Constitution (Administrative Appeals Rules) Order, 1959

This Order may be cited as the Consti-tution (Administrative Appeals Rules) Order, 1959, and shall come into force on the same day as Part V of the Constitution.

Notwithstanding anything in any other written law contained, wherever, in any written law, provision is made for an appeal to the Sultan in Council otherwise than by petition-

"applicant" means the person who initiates an appeal to the Sultan in Council;

"Clerk" means Clerk to the Executive

Council;

"Constitution'' means the Constitution of the State of Brunei, 1959;

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No appeal in certain cases.

Grounds of appeal.

Statement of grounds of appeal in writing.

Discretion of

Sultan in Council as to obtaining further information.

"respondent" means any public servant who is concerned in such an appeal and, where no such person is specified in any written law, means the head of any depart-ment which is concerned;

"written law" means a written law in which an appeal to the Sultan in Council is provided.

No appeal shall lie if proceedings have already been taken or initiated before the High

Court or a magistrate in respect of the matter of the appeal.

A person may appeal who-

is dissatisfied with the exercise of the discretion of any person to whom dis-cretionary power is given under a written law in respect of any act, matter or thing which is, by the written law, made sub-ject to the exercise of the discretion of such authority;

is dissatisfied with any action or decision of any such person, either as to the carrying out of or the meaning of any of the provisions of the written law; or

considers that any of the provisions _of the written law are, owing to special conditions, undesirable.

The grounds of such appeal shall be con-cisely stated in writing in the Malay or English language, and shall be delivered to the Clerk for transmission to the Sultan in Council.

The Sultan in Council may-

require the respondent to give his reasons for the exercise of his discretion, or for the action or decision, as the case may be, and to supply any further informa-tion which the Sultan in Council may require, including the record of any proceeding or hearing held in pursuance of any such written law; and

make or cause to be made .such other inquiries as he may deem necessary or expedient.

The Clerk shall, upon the direction of the

Sultan in Council, give the applicant seven days'

notice of the hearing of the appeal, and shall at the same time furnish the applicant with a copy of this

Order.

The applicant may, if he so desires~ be present at the hearing of such appeal and be heard in its support either in person or by his representa-tive:

Provided that, if he elects to be heard by his representative, he shall not himself be heard except by special leave of the Sultan in Council.

It shall be lawful for the Sultan in Council to appoint a committee consisting of members of the Executive Council for the purpose of hearing any such appeal and of advising him as to the decision that should be made thereon:

Provided that the Sultan in Council shall not be bound to accept such advice.

If, in the opinion of the Sultan in

In such event, or if the appeal be dismissed, the applicant shall be informed of such order or such dismissal by the Clerk in writing within fourteen days of the determination of the appeal, or within such time and in such manner as the Sultan in Council shall otherwise specify.

( 1) In any appeal, the Sultan in Council may at any time, in his discretion, direct a case to be stated for the opinion of the Court of Appeal on any question of law involved in any appeal sub-mitted to him.

The terms of any such case shall be agreed upon by the parties concerned or, in the event of their failure to agree, shall be settled by the Court of Appeal.

The Court of Appeal shall hear and determine the question of law arising on any case stated as aforesaid, and shall remit the matter to 285

Any party to the appeal shall be entitled to be represented by an advocate or appear