Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 11
84B. Immunity
Official textFrom Attorney General's Chambers, unchanged
His Majesty the Sultan and Yang Di-Pertuan is inviolable and shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him during or after his reign in either his personal or official capacity. This immunity is absolute and shall not be set aside.
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;
Any person acting on behalf, or under the authority, of
His Majesty the Sultan and Yang Di-Pertuan shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him in his official capacity:
Constitution of Brunei Darussalam 58
Provided that, subject to Article 84C, provision may be made by written law for the bringing of proceedings against the Government or any officer, servant or agent thereof, but not His Majesty the Sultan and Yang
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
Di-Pertuan, in respect of wrongs committed in the course of carrying on the government of Brunei Darussalam.
Government
“Government” means the Government of His Majesty the Sultan and Yang Di-Pertuan;
Any such law as is referred to in the proviso to Clause (2) shall not be deemed to be an amendment to this Constitution.
Terms defined in art 2
Government
Defined · art 2“Government” means the Government of His Majesty the Sultan and Yang Di-Pertuan;
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;
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