PART I. PRELIMINARY
1. Citation
This Constitution may be cited as the Constitution of Brunei Darussalam.
2. Interpretation
- In this Constitution, unless the context otherwise requires—
- “Attorney General” means the officer appointed under Clause (1) of Article 81;
“Auditor General” means the officer appointed under Clause (1) of Article 66; “Brunei Investment Agency” means the body corporate established by the Brunei Investment Agency Act (Chapter 137); “Chief Syar’ie Judge” means the Chief Syar’ie Judge appointed under the Syariah Courts Act (Chapter 184); “citizen of Brunei Darussalam” means a subject of His Majesty the Sultan and Yang Di-Pertuan by virtue of the provisions of any written law relating to nationality; “Civil List” means the provision made for the maintenance of His Majesty the Sultan and Yang Di-Pertuan, His Consort and other members of the Royal Family out of public funds; “Clerk to the Legislative Council” includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council; “Clerk to the Privy Council” includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that Council; “Council of Ministers” means the Council of Ministers established by Article 10; “Council of Regency” means the Council of Regency appointed under the Succession and Regency Proclamation, 1959; “debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee; “Deputy Minister” means any person appointed under Clause (3) of Article 4; “Deputy Sultan and Yang Di-Pertuan” means the person appointed by His Majesty the Sultan and Yang Di-Pertuan under the Succession and Regency Proclamation, 1959; “Government” means the Government of His Majesty the Sultan and Yang Di-Pertuan; “high judicial office” means the office of a Judge of the Supreme Court, or of a court having unlimited jurisdiction in civil or criminal matters, or of a court having jurisdiction in appeals from any such court; “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means— - a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan;
- where appropriate, a Council of Regency; and
- to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is authorised to act, that Deputy;
“His Majesty in Council” or “His Majesty the Sultan and Yang Di-Pertuan in Council” means His Majesty the Sultan and Yang Di-Pertuan acting after consultation with the Council of Ministers, but not necessarily in accordance with the advice of that Council nor necessarily in that Council assembled; “instrument” includes any publication in the Gazette, whether or not such publication merely purports to publish the doing of an act or the occurrence of a fact or event, or otherwise conveys or purports to convey information; “Islamic Religion” means the Islamic Religion according to the Shafeite sect of Ahlis Sunnah Waljamaah; “Kepala Wazir” means the noble and illustrious personage known as the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar; “Legislative Council” means the Legislative Council established by Article 23; “meeting”, in relation to the Legislative Council, means all sittings of that Council held during a period beginning when that Council first meets after being summoned at any time and ending when that Council is next thereafter either adjourned sine die or prorogued or dissolved without having been prorogued; “Minister” means a person appointed under Clause (3) of Article 4; “Mufti Kerajaan” means the person appointed as such by His Majesty the Sultan and Yang Di-Pertuan under the Religious Council and Kadis Courts Act (Chapter 77); “Muslim revenue and funds” means all revenues and funds to which Part IV of the Religious Council and Kadis Courts Act (Chapter 77) applies; “pension rights” includes superannuation rights and provident funds rights; “Privy Council” means the Privy Council established by Clause (1) of Article 5; “public office” means any office of emolument, remuneration or allowance (including pension or other like allowance) in respect of his tenure in the Government but does not include the Sultanate, the office of Regent, Kepala Wazir, Wazir, Chief Justice, Speaker of the Legislative Council, Deputy Speaker of the Legislative Council, Minister, Deputy Minister, Parliamentary Secretary, Political Secretary, Member of the Legislative Council, Ambassador, High Commissioner, Judge of the Supreme Court, Consul-General, Consul or such other office as His Majesty the Sultan and Yang Di-Pertuan may by order published in the Gazette, prescribe; “public officer” means the holder of any public office and includes any person appointed to act in any such office; “Regent” means a Regent duly appointed under or referred to in the Succession and Regency Proclamation, 1959; “Religious Council” means the Religious Council constituted by Part II of the Religious Council and Kadis Courts Act (Chapter 77); “Secretary to the Council of Ministers” means the person appointed under Article 22 and includes any person appointed by His Majesty the Sultan and Yang Di-Pertuan to be Deputy Secretary to that Council; “session”, in relation to the Legislative Council, means the meeting of that Council commencing when it first meets after being constituted under this Constitution, or after its prorogation or dissolution at any time, and terminating when that Council is prorogued or is dissolved without having been prorogued; “sitting”, in relation to the Legislative Council, means the period during which that Council is sitting continuously without adjournment, and includes any period during which that Council is in Committee; “Speaker” means the Speaker of the Legislative Council appointed under Clause (1) of Article 37 and includes any person appointed to be his Deputy; “Standing Orders” means the Standing Orders of the Legislative Council made pursuant to Article 48; “State Seal” means the Seal of Brunei Darussalam referred to in Article 79; “Supreme Court” means the Supreme Court of Brunei Darussalam established under the Supreme Court Act (Chapter 5); “tax” includes an impost or a duty but does not include a rate levied for local purposes or a fee for services rendered; “Wazirs” means the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar, the Pengiran Bendahara Seri Maharaja Permaisuara, the Pengiran Digadong Sahibul Mal, the Pengiran Pemancha Sahibul Rae’ Wal-Mashuarah and the Pengiran Temanggong Sahibul Bahar; “written law” includes all Acts, Orders, Proclamations and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council or any Law which no authority in Brunei Darussalam is empowered to amend; “Yang Di-Pertua Adat Istiadat” means the noble and illustrious personage known as the Duli Pengiran Pemancha or the person appointed under Clause (3) of Article 3A by His Majesty the Sultan and Yang Di-Pertuan.
- “Attorney General” means the officer appointed under Clause (1) of Article 81;
- 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.
- Repealed.
- Repealed.
- References in this Constitution to “this Constitution” shall, unless the context otherwise requires, be construed as referring to subsidiary legislation made under this Constitution.
- Save as otherwise provided in this Constitution or required by context, the Interpretation and General Clauses Act (Chapter 4) shall apply to the interpretation of this Constitution as it applies to the interpretation of all other written laws.
