PART VI. LEGISLATIVE COUNCIL
23. Establishment of Legislative Council
There shall be established a Legislative Council (to be known in Malay as Majlis Mesyuarat Negara), constituted in accordance with the provisions of this Part.
24. Composition and membership of Legislative Council
- The Second Schedule which concerns the composition and membership of the Legislative Council shall have effect.
- His Majesty the Sultan and Yang Di-Pertuan may by order published in the Gazette add to, revoke or amend the provisions of the Second Schedule.
25. Repealed
26. Repealed
27. Repealed
28. Repealed
29. Qualifications for Members
Subject to Article 30, any person (other than a Regent) who is a citizen of Brunei Darussalam and who has attained the age of 21 years shall be qualified to be a Member of the Legislative Council.
30. Disqualification for Members
No person shall be qualified to be a Member of the Legislative Council who—
- is, due to his own act, under any acknowledgement of allegiance, obedience or loyalty to a power or state outside Brunei Darussalam, or has voluntarily acquired the citizenship of or has exercised rights of citizenship in a foreign country, or has shown himself by act or speech to have the intent to be disloyal or disaffected towards His Majesty the Sultan and Yang Di-Pertuan;
- is a person declared to be of unsound mind under any law in force in Brunei Darussalam;
- has been sentenced by a court in Brunei Darussalam or elsewhere, to death, imprisonment or to a fine of $1,000 or more for any offence by whatever name called:Provided that this paragraph shall not apply to any person—
- until the time for lodging an appeal has lapsed or, if an appeal has been lodged, until such appeal has been dismissed or the appeal has been allowed and the sentence provided for under paragraph (c) has been set aside by the appellate court;
- who has been sentenced to a fine as aforesaid which conviction is for an offence which does not involve any element of dishonesty, fraud or moral turpitude;
- who has received a free pardon for that offence;
- if 3 years or more have elapsed since the termination of his imprisonment or the imposition of the fine on him; or
- 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;
- is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Brunei Darussalam or elsewhere;
- is a murtad in accordance with the Hukum Syara’; or
- is disqualified under any law relating to offences in connection with elections to the Legislative Council by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.
31. Tenure of office and vacation of seats
- Every Member of the Legislative Council shall hold his seat therein during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
- Every Member of the Legislative Council shall cease to be a Member when that Council is dissolved after he has been appointed or if his seat shall become vacant under this Constitution.
- The seat of a Member shall become vacant—
- if he shall be appointed as a Regent;
- if he shall, by writing under his hand addressed to the Clerk of the Legislative Council, resign his seat in the Legislative Council;
- if he, except in the case of an ex-officio Member, shall be absent from 2 consecutive meetings of the Legislative Council without having obtained from the Speaker, before the termination of either of such meetings, permission to be or to remain absent therefrom; or
- repealed;
- repealed;
- if any circumstances arise which, if he were not a Member of the Legislative Council, would cause him to be disqualified under Article 30.
- His Majesty the Sultan and Yang Di-Pertuan or the Legislative Council may, for such reason as may appear to His Majesty the Sultan and Yang Di-Pertuan or that Council to be good and sufficient, declare any Member of that Council to be incapable of discharging his functions as a Member of that Council, and thereupon, such Member shall not sit in or take part in the proceedings of that Council until he is declared by His Majesty the Sultan and Yang Di-Pertuan or that Council to be again capable of discharging his functions:Provided that where the Member is declared by His Majesty the Sultan and Yang Di-Pertuan to be incapable of discharging his functions, the Legislative Council shall not have the power to declare such Member to be again capable of discharging his functions without the prior approval of His Majesty the Sultan and Yang Di-Pertuan.
