Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 3
11. Council of Regency while His Majesty is under 18
Official textFrom Attorney General's Chambers, unchanged
It is hereby declared that if upon the death or occurrence of any other event by reason of which Duli Yang Teramat Mulia Paduka Seri
Pengiran Muda Mahkota Pengiran Muda Haji Al-Muhtadee Billah ibni
Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal
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;
Bolkiah Mu’izzaddin Waddaulah shall cease to occupy the throne of Brunei
Darussalam, and his eldest lawful son (hereinafter referred to as “the new
Successor”) is below the age of 18 years, the next eldest surviving son of
Succession and Regency Proclamation 20
His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien shall be the Regent and shall perform the State functions in the name and on behalf of the new Successor, until the new Successor attains the age of 18 years.
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;
If the next eldest surviving son of His Majesty Sultan Haji
Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji
Omar ‘Ali Saifuddien Sa’adul Khairi Waddien is upon his death or occurrence of any other event by reason of which he shall be unable to perform the State functions, then the next surviving son of His Majesty
State functions
“State functions” means the powers, authorities and privileges vested in His Majesty the Sultan and Yang Di-Pertuan by the Constitution, by any other written law or by virtue of His Majesty the Sultan and Yang Di-Pertuan’s prerogative;
Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum
Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien shall be the
Regent and shall perform the State functions in the name and on behalf of the new Successor, until the new Successor attains the age of 18 years.
Regent
“Regent” means a Regent duly appointed under subsection (1) of section 13 or referred to in section 11;
In the event that a son of His Majesty Sultan Haji Hassanal
Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali
Saifuddien Sa’adul Khairi Waddien other than Duli Yang Teramat Mulia
Paduka Seri Pengiran Muda Mahkota Pengiran Muda Haji Al-Muhtadee
Billah ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan
Haji Hassanal Bolkiah Mu’izzaddin Waddaulah succeeds to the throne of
Brunei Darussalam in accordance with paragraph (a) of subsection (4) of section 3, subsections (1) and (2) shall apply as if that son is referred to in subsection (1) in place of Duli Yang Teramat Mulia Paduka Seri Pengiran
Muda Mahkota Pengiran Muda Haji Al-Muhtadee Billah ibni Kebawah Duli
Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah
Mu’izzaddin Waddaulah.
If none of the surviving sons of His Majesty Sultan Haji
Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji
Omar ‘Ali Saifuddien Sa’adul Khairi Waddien shall be able to perform the
State functions, then the State functions shall be performed in the name and on behalf of the new Successor by a Jemaah Pemangku Raja, to be styled in
English as the Council of Regency, appointed by the Privy Council.
Council of Regency
“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13;
Subject to the preceding subsections, in all other cases where the
Sultan is at his accession, under the age of 18 years, then, until he attains that age, the State functions shall be performed in the name and on behalf of the
Sultan by the Council of Regency.
Succession and Regency Proclamation 21
For the purpose of any written law requiring any oath or declaration to be taken, made or subscribed by His Majesty the Sultan and
Yang Di-Pertuan on or after his accession, the date on which His Majesty the
Sultan and Yang Di-Pertuan attains the age of 18 years shall be deemed to be the date of his accession.
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;
Duli Yang Teramat Mulia Paduka Seri Pengiran Muda
Defined · art 2“Duli Yang Teramat Mulia Paduka Seri Pengiran Muda”, subject to section 3, means the person who, if His Majesty the Sultan and Yang Di-Pertuan were to die immediately, would have the best claim to succeed to the throne but whose claim might be displaced by the emergence of a person with a better claim;
His Majesty
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;
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;
Privy Council
Defined · art 2“Privy Council” means the Privy Council established by the Constitution;
Regent
Defined · art 2“Regent” means a Regent duly appointed under subsection (1) of section 13 or referred to in section 11;
State functions
Defined · art 2“State functions” means the powers, authorities and privileges vested in His Majesty the Sultan and Yang Di-Pertuan by the Constitution, by any other written law or by virtue of His Majesty the Sultan and Yang Di-Pertuan’s prerogative;
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;