provided shall be charged on the Consolidated Fund.

5- The remuneration and other terms of office, including pension rights, of the Auditor General shall not be altered to his disadvantage after his appointment.

6- Subject to this section, the terms and conditions of the service of the Auditor General shall be determined by His Majesty the Sultan and Yang Di-Pertuan.

67- Power and duties of Auditor General.

1- The accounts of Brunei Darussalam shall 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.

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.

68- Reports of Auditor General.

The Auditor General shall submit his reports to His Majesty the Sultan and Yang Di-Pertuan who shall cause them to be laid before the Legislative Council.

69- The provisions of this Part shall not be applicable to Muslim revenues and funds.

PART IX: THE PUBLIC SERVICES

70- Tenure if office in the public service.

Save as otherwise provided in this Constitution, every person holding office in the service of the Government of Brunei Darussalam shall hold office during the pleasure of His Majesty the Sultan and Yang Di Pertuan.

71- The Public Service Commission.

1- There shall be a Public Service Commission which shall consist of a Chairman and Such number of members as His Majesty the Sultan and Yang Di-Pertuan may appoint.

2- Subject to subsection (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 reappointment.

a- subject to paragraph (b), a member of the Public Service Commission may be removed from his office by His Majesty the Sultan and Yang Di-Pertuan.

b- A member of the Public Service Commission shall only be removed from his office for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed unless his case has been investigated by a person who holds or has held high judicial office in Brunei Darussalam or any part of the Commonwealth, nominated for that purpose by His Majesty the Sultan and Yang DI-Pertuan, and that person has recommended that he should be so removed.

c- His Majesty the Sultan and Yang Di-Pertuan in Council may from time to time make, amend or revoke rules relating to the procedure to be followed in investigating any question under this subsection, and may make arrangements as to the remuneration to be paid to any person appointed under paragraph (b), which remuneration shall be a charge on the Consolidated Fund.

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 section 75, be as determined by the Commission.

6- For the purposes of the Penal Code, a member of the Public Service Commission shall be deemed to be a public servant.

72- Secretary to Public Service Commission

There shall be a Secretary to the Public Service Commission who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan.

73- Salaries of member of Public Service Commission.

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 the Legislature; and all such salaries and allowance shall be a charge on the Consolidated Fund.

74- Appointments in the Public Service

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.

2- In the exercise of the power conferred upon him by subsection (1), His Majesty the Sultan and Yang Di-Pertuan shall, except in the case of the Prime Minister, Overseas Officers and such other public officers as His Majesty the Sultan and Yang Di-Pertuan in Council may prescribe by notification in the Gazette, and unless regulations under section 75 otherwise provide, consult and act in accordance with the recommendation of the Public Service Commission.

3- nothing in this section 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.

75- Regulations.

His Majesty the Sultan and Yang Di-Pertuan in Council may make regulations to provide for—

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 section 74 and may further provide that any such person shall be free from the restriction imposed by subsection (2) to section 74.

76- His Majesty the Sultan and Yang Di-Pertuan to administer oaths.

His Majesty the Sultan and Yang Di-Pertuan may, whenever he thinks fit, require any person in the public service of Brunei Darussalam to make and subscribe 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 Schedule.

77- Repealed.

78- Repealed.

PART X: THE STATE SEAL

79- The State Seal.

His Majesty the Sultan and Yang Di-Pertuan shall keep and use the National Seal of Negara Darussalam for sealing all things whatsoever that shall pass that State Seal.

PART XI: MISCELLANEOUS

80- Provisions to give effect to Constitution.

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.

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 section 11 of that section and Part Vi were in force and the appointments made under Part VI had taken effect. Provided that, except in so far as may be necessary to give effect to the provisions of this subsection, no appointment by virtue hereof shall have effect before the commencement of that Part;

d- provide for the financial procedure of Brunei Darussalam including, until other provision has been made under subsection (1) of section 64, the establishment of a Contingencies Fund.

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 subsection (4) of section 66, provide for the remuneration of Auditor General.

f- until otherwise provided by the Legislative Council pursuant to section 73, provide for the remuneration of the member of the Public Service Commission.

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 without [ ? ] and Brunei Darussalam, at present held on behalf of Brunei Darussalam by certain other persons and bodies;

2- Subject to this section, the existing instruments shall until repealed by the authority having power to do so under his 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 section or by any other written law.

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 section, “existing instruments” means Acts, rules, regulations, by-laws, proclamations, orders, licenses, 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.

5- An Order made under this section 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.

81- Attorney General.

1- 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 of Brunei Darussalam.

2- 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 Muslim Court, subject to the provisions of any written law to the contrary; or

b- proceedings before a Court Martial.

In the exercise of this power the Attorney General shall not be subject to the direction or control of any other person or authority.

3- 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.

82- Official Language.

