Brunei Darussalam 1959 Constitution (reviewed 2006) - Page 13 of 18

PART XI. MISCELLANEOUS

80. Provisions to give effect to Constitution.

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—
1. 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;
2. 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;
3. proceed to make any appointment which he would be authorised to make under Part VI if this Constitution were in operation and may also, at any time after such appointments, proceed to make any appointment which he would be authorised to make under Article 11 if that Article and Part VI were in force and the appointments made under Part VI had taken effect:Provided that, except in so far as may be necessary to give effect to the provisions of this Clause, no appointment made by virtue hereof shall have effect before the commencement of that Part;
4. provide for the financial procedure of Brunei Darussalam including, until other provision has been made under Clause (1) of Article 64, the establishment of a Contingencies Fund;
5. provide for the audit of the moneys of Brunei Darussalam and of other public bodies administering public funds, and until otherwise provided by the Legislative Council pursuant to Clause (4) of Article 66, provide for the remuneration of Auditor General;
6. until otherwise provided by the Legislative Council pursuant to Article 73, provide for the remuneration of the member of the Public Service Commission;
7. provide for the incorporation of the Prime Minister for the purpose of holding and disposing of property, movable and immovable, in his corporate capacity, on behalf of Brunei Darussalam, and for the purpose of transferring to him, in that capacity on behalf of Brunei Darussalam, certain property, movable and immovable situate within and outside Brunei Darussalam, at present held on behalf of Brunei Darussalam by certain other persons and bodies;
8. provide for the procedure in administrative appeals to His Majesty the Sultan and Yang Di-Pertuan in Council.
Subject to this Article, the existing instruments shall until repealed by the authority having power to do so under this Constitution continue in force on and after the commencement of this Constitution, or any Part thereof, with such modifications as may be made therein by any Order made under this Article or by any other written law.
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.
In this Article, “existing instruments” means Acts, rules, regulations, by-laws, proclamations, orders, licences, permits and other instruments having the force of law, or issued in pursuance of statutory powers, and in force in Brunei Darussalam at the date of the Order by which they are affected.
An Order made under this Article may be amended or revoked by a further Order and may be given a retrospective effect to a date not earlier than the date of the publication in the Gazette of this Constitution.

81. Attorney General and his functions

There shall be an Attorney General who shall be appointed by His Majesty the Sultan and Yang Di-Pertuan by notification published in the Gazette.
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.
The Attorney General shall have power exercisable at his discretion to institute, conduct or discontinue any proceedings for an offence other than—
1. proceedings before a Syariah Court, subject to the provisions of any written law to the contrary; or
2. proceedings before a Court Martial, subject to the provisions of any written law to the contrary.
In the exercise of this power, the Attorney General shall not be subject to the direction or control of any person or authority.
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.
The Attorney General shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure, but he may at any time resign his office.

82. Official language

The official language of Brunei Darussalam shall be the Malay language.
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.
In the case of any doubt, conflict or discrepancy between the Malay and the English texts of this Constitution, or anything printed or written in accordance with Clause (2), the Malay text shall prevail.

83. State of Emergency

Whenever it appears to His Majesty the Sultan and Yang Di-Pertuan that an occasion of emergency or public danger is imminent, exists or has arisen whereby the security or economic life of Brunei Darussalam, or any part thereof, is or may be threatened, whether by war or external aggression or internal disturbance, actual or threatened, he may by Proclamation (hereinafter referred to as a “Proclamation of Emergency”) declare a state of emergency either in the whole of Brunei Darussalam or in such part of Brunei Darussalam as may be specified in the Proclamation.
No Proclamation of Emergency shall be in force for more than 2 years, without prejudice, however, to the right of His Majesty the Sultan and Yang Di-Pertuan to issue another such Proclamation at or before the end of that period.
Notwithstanding Clause (2), His Majesty the Sultan and Yang Di-Pertuan may by another such Proclamation declare the cessation of a state of emergency in the whole of Brunei Darussalam or in such part of Brunei Darussalam as may be specified in the Proclamation before the end of 2 years.
When a Proclamation of Emergency has been made and so long as such Proclamation is in force, His Majesty the Sultan and Yang Di-Pertuan may make any Orders whatsoever which he considers desirable in the public interest; and may prescribe penalties which may be imposed for any offence against any such Order; and may provide for the trial by any court of persons charged with such offences.
Without prejudice to the generality of Clause (3), such Orders may be made with regard to any matters coming within the classes of subject hereinafter enumerated, that is to say—
1. censorship, the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication;
2. arrest, detention, exclusion and deportation;
3. control of the harbours, ports and territorial waters of Brunei Darussalam, and of the movements of vessels;
4. transportation by land, air or water and the control of the transport and movement of persons, animals and things;
5. trading, storage, exportation, importation, production and manufacture;
6. supply and distribution of food, water, fuel, light and other necessities;
7. appropriation, control, forfeiture and disposition of property and the use thereof;
8. conferring powers on public officers and others;
9. requiring persons to do work or render services;
10. constituting a special police force;
11. formation of tribunals and other bodies for the purpose of deciding any matters specified in any such Orders;
12. modification, amendment, supersession or suspension of all or any of the provisions of any written law;
13. entry into, and search of, premises or other places, and search and interrogation of persons;
14. prescribing fees or other payments; and
15. control, exploitation, use, disposition, appropriation or deployment of any natural resources.
Notwithstanding anything contained in Part VIII, His Majesty the Sultan and Yang Di-Pertuan may, by any such Order, make all such financial provisions as he thinks necessary during the period of the emergency, including provision for the public service, and for the payment of compensation for work required compulsorily to be undertaken, and for property compulsorily taken.
Any Order made under this Article shall, unless His Majesty the Sultan and Yang Di-Pertuan otherwise directs, come into force on the day on which it is made.
Every Order made under this Article shall, at the next meeting of the Legislative Council, be laid before that Council and that Council may resolve that any such Order shall, to the extent and as from such date as may be specified in such resolution, either cease to have effect (and any such cessation shall, if assented to by His Majesty the Sultan and Yang Di-Pertuan, have the same effect as the repeal of a written law) or be passed by that Council.
Such Orders or cessation of such Orders, as the case may be, shall be published in the Gazette as soon as circumstances permit.
Any Order made under this Article 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.
Every Order made in pursuance of this Article, and every instrument made in pursuance of any such Order, shall have effect notwithstanding anything inconsistent therewith contained in this Constitution or in any written law.

