Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 3
15. Guardianship etc. of His Majesty during Regency
Official textFrom Attorney General's Chambers, unchanged
When a Council of Regency has been appointed, unless the Privy
Council of Regency
“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13;
Council otherwise determines —
if His Majesty the Sultan and Yang Di-Pertuan is under the age of 18 years, and unmarried, his mother, if she is living, shall have the guardianship of his person;
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;
if His Majesty the Sultan and Yang Di-Pertuan, being married, is under the age of 18 years or has been declared under this
Proclamation to be incapable for the time being of performing the
State functions, the Consort of His Majesty the Sultan and Yang
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;
Di-Pertuan, if of the age of 18 or more, shall have the guardianship of the person of His Majesty the Sultan and Yang Di-Pertuan;
the Council of Regency shall, save in the cases aforesaid, have the guardianship of the person of His Majesty the Sultan and
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;
Yang Di-Pertuan; and the property of His Majesty the Sultan and
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;
Yang Di-Pertuan, save and except any private property which in accordance with the terms of any trust affecting it is to be administered by some other person, shall be administered by the
Council of Regency.
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
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;
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;