1- The official language of Brunei Darussalam shall be the Malay language and shall be in such script as may by written law be provided.

2- Notwithstanding subsection (1), for a period of 5 years after the coming into operation of this section, and thereafter until otherwise by written law provided, the English language may be used for all official purposes.

3- The official language of the proceedings of the Privy Council, of the Council of Ministers and of the Legislative Council shall be Malay; Provided that—

a- with the leave of the person presiding, any Member may speak in English; and

b- whenever it shall be necessary for the better convenience of any Member of any Council as aforesaid who is not conversant with the Malay Language to do so, such Member may, with the leave of the person presiding, employ an interpreter during the proceedings of such Council; and every interpreter so employed shall, before entering upon his duties for the first time, make and subscribe before the person presiding an oath or declaration in the form set out as Form VII in the Schedule.

4- 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.

5- Notwithstanding subsection (1), for a period of 5 years after the coming into operation of this section, and thereafter until otherwise by written law provided, the authoritative text of—

a- all Bills to be introduced, or amendments thereto to moved, in the Legislative Council; and

b- all written laws and instruments, shall be printed in both the Malay and English languages; but in case of any doubt or conflict between the Malay and the English texts—

i- subject to paragraph (ii), if such conflict or doubt arises in any Bill, written law or instrument, other than this Constitution, the Succession and Regency Proclamation or the Nationality Legislation the English text shall prevail.

ii- if such conflict or doubt arises in this Constitution, the Succession and Regency Proclamation or the Nationality Legislation but not any Order made thereunder, the Malay text shall prevail.

83- State emergency.

1- Whenever it appears to His Majesty the Sultan and Yang Di-Pertuan that an occasion of public danger exists whereby the security or economic life of Brunei Darussalam, or any part thereof, is 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 part of Brunei Darussalam as may be specified in the Proclamation.

2- No Proclamation of Emergency shall be in force for more than 2 years, without prejudice, however, to the issue of another such proclamation at or before the end of that period

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 guilty of such offences:

Provided that no such Order shall confer any right to punish, without trial, by death, imprisonment or fine and that, except in so far as such procedure may be modified by any such Order, or of any offence created by any such Order, in respect of which breach or offence it is sought to make the offender liable to death, imprisonment or fine.

4- Without prejudice to the generality of subsection (3), such Orders may be made with regard to any matters coming within the classes of subject hereinafter enumerated, that is to say–

a- censorship, and the control and suppression of publications, writing, maps, plans, photographs, communications and means of communication;

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;

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, but having no power to inflict imprisonment or fines;

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.

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 may be 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.

6- Any Order made under this section shall, unless His Majesty the Sultan and Yang Di-Pertuan otherwise directs, come into force on the day on which it is made.

7- Every Order made under this section shall, at the next meeting of the Legislative Council, be laid on the table of that Council and the Legislative Council may resolve that any such Order shall, to the extent and as from such date as may be specified in such resolution, 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.

8- Such Order shall be publicly notified as soon as circumstances permit, and any rescission of such Orders shall also be so published.

9- Any Order made under this section shall, if the Proclamation of Emergency specified only part of Brunei Darussalam, have effect only in such part:

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 section and every instrument made in pursuance of any such Order shall have effect notwithstanding anything therewith contained in the Constitution or in any written law.

84- Effect of Constitution on His Majesty the Sultan and Yang Di-Pertuan’s prerogative.

1- The Government of Brunei darussalam shall be regulated in accordance with the provisions of this Constitution, and the form of such Government shall not be altered save in pursuance of the power conferred by section 85.

2- save as provided in subsection (1), and save to such extent as may be necessary to avoid inconsistency with any of the provisions of this Constitution, 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 proclaim a further Part or further Parts of the law of the Constitution as to him from time to time may seem expedient.

PART XII: AMENDMENT AND INTERPRETATION OF THE CONSTITUTION

85- Amendment of Constitution.

1- His Majesty the Sultan and Yang Di-Pertuan may by Proclamation, amend or revoke any of the provisions of the Constitution including this section; and this Constitution shall not otherwise be amended.

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 section but shall not be obliged to act in accordance with the advice of that Council.

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 approved by resolution of the Legislative Council.

86- Interpretation Tribunal.

1- His Majesty the Sultan and Yang Di-Pertuan may refer any question involving the meaning, interpretation, construction or effect of any of the provisions of the Constitution to the Interpretation Tribunal established in accordance with subsection (7) for their determination

2- When any such question rises in any legal proceedings before any court, either party thereto may request that court to report 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, thereupon, the court shall so report such question unless in the opinion of the court the request is frivolous or vexatious, or the question has already been decided by the Interpretation Tribunal.

3- If His Majesty the Sultan and Yang Di-Pertuan does not refer a question reported under subsection (2), he shall cause the court by whom the report thereof was made to be so informed, and the court shall thereupon proceed with the determination of the legal proceedings before it.

