Constitutional Matters I - Constitution of Brunei Darussalam · Revised Edition · Part 12
86. Interpretation Tribunal
Official textFrom Attorney General's Chambers, unchanged
His Majesty the Sultan and Yang Di-Pertuan may refer any question involving, arising from, relating to, or in connection with, the meaning, interpretation, purpose, construction, ambit or effect of any of the provisions of this Constitution to the Interpretation Tribunal established in accordance with Clause (7) for its determination.
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;
Constitution of Brunei Darussalam 60
When any such question arises in any legal proceedings before any court, His Majesty the Sultan and Yang Di-Pertuan may direct that court to refer such question to the Interpretation Tribunal or that court shall refer such question to His Majesty the Sultan and Yang Di-Pertuan, with a submission that His Majesty the Sultan and Yang Di-Pertuan should refer that question to the Interpretation Tribunal, and upon receiving such reference His Majesty the Sultan and Yang Di-Pertuan may refer such question to the Interpretation Tribunal:
Provided that the court shall not refer such question which has already been decided by the Interpretation Tribunal.
If His Majesty the Sultan and Yang Di-Pertuan does not refer such question to the Interpretation Tribunal, he shall cause the court by whom the reference thereof was made to be so informed, and the court shall thereupon proceed with the determination of the legal proceedings before it.
The decision of a majority of the Interpretation Tribunal upon any question referred to it under this Article shall be deemed to be a decision of the Tribunal; and any decision of the Tribunal shall be in writing and shall be published in the Gazette, and may be proved by production of the Gazette.
In the case of a reference made by His Majesty the Sultan and
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;
Yang Di-Pertuan to the Interpretation Tribunal pursuant to a reference under
Clause (2), His Majesty the Sultan and Yang Di-Pertuan shall cause the determination of the Interpretation Tribunal to be communicated to the court by which the question has been referred and, in such case, that court may make such provision as may be just as to the costs of, and incurred by, such reference.
The determination of the Interpretation Tribunal in any question referred to it under this Article shall be binding and conclusive upon all persons, and shall not be called in question in or be subject to any review by or appeal to any court.
The Interpretation Tribunal shall consist of 3 members —
a Chairman who shall be a person who holds or has held high judicial office in any country, or has for at least 20 years been engaged in legal practice in any country;
one member who shall be a person who has for at least 10 years been engaged in legal practice in any country; and
Constitution of Brunei Darussalam
one member who shall be a person from any country who professes the Islamic Religion who holds or has held office in Islamic law or is an expert in Islamic law and jurisprudence.
The Chairman and other members shall be appointed by His Majesty the
Sultan and Yang Di-Pertuan by Instrument under the State Seal, and shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
His Majesty the Sultan and Yang Di-Pertuan may from time to time make, amend or revoke rules relating to the procedure to be followed in referring or determining questions under this Article, and may make arrangements as to the remuneration to be paid to members of the
Interpretation Tribunal, which remuneration shall be charged on the
Consolidated Fund.
The Interpretation Tribunal may depart from any of its previous decisions.
Terms defined in art 2
high judicial office
Defined · art 2“high judicial office” means the office of a Judge of the Supreme Court, or of a court having unlimited jurisdiction in civil or criminal matters, or of a court having jurisdiction in appeals from any such court;
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;
Islamic Religion
Defined · art 2“Islamic Religion” means the Islamic Religion according to the Shafeite sect of Ahlis Sunnah Waljamaah;
State Seal
Defined · art 2“State Seal” means the Seal of Brunei Darussalam referred to in Article 79;