Constitutional Matters I - Constitution of Brunei Darussalam · art 30

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30.
Disqualification for Members
No person shall be qualified to be a Member of the Legislative
Council who —
(a) is, due to his own act, under any acknowledgement of allegiance, obedience or loyalty to a power or state outside Brunei
Darussalam, or has voluntarily acquired the citizenship of or has exercised rights of citizenship in a foreign country, or has shown himself by act or speech to have the intent to be disloyal or disaffected towards His Majesty the Sultan and Yang Di-Pertuan;
(b) is a person declared to be of unsound mind under any law in force in Brunei Darussalam;
(c) has been sentenced by a court in Brunei Darussalam or elsewhere, to death, imprisonment or to a fine of $1,000 or more for any offence by whatever name called:

Constitution of Brunei Darussalam 30

Provided that this paragraph shall not apply to any person —
(i) until the time for lodging an appeal has lapsed or, if an appeal has been lodged, until such appeal has been dismissed or the appeal has been allowed and the sentence provided for under paragraph (c) has been set aside by the appellate court;
(ii) who has been sentenced to a fine as aforesaid which conviction is for an offence which does not involve any element of dishonesty, fraud or moral turpitude;
(iii) who has received a free pardon for that offence;
(iv) if 3 years or more have elapsed since the termination of his imprisonment or the imposition of the fine on him; or
(v) in respect of whom His Majesty the Sultan and Yang
Di-Pertuan has, after full consideration of the circumstances, directed that this paragraph shall not apply;
(d) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Brunei
Darussalam or elsewhere;
(e) is a murtad in accordance with the Hukum Syara’; or
(f)
is disqualified under any law relating to offences in connection with elections to the Legislative Council by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.

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art 30Disqualification for Members

No person shall be qualified to be a Member of the Legislative

Council who —

(a)

is, due to his own act, under any acknowledgement of allegiance, obedience or loyalty to a power or state outside Brunei

Darussalam, or has voluntarily acquired the citizenship of or has exercised rights of citizenship in a foreign country, or has shown himself by act or speech to have the intent to be disloyal or disaffected towards His Majesty the Sultan and Yang Di-Pertuan;

(b)

is a person declared to be of unsound mind under any law in force in Brunei Darussalam;

(c)

has been sentenced by a court in Brunei Darussalam or elsewhere, to death, imprisonment or to a fine of $1,000 or more for any offence by whatever name called:

Constitution of Brunei Darussalam 30

Provided that this paragraph shall not apply to any person —

(i)

until the time for lodging an appeal has lapsed or, if an appeal has been lodged, until such appeal has been dismissed or the appeal has been allowed and the sentence provided for under paragraph (c) has been set aside by the appellate court;

(ii)

who has been sentenced to a fine as aforesaid which conviction is for an offence which does not involve any element of dishonesty, fraud or moral turpitude;

(iii)

who has received a free pardon for that offence;

(iv)

if 3 years or more have elapsed since the termination of his imprisonment or the imposition of the fine on him; or

(v)

in respect of whom His Majesty the Sultan and Yang

Di-Pertuan has, after full consideration of the circumstances, directed that this paragraph shall not apply;

(d)

is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in Brunei

Darussalam or elsewhere;

(e)

is a murtad in accordance with the Hukum Syara’; or

(f)

is disqualified under any law relating to offences in connection with elections to the Legislative Council by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence.