Brunei Darussalam 1959 Constitution (reviewed 2006)

PART VII. LEGISLATION AND PROCEDURE IN THE LEGISLATIVE COUNCIL

39. Power to make laws

His Majesty the Sultan and Yang Di-Pertuan shall have the power to make laws for the peace, order, security and good government of Brunei Darussalam.

40. Introduction of Bills

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 Repealed.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 Repealed.

41. Publication of Bills

1. Save in a case of urgency to be certified in writing by His Majesty the Sultan and Yang Di-Pertuan, every Bill shall be published in the Gazette.
2. Within 7 days of the publication of a Bill in the Gazette or of the date of any certificate under Clause (1), the Bill shall be laid on the table of the Legislative Council whether or not that Council is sitting.

42. Description of Bills, motions and petitions not to proceed without approval

1. Except with the prior approval of His Majesty the Sultan and Yang Di-Pertuan, a Member of the Legislative Council shall not introduce or propose, and the Legislative Council shall not proceed upon, any Bill, any amendment to any Bill, or any motion, petition or business which, in the opinion of His Majesty the Sultan and Yang Di-Pertuan, falls within any of the following classes—
   1. any Bill, motion, petition or business relating to the issue of Bank Notes or the establishment of any Bank Association or the amendment of the constitution thereof;
   2. any Bill, motion, petition or business which shall appear inconsistent with obligations imposed upon His Majesty the Sultan and Yang Di-Pertuan by Treaty or Agreement with another power or State;
   3. any Bill, motion, petition or business relating to questions of defence or public security;
   4. any Bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the rights, position, discretion, powers, privileges, sovereignty or prerogatives of His Majesty the Sultan and Yang Di-Pertuan, his Successors, His Consort or other members of the Royal Family;
   5. any Bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the standing or prominence of the National Philosophy of Melayu Islam Beraja (known in English as Malay Islamic Monarchy);
   6. any Bill, motion, petition or business which would provide for or directly or indirectly affect the finances or currency of Brunei Darussalam;
   7. any Bill, motion, petition or business which would provide for or directly or indirectly affect the compounding or remitting of any debt due to Brunei Darussalam;
   8. any Bill, motion, petition or business which would provide for or directly or indirectly affect the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition of any such charge;
   9. any Bill, motion, petition or business which would provide for or directly or indirectly affect 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;
   10. any Bill, motion, petition or business which would provide for or directly or indirectly affect 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;
   11. any Bill, motion, petition or business which would provide for or directly or indirectly affect 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
   12. any Bill, motion, petition or business which would provide for or directly or indirectly affect the assignment of any tax or fee.
2. A Bill, amendment to a Bill, or any motion, petition or business shall not be deemed to make provision for any of the matters specified in paragraphs (f) to (l) of Clause (1) by reason only that it provides—
   1. for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee, or a fee or charge for any service rendered; or
   2. for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.
3. The approval of His Majesty the Sultan and Yang Di-Pertuan in relation to any Bill or amendment to any Bill, or any motion, petition or business, under Clause (1) 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 in writing through any Minister.
4. For the purpose of Clause (1), the Speaker, or Deputy Speaker in the absence of 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 on any Bill, amendment to any Bill, or any motion, petition or business.

43. Voting

1. Subject to Clauses (3), (4) and (5), 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 and, in his absence the Deputy Speaker, and in his absence, the Member presiding shall have an original vote and shall in addition, if upon any question for which the votes are equally divided, have and exercise a casting vote.
3. If, having debated a Bill, the Legislative Council resolves that the Bill shall be rejected (such resolution shall hereinafter be referred to as a “negative resolution”) then Clause (4) shall apply.
4. If the Legislative Council passes a negative resolution, the Speaker shall, within 14 days of the passing of that resolution, submit a report to His Majesty the Sultan and Yang Di-Pertuan giving a summary of the debate and the reasons for such resolution.
5. His Majesty the Sultan and Yang Di-Pertuan, having considered the report of the Speaker may, notwithstanding the negative resolution, declare that the Bill shall have effect as an Act either in the form in which it was introduced or with such amendments as His Majesty the Sultan and Yang Di-Pertuan shall think fit, from a date to be specified in the Gazette.

