Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 11
83. State of Emergency
Official textFrom Attorney General's Chambers, unchanged
Whenever it appears to His Majesty the Sultan and Yang
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;
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 —
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censorship, the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication;
arrest, detention, exclusion and deportation;
control of the harbours, ports and territorial waters of
Brunei Darussalam, and of the movements of vessels;
transportation by land, air or water and the control of the transport and movement of persons, animals and things;
trading, storage, exportation, importation, production and manufacture;
supply and distribution of food, water, fuel, light and other necessities;
appropriation, control, forfeiture and disposition of property and the use thereof;
conferring powers on public officers and others;
requiring persons to do work or render services;
constituting a special police force;
formation of tribunals and other bodies for the purpose of deciding any matters specified in any such Orders;
modification, amendment, supersession or suspension of all or any of the provisions of any written law;
entry into, and search of, premises or other places, and search and interrogation of persons;
prescribing fees or other payments; and
control, exploitation, use, disposition, appropriation or deployment of any natural resources.
Constitution of Brunei Darussalam
Notwithstanding anything contained in Part 8, 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
meeting
“meeting”, in relation to the Legislative Council, means all sittings of that Council held during a period beginning when that Council first meets after being summoned at any time and ending when that Council is next thereafter either adjourned sine die or prorogued or dissolved without having been prorogued;
Di-Pertuan, have the same effect as the repeal of a written law) or be passed by that Council.
written law
“written law” includes all Acts, Orders, Proclamations and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council or any Law which no authority in Brunei Darussalam is empowered to amend; Constitution of Brunei Darussalam
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
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;
Constitution or in any written law.
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Terms defined in art 2
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;
Legislative Council
Defined · art 2“Legislative Council” means the Legislative Council established by Article 23;
meeting
Defined · art 2“meeting”, in relation to the Legislative Council, means all sittings of that Council held during a period beginning when that Council first meets after being summoned at any time and ending when that Council is next thereafter either adjourned sine die or prorogued or dissolved without having been prorogued;
written law
Defined · art 2“written law” includes all Acts, Orders, Proclamations and subsidiary legislation, or any part thereof, but does not include any Act of Parliament of the United Kingdom or any Order of Her Britannic Majesty in Council or any Law which no authority in Brunei Darussalam is empowered to amend; Constitution of Brunei Darussalam