4- The decision of a majority of the Interpretation Tribunal upon any question referred to it under this section 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.

5- In the case of a reference made by His Majesty the Sultan and Yang Di-Pertuan to the interpretation Tribunal pursuant to a report under subsection (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 reported and, in such case, that court may make such provision as may be just as to the costs of, and incurred by, such reference.

6- The determination of the Interpretation Tribunal in any case referred to it under this section shall be binding and conclusive upon all persons, and shall not be called in question in any court.

7- The Interpretation Tribunal shall consist of a Chairman, who shall be a person who holds or has held high judicial office in, or has for at least 10 years been engaged in legal practice in, any part of the Commonwealth, and 2 other members, which Chairman and other members shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by instrument under the Seal of the State.

8- His Majesty the Sultan and Yang Di-Pertuan in Council may from time to time make, amend or revoke rules relating to the procedure to be followed in referring or determining questions under this section, and may make arrangements as to the remuneration to be paid to members of the [Interpretation Tribunal]

SCHEDULE

FORM I: OATH AND DECLARATION TO BE TAKEN OR MADE BY A PRIVY COUNCILLOR (Section 5 (4))

WALLAHI WA-BILLAHI WA-TAALLAHI

I, being an ex-officio Member (having been appointed a Member) of His Majesty’s Privy Council swear by Almighty God (solemnly and sincerely declare) that, except with the authority of His Majesty the Sultan and Yang Di-Pertuan I will not directly or indirectly reveal the business or procedures of the Privy Council, or the nature or contents of any documents communicated to me as a Member of theCouncil, or any matter coming to my knowledge in my capacity as a Member of theCouncil and that in all things I will be a true and faithful Councillor.

Dated this day of , 19

Signature

FORM II: OATH AND DECLARATION TO BE TAKEN OR MADE BY THE CLERK TO THE PRIVY COUNCIL AND THE CLERK TO THE COUNCIL OF MINISTERS (Section 6 (3), 22)

WALLAHI WA-BILLAHI WA-TAALLAHI

I, having been appointed Clerk to the Privy Council (Council ofMinisters) swear by Almighty God (solemnly and sincere declare) that I wil not directly or indirectly reveal such matters as shall be debated in the Council an committed to my secrecy but that I will well and truly serve in the said office as Clerk to the Privy Council. (Council of Ministers)

Dated this day of , 19

Signature

FORM III: OATH AND DECLARATION TO BE TAKEN OR MADE BY A MEMBER OF THE COUNCIL OF MINISTERS (Section 21)

WALLAHI WA-BILLAHI WA-TAALLHI

I, (having been appointed a Member) of the Council of Ministers, swear by Almighty God (solemnly and sincerely declare) 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 Councillor.

Dated this day of , 19

Signature

FORM IV: OATH AND DECLARATION TO BE TAKEN OR MADE BY A MEMBER OF THE LEGISLATIVE COUNCIL (Section 49)

WALLAHI WA-BILLAHI WA-TAALLAHI

I, being an ex-officio Member (having been appointed a Member) of the Legislative Council swear by Almighty God (solemnly and sincerely declare) that I will to the best of my ability and judgement, serve as a true and faithful Member of the Legislative Council.

Dated this day of , 19

Signature

FORM V: OATH DECLARATION TO BE TAKEN OR MADE BY THE CLERK TO THE LEGISLATIVE COUNCIL (Section 50)

WALLAHI WA-BILLAHI WA-TAALLAHI

I, having been appointed Clerk to the Legislative Council swear by Almighty God (solemnly and sincerely declare) that I will well and truly serve in the said office of Clerk to the Legislative Council.

Dated this day of , 19

Signature

FORM VI: OATH AND DECLARATION OF ALLEGIANCE (Section 76)

WALLAHI WA-BILLAHI WA-TAALLAHI

I, swear by Almighty God (solemnly and sincerely declare) that I will be faithful and bear true allegiance to His Majesty 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 judgement, serve as a true and faithful member of the public service of Brunei Darussalam.

Dated this day of , 19

Signature

FORM VII: OATH AND DECLARATION TO BE TAKEN OR MADE BY AN INTERPRETER EMPLOYED IN THE PRIVY COUNCIL THE COUNCIL OF MINISTERS OR THE LEGISLATIVE COUNCIL (Section 82 (3) (b))

WALLAHI WA-BILLAHI WA-TAALLAHI

I, swear by Almighty God (solemnly and sincerely declare) that I understand the Malay and languages and that I will, to the best of my skill an understanding, well and truly interpret and true explanation make between the Members of Privy Council (Council of Ministers) (Legislative Council) who are conversant with the Malay language and those who are conversant with the language(s).

Dated this day of , 19

Signature