God or other deities
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.
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:
"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--
"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.
Provided that all other religions may be practiced in peace and harmony by the person professing them in any part of Brunei Darussalam.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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--
Provided that this paragraph shall not apply to any person--
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.
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.
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.
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.
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.
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.
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:"
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
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.
His Majesty the Sultan and Yang Di-Pertuan shall have the right to address the Legislative Council at any time upon any matter.
No tax or rate shall be levied by or for the purpose of Brunei Darussalam except by or under the authority of law.
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.
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.
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.
If, in respect of any financial year, it is found--
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.
The Legislature shall have power in respect of any financial year--
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.
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.
There shall be a Secretary to the Public Service Commission who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan.
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.
His Majesty the Sultan and Yang Di-Pertuan in Council may make regulations to provide for--
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.
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.
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;
In the exercise of this power the Attorney General shall not be subject to the direction or control of any other person or authority.
Provided that--
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--
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.
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.
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
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
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
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
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
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
WALLAHI WA-BILLAHI WA-TAALLAHI
I, swear by Alight 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