Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 4
5. Establishment of Privy Council
Official textFrom Attorney General's Chambers, unchanged
There shall be established a Privy Council (to be known in
Privy Council
“Privy Council” means the Privy Council established by Clause (1) of Article 5;
Malay as the Majlis Mesyuarat Di-Raja) constituted in accordance with the provisions of this Part.
The Privy Council, the Members of which shall be styled Privy
Councillors, shall consist of —
if such an appointment has been made, the Deputy Sultan;
the Regents, if a Council of Regency has been appointed;
ex-officio Members, namely the Kepala Wazir, the Wazirs,
Members of the Council of Ministers, Mufti Kerajaan, Chief Syar’ie
Judge, Attorney General, Yang Di-Pertua Adat Istiadat and the person who holds such other office as may from time to time be designated by His Majesty the Sultan and Yang Di-Pertuan by
Proclamation in the Gazette; and
such other persons (who shall be styled Appointed
Members) as His Majesty the Sultan and Yang Di-Pertuan may, by
Instrument under the State Seal, appoint.
Every Appointed Member of the Privy Council shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure and subject thereto for such period and upon such conditions as may be specified in the
His Majesty the Sultan and Yang Di-Pertuan
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan, irrespective of whether a declaration has been made and confirmed under section 12 of the Succession and Regency Proclamation, 1959 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions; (b) his lawful Successor listed in, referred to or comtemplated by subsections (2), (3) and (4) of section 3 of Constitution of Brunei Darussalam 14 CONST. I the Succession and Regency Proclamation, 1959 or a Regent or a Council of Regency appointed by virtue of or under section 11, 12, 13 or 17 of the Succession and Regency Proclamation, 1959 for the time being exercising State functions, in relation to any permitted or authorised act; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is permitted or authorised to act by His Majesty the Sultan and Yang Di-Pertuan, that Deputy in relation to that permitted or authorised act;
Instrument appointing him.
instrument
“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;
Every Member of the Privy Council shall, before entering upon the duties of his office, take or make and subscribe before His Majesty the
His Majesty
“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan, irrespective of whether a declaration has been made and confirmed under section 12 of the Succession and Regency Proclamation, 1959 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions; (b) his lawful Successor listed in, referred to or comtemplated by subsections (2), (3) and (4) of section 3 of Constitution of Brunei Darussalam 14 CONST. I the Succession and Regency Proclamation, 1959 or a Regent or a Council of Regency appointed by virtue of or under section 11, 12, 13 or 17 of the Succession and Regency Proclamation, 1959 for the time being exercising State functions, in relation to any permitted or authorised act; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is permitted or authorised to act by His Majesty the Sultan and Yang Di-Pertuan, that Deputy in relation to that permitted or authorised act;
Sultan and Yang Di-Pertuan, or, if a Council of Regency has been appointed, before the senior male Regent, or before such other person as His Majesty the Sultan and Yang Di-Pertuan or, as the case may be, the senior male
Council of Regency
“Council of Regency” means the Council of Regency appointed under the Succession and Regency Proclamation, 1959;
Regent may designate, an oath or declaration in the form set out as Form 1 in
Regent
“Regent” means a Regent duly appointed under or referred to in the Succession and Regency Proclamation, 1959;
Schedule 1.
Repealed.
Constitution of Brunei Darussalam
Terms defined in art 2
Attorney General
Defined · art 2“Attorney General” means the officer appointed under Clause (1) of Article 81;
Council of Ministers
Defined · art 2“Council of Ministers” means the Council of Ministers established by Article 10;
Council of Regency
Defined · art 2“Council of Regency” means the Council of Regency appointed under the Succession and Regency Proclamation, 1959;
Deputy Sultan
Defined · art 2“Deputy Sultan” means the person appointed by His Majesty the Sultan and Yang Di-Pertuan under section 17 of the Succession and Regency Proclamation, 1959;
His Majesty the Sultan and Yang Di-Pertuan
Defined · art 2“His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means — (a) a Sultan whose accession to the throne has been proclaimed whether or not he has been crowned as the Sultan and Yang Di-Pertuan, irrespective of whether a declaration has been made and confirmed under section 12 of the Succession and Regency Proclamation, 1959 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions; (b) his lawful Successor listed in, referred to or comtemplated by subsections (2), (3) and (4) of section 3 of Constitution of Brunei Darussalam 14 CONST. I the Succession and Regency Proclamation, 1959 or a Regent or a Council of Regency appointed by virtue of or under section 11, 12, 13 or 17 of the Succession and Regency Proclamation, 1959 for the time being exercising State functions, in relation to any permitted or authorised act; and (c) to the extent to which a Deputy to His Majesty the Sultan and Yang Di-Pertuan is permitted or authorised to act by His Majesty the Sultan and Yang Di-Pertuan, that Deputy in relation to that permitted or authorised act;
instrument
Defined · art 2“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;
Kepala Wazir
Defined · art 2“Kepala Wazir” means the noble and illustrious personage known as the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar;
Mufti Kerajaan
Defined · art 2“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; Constitution of Brunei Darussalam
Privy Council
Defined · art 2“Privy Council” means the Privy Council established by Clause (1) of Article 5;
Regent
Defined · art 2“Regent” means a Regent duly appointed under or referred to in the Succession and Regency Proclamation, 1959;
State Seal
Defined · art 2“State Seal” means the Seal of Brunei Darussalam referred to in Article 79;
Wazirs
Defined · art 2“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;
Yang Di-Pertua Adat Istiadat
Defined · art 2“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.