Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 2
10. Right to the succession may be forfeited and privileges may cease in certain circumstances
Official textFrom Attorney General's Chambers, unchanged
If any Heir of the body of Al-Marhum Sultan Hashim
Sultan
“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
Jalilul-alam Akamuddin is convicted —
of any of the offences in sections 121, 121A, 122 and 123
of the Penal Code (Chapter 22);
of the offence created by subsection (3); or
Succession and Regency Proclamation 19
of an offence of a similar nature which His Majesty the
Sultan and Yang Di-Pertuan has by Order signified in the Gazette declared to be an offence to which this section applies, and such conviction is not set aside on appeal or revision, then, in addition to any punishment prescribed for the offence, he and his issue shall, unless
His Majesty the Sultan and Yang Di-Pertuan shall otherwise determine, forfeit any right whatsoever to succeed to the throne of Brunei Darussalam.
If subsection (1) is applicable to any person, then such rights and privileges as he or his issue may have received or been entitled to from
Brunei Darussalam, including any title, rank, dignity, decoration or precedence, and any claim to maintenance or other allowance, shall, unless
His Majesty the Sultan and Yang Di-Pertuan shall otherwise determine, cease and be at the disposal of Brunei Darussalam.
His Majesty the Sultan and Yang Di-Pertuan
“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
In this subsection, the expression “His Majesty the Sultan and Yang
His Majesty
“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
Di-Pertuan” includes a Council of Regency.
Council of Regency
“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13;
Whoever, being an Heir of the body of the Sultan mentioned in subsection (1), does, or conspires or attempts to do, any act or thing against any other lawful Heir of the body of the aforesaid Sultan, or incites or procures another to do any such act or thing, with intent that he or another may succeed to the throne of Brunei Darussalam or be in a better position to succeed thereto by reason by such act or thing or the effect thereof, shall be guilty of an offence: Penalty, death or imprisonment for 15 years, or a fine, or both such imprisonment and a fine.
Terms defined in art 2
Council of Regency
Defined · art 2“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13;
His Majesty the Sultan and Yang Di-Pertuan
Defined · art 2“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;
Sultan
Defined · art 2“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the Sultan and Yang Di-Pertuan’s Deputy;