- His Majesty the Sultan and Yang Di-Pertuan or the Legislative Council may, for such reason as may appear to His Majesty the Sultan and Yang Di-Pertuan or that Council to be good and sufficient, suspend any Member, from the exercise of his functions and his rights and privileges, as a Member of that Council, and thereupon, such Member shall not sit in or take part in the proceedings of that Council until the suspension is ended by His Majesty the Sultan and Yang Di-Pertuan or that Council:Provided that where the Member is suspended by His Majesty the Sultan and Yang Di-Pertuan, the Legislative Council shall not have the power to end the suspension of such Member without the prior approval of His Majesty the Sultan and Yang Di-Pertuan.
- Any person vacating his seat as a Member of the Legislative Council may, if qualified, be again appointed as, or elected to be, a Member.
- Repealed.
- Repealed.
32. Decisions of questions as to membership of Legislative Council
His Majesty the Sultan and Yang Di-Pertuan shall have exclusive jurisdiction to determine any question on whether—
- any person has been validly disqualified to be a Member of the Legislative Council;
- any Member of the Legislative Council has been validly appointed or elected as a Member of, or dismissed from that Council;
- any Member of the Legislative Council has been validly declared to be incapable of discharging his functions or suspended from the Legislative Council; or
- any such Member of the Legislative Council has vacated his seat therein.
33. Temporary appointments
- Where for the time being—
- one of the Members is appointed to act as Regent;
- repealed;
- repealed;
- the seat of a Member is vacant otherwise than by reason of a dissolution of the Legislative Council;
- a Member is unable to sit in the Legislative Council in consequence of a declaration or suspension by His Majesty the Sultan and Yang Di-Pertuan or that Council, as provided in Clauses (4) or (5) of Article 31; or
- repealed;
- repealed;
- repealed;
- the seat of a Member shall become vacant for whatever reason,
His Majesty the Sultan and Yang Di-Pertuan may, by Instrument under the State Seal, appoint a person to be a Member for the period of such vacancy.
- Repealed.
- Every person so appointed shall, so long as his appointment shall subsist, for all intents and purposes be a Member of the Legislative Council, and Part VI shall apply to him accordingly.
- Repealed.
- For the purposes of this Article, any temporary appointment shall cease to have effect on notification by the Clerk to the Legislative Council to the person appointed of the revocation of the appointment, or on the supersession of the appointment by the definitive appointment of a person to fill the vacancy.
34. Attendance at Legislative Council of non-Members
- Whenever His Majesty the Sultan and Yang Di-Pertuan or the Speaker desires to obtain the advice of any person in Brunei Darussalam touching on any business about to be brought before the Legislative Council, His Majesty the Sultan and Yang Di-Pertuan or the Speaker, as the case may be, may summon any such person to attend that Council for such purpose.
- Any person so required may, with the permission of the Speaker and subject to Standing Orders, address that Council but, save as aforesaid, shall take no part in the proceedings thereof.
35. Repealed
36. Repealed
37. Speaker and Deputy Speaker
- His Majesty the Sultan and Yang Di-Pertuan may, by Instrument under the State Seal, appoint a Speaker of the Legislative Council either from among the Members of that Council or from among persons who are not Members thereof.
- His Majesty the Sultan and Yang Di-Pertuan may by Instrument under the State Seal appoint a Deputy Speaker of the Legislative Council from among the Members of that Council or from among persons who are not Members thereof.
- Any person appointed as Speaker or Deputy Speaker shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure and, subject thereto, for such period as may be specified in the Instrument by which he is appointed:Provided that the Speaker or Deputy Speaker may, by writing under his hand addressed to His Majesty the Sultan and Yang Di-Pertuan, resign his office and, in the case of a Speaker or Deputy Speaker appointed from among the Members of the Legislative Council, shall vacate his office if he ceases to be a Member of that Council.
38. Speaker or Deputy Speaker to attend and preside
The Speaker or the Deputy Speaker, as the case may be, shall so far as practicable, attend and preside at all meetings of the Legislative Council, and in their absence such Member of that Council as the Speaker or Deputy Speaker may, after consultation with His Majesty the Sultan and Yang Di-Pertuan, generally or specially appoint, shall preside.