44. Vacancies and quorum

1. The Legislative Council shall not be disqualified from the transaction of business by reason of any vacancy among the Members, including any vacancy not filled when that 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 one-third of the 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 sitting shall be adjourned.
3. The calculation of one-third referred to in Clause (2) shall be in accordance with the Standing Orders.

45. Assent to Bills

1. When any Bill has been passed by the Legislative Council, such Bill shall only become law either in the form in which it was passed or with such amendments as His Majesty the Sultan and Yang Di-Pertuan shall think fit, if His Majesty the Sultan and Yang Di-Pertuan assents to, signs and seals the Bill with the State Seal.
2. In the event His Majesty the Sultan and Yang Di-Pertuan amends the Bill after it has been passed by the Legislative Council, His Majesty the Sultan and Yang Di-Pertuan shall not be required to refer the Bill back to the Legislative Council.
3. 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 either 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 it 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, or for any other reason whatsoever, that any Bill introduced, or any motion, petition or business proposed in the Legislative Council shall have effect, then, if that Council shall fail to pass that Bill or carry that motion, petition or business within such time and in such form or manner 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 the Standing Orders, declare that that Bill or motion, petition or business shall have effect as if it had been passed or carried by that 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 moved or proposed in that Council or in any committee thereof; and the Bill or motion or petition shall be deemed thereupon to have been so passed or carried; and the provisions of this Constitution, and, in particular, the provisions of Article 45, relating to assent to Bills shall have effect accordingly.
2. Any such declaration made by His Majesty the Sultan and Yang Di-Pertuan under Clause (1) together with the Bill, motion, petition or business so deemed to have been passed or carried shall be notified in the Gazette by the Speaker.
3. 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 Speaker shall notify such revocation in the Gazette; and from the date of such notification, any motion, petition or business which shall be deemed to have been carried by virtue of the declaration revoked shall cease to have effect; and such cessation shall have the same effect as the repeal of a written law.

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 dispatch of business, including the power to impose sanctions.
2. Repealed.
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 dispatch of the business of the Legislative Council.
4. No Standing Orders made by the Legislative Council and no amendments, suspension or revocation of the Standing Orders shall have effect unless approved by His Majesty the Sultan and Yang Di-Pertuan.

49. Oath to be taken by Members

Every Member of the Legislative Council shall, before entering upon the duties of his office and taking his seat, take or make and subscribe before the Speaker or Deputy Speaker or other Member presiding an oath or declaration in the form set out as Form IV in the First Schedule:

Provided that any person who, having previously been a Member of the Legislative Council, again becomes a Member of that Council within one month after the termination of his previous membership thereof may enter upon the duties of his office and take his seat without again taking or making and subscribing such oath or declaration.

50. Clerk to the Legislative Council

His Majesty the Sultan and Yang Di-Pertuan shall appoint some fit and proper person to be the Clerk to the Legislative Council, and who shall hold the office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure, and such person shall, before entering upon the duties of his office, take before the Speaker or other Member presiding an oath in the form set out as Form V in the First 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 of Legislative Council

1. Unless otherwise directed by His Majesty the Sultan and Yang Di-Pertuan, there shall be a session of the Legislative Council once at least in every year, so that a period of more than 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 and end at such time as His Majesty the Sultan and Yang Di-Pertuan may from time to time, by notice published in the Gazette, appoint.

53. Privileges of Members of Legislative Council

1. Subject to Clause (1A), every Member of the Legislative Council may express his opinion freely in the Legislative Council or any committee thereof, upon any matter which comes before it.
2. No Member of the Legislative Council shall speak or make any comments—
   1. directly or indirectly derogatory of the rights, status, position, powers, privileges, sovereignty or prerogatives of His Majesty the Sultan and Yang Di-Pertuan, his Successors, His Consort or other members of the Royal Family or the National Philosophy of Malay Islamic Monarchy; or
   2. which constitute an offence under the Sedition Act (Chapter 24).
3. The validity of any proceedings in the Legislative Council or any committee thereof shall not be questioned in or be subject to any review by any court.
4. Subject to Clause (1A), 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 Council or any committee thereof.
5. 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 His Majesty 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.