83A. Saving of Acts, Proclamations and Orders

It is hereby declared for the avoidance of doubt that every existing law including—
1. each and every Proclamation of Emergency declaring a state of emergency in Brunei Darussalam made under Article 83, commencing with the Proclamation of Emergency made on 12th December 1962 and thereafter every 2 years or thereabouts and ending with the Proclamation of Emergency made on the 16th day of Muharram 1425 Hijriah corresponding to the 8th day of March 2004; and
2. each and every Order, Instrument, Act, Enactment or other written law made under Article 83 during any such period of emergency,
shall be deemed to have been validly passed or made, to be fully effectual and to have had full force and effect from the date on which such Proclamation, Order, Instrument, Act, Enactment or other written law was declared or made even if such Proclamation, Order, Instrument, Act, Enactment or other written law was inconsistent with any provision of this Constitution; and the said Proclamation, Order, Instrument, Act, Enactment or other written law referred to in paragraphs (a) and (b) shall be deemed to have been duly laid before and passed by the Legislative Council in accordance with Clause (7) of Article 83.
At the expiration of a period of 6 months beginning with the date on which a Proclamation of Emergency made after the 16th day of Muharram 1425 Hijriah corresponding to the 8th day of March 2004 ceases to be in force, any Proclamation, Order, Instrument, Act, Enactment or other written law made under Article 83 during any such period of emergency and, to the extent that it could not have been validly made but for Article 83, any Proclamation, Order, Instrument, Act, Enactment or other written law made while the Proclamation was in force, shall cease to have effect except as to things done or omitted to be done before the expiration of that period.

84. Effect of Constitution on His Majesty’s Prerogatives

The Government shall be regulated in accordance with the provisions of this Constitution, and the form of the Government shall not be altered save in pursuance of the power conferred by Article 85.
Nothing in this Constitution shall be deemed to derogate from the prerogative powers and jurisdiction of His Majesty the Sultan and Yang Di-Pertuan and, for the avoidance of doubt, it is declared that His Majesty the Sultan and Yang Di-Pertuan retains the power to make laws and to proclaim a further Part or Parts of the law of this Constitution as to His Majesty the Sultan and Yang Di-Pertuan from time to time may seem expedient.

84A. Appointment to specified offices

No person shall be appointed to any office specified in the Third Schedule unless he is a citizen of Brunei Darussalam of the Malay race professing the Islamic Religion.
His Majesty the Sultan and Yang Di-Pertuan may by order published in the Gazette amend the Third Schedule.

84B. Immunity

His Majesty the Sultan and Yang Di-Pertuan can do no wrong in either his personal or any official capacity. His Majesty the Sultan and Yang Di-Pertuan shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him during or after his reign in either his personal or any official capacity.
Any person acting on behalf, or under the authority, of His Majesty the Sultan and Yang Di-Pertuan shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him in his official capacity:Provided that, subject to Article 84C, provision may be made by written law for the bringing of proceedings against the Government or any officer, servant or agent thereof, but not His Majesty the Sultan and Yang Di-Pertuan, in respect of wrongs committed in the course of carrying on the government of Brunei Darussalam.
Any such law as is referred to in the proviso to Clause (2) shall not be deemed to be an amendment to this Constitution.

84C. No judicial review

The remedy of judicial review is and shall not be available in Brunei Darussalam.
For the avoidance of doubt, there is and shall be no judicial review in any court of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion by His Majesty the Sultan and Yang Di-Pertuan, or any party acting on his behalf or under his authority or in the performance of any public function, under the provisions of this Constitution or any written law or otherwise, including any question relating to compliance with any procedural requirement governing such act or decision.
In this Article, “judicial review” means proceedings instituted by any manner whatsoever including, but not limited to, proceedings by way of—
1. an application for any of the prerogative orders of mandamus, prohibition and certiorari;
2. an application for a declaration or an injunction;
3. a writ of habeas corpus; and
4. any other suit or action relating to or arising out of any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion conferred on His Majesty the Sultan and Yang Di-Pertuan, or any party acting on his behalf or under his authority or in the performance of any public function, under the provisions of this Constitution or any written law or otherwise.
Save as provided in this Constitution, His Majesty the Sultan and Yang Di-Pertuan shall not be required to assign any reason for any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion under the provisions of this Constitution or any written law or otherwise.