Constitutional Matters I - Constitution of Brunei Darussalam · art 42

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42.
Description of Bills, motions and petitions not to proceed without approval
(1) Except with the prior approval of His Majesty the Sultan and
Yang Di-Pertuan, a Member of the Legislative Council shall not introduce or propose, and the Legislative Council shall not proceed upon, any Bill, any amendment to any Bill, or any motion, petition or business which, in the opinion of His Majesty the Sultan and Yang Di-Pertuan, falls within any of the following classes —

Constitution of Brunei Darussalam 36
(a) any Bill, motion, petition or business relating to the issue of
Bank Notes or the establishment of any Bank Association or the amendment of the constitution thereof;
(b) any Bill, motion, petition or business which shall appear inconsistent with obligations imposed upon His Majesty the Sultan and Yang Di-Pertuan by Treaty or Agreement with another power or
State;
(c) any Bill, motion, petition or business relating to questions of defence or public security;
(d) any Bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the rights, position, discretion, powers, privileges, sovereignty or prerogatives of His Majesty the Sultan and Yang Di-Pertuan, his Successors,
His Consort or other members of the Royal Family;
(e) any Bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the standing or prominence of the National Philosophy of Melayu Islam
Beraja (known in English as Malay Islamic Monarchy);
(f) any Bill, motion, petition or business which would provide for or directly or indirectly affect the finances or currency of Brunei
Darussalam;
(g) any Bill, motion, petition or business which would provide for or directly or indirectly affect the compounding or remitting of any debt due to Brunei Darussalam;
(h) any Bill, motion, petition or business which would provide for or directly or indirectly affect the custody of the Consolidated
Fund, the charging of any money on the Consolidated Fund or the abolition of any such charge;
(i)
any Bill, motion, petition or business which would provide for or directly or indirectly affect the payment of moneys into the
Consolidated Fund or the payment, issue or withdrawal from the
Consolidated Fund of any moneys not charged thereon, or any alteration in any such payment, issue or withdrawal otherwise than by reducing it;

Constitution of Brunei Darussalam
(j) any Bill, motion, petition or business which would provide for or directly or indirectly affect the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys, or the audit of the accounts of Brunei Darussalam;
(k) any Bill, motion, petition or business which would provide for or directly or indirectly affect the borrowing of money, or the giving of any guarantee by Brunei Darussalam, or the amendment of the law relating to the financial obligations of Brunei Darussalam; or
(l) any Bill, motion, petition or business which would provide for or directly or indirectly affect the assignment of any tax or fee.
(2) A Bill, amendment to a Bill, or any motion, petition or business shall not be deemed to make provision for any of the matters specified in paragraphs (f) to (l) of Clause (1) by reason only that it provides —
(a) for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee, or a fee or charge for any service rendered; or
(b) for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.
(3) The approval of His Majesty the Sultan and Yang Di-Pertuan in relation to any Bill or amendment to any Bill, or any motion, petition or business, under Clause (1) may be expressed at any time before His Majesty the Sultan and Yang Di-Pertuan has assented thereto, and may, if given while the Legislative Council is sitting, be given in writing through any Minister.
(4) For the purpose of Clause (1), the Speaker, or Deputy Speaker in the absence of the Speaker, may at any time in his discretion, adjourn the
Legislative Council or suspend the sitting so as to obtain the advice of
His Majesty the Sultan and Yang Di-Pertuan on any Bill, amendment to any
Bill, or any motion, petition or business.

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art 42Description of Bills, motions and petitions not to proceed without approval

(1)

Except with the prior approval of His Majesty the Sultan and

Yang Di-Pertuan, a Member of the Legislative Council shall not introduce or propose, and the Legislative Council shall not proceed upon, any Bill, any amendment to any Bill, or any motion, petition or business which, in the opinion of His Majesty the Sultan and Yang Di-Pertuan, falls within any of the following classes —

Constitution of Brunei Darussalam 36

(a)

any Bill, motion, petition or business relating to the issue of

Bank Notes or the establishment of any Bank Association or the amendment of the constitution thereof;

(b)

any Bill, motion, petition or business which shall appear inconsistent with obligations imposed upon His Majesty the Sultan and Yang Di-Pertuan by Treaty or Agreement with another power or

State;

(c)

any Bill, motion, petition or business relating to questions of defence or public security;

(d)

any Bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the rights, position, discretion, powers, privileges, sovereignty or prerogatives of His Majesty the Sultan and Yang Di-Pertuan, his Successors,

His Consort or other members of the Royal Family;

(e)

any Bill, motion, petition or business that may have the effect of lowering or adversely affect directly or indirectly the standing or prominence of the National Philosophy of Melayu Islam

Beraja (known in English as Malay Islamic Monarchy);

(f)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the finances or currency of Brunei

Darussalam;

(g)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the compounding or remitting of any debt due to Brunei Darussalam;

(h)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the custody of the Consolidated

Fund, the charging of any money on the Consolidated Fund or the abolition of any such charge;

(i)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the payment of moneys into the

Consolidated Fund or the payment, issue or withdrawal from the

Consolidated Fund of any moneys not charged thereon, or any alteration in any such payment, issue or withdrawal otherwise than by reducing it;

Constitution of Brunei Darussalam

(j)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys, or the audit of the accounts of Brunei Darussalam;

(k)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the borrowing of money, or the giving of any guarantee by Brunei Darussalam, or the amendment of the law relating to the financial obligations of Brunei Darussalam; or

(l)

any Bill, motion, petition or business which would provide for or directly or indirectly affect the assignment of any tax or fee.

(2)

A Bill, amendment to a Bill, or any motion, petition or business shall not be deemed to make provision for any of the matters specified in paragraphs (f) to (l) of Clause (1) by reason only that it provides —

(a)

for the imposition or alteration of any fine or other pecuniary penalty or for the payment or demand of a licence fee, or a fee or charge for any service rendered; or

(b)

for the imposition, alteration or regulation of any tax or rate by any local authority or body for local purposes.

(3)

The approval of His Majesty the Sultan and Yang Di-Pertuan in relation to any Bill or amendment to any Bill, or any motion, petition or business, under Clause (1) may be expressed at any time before His Majesty the Sultan and Yang Di-Pertuan has assented thereto, and may, if given while the Legislative Council is sitting, be given in writing through any Minister.

(4)

For the purpose of Clause (1), the Speaker, or Deputy Speaker in the absence of the Speaker, may at any time in his discretion, adjourn the

Legislative Council or suspend the sitting so as to obtain the advice of

His Majesty the Sultan and Yang Di-Pertuan on any Bill, amendment to any

Bill, or any motion, petition or business.