Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 4
19. Abdication
Official textFrom Attorney General's Chambers, unchanged
His Majesty the Sultan and Yang Di-Pertuan may, at any time, by an Instrument of Abdication, declare his irrevocable intention to abdicate.
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;
Upon the execution by 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 of the Instrument of Abdication in the manner specified in subsection (3), His Majesty the Sultan and Yang Di-Pertuan shall cease to be the Sultan and Yang Di-Pertuan of Brunei Darussalam and the throne of
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;
Brunei Darussalam shall become vacant.
An Instrument of Abdication executed in Brunei Darussalam shall not be accepted as valid if it has not been witnessed by at least 2 of the
Wazirs and at least 10 of the other illustrious personages of Brunei
Wazirs
“Wazirs” means the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar, the Pengiran Bendahara Seri Maharaja Permaisuara, the Pengiran Digadong Sahibul Mal, the Pengiran Pemancha Sahibul Rae’ Wal-Mashuarah and the Pengiran Temanggong Sahibul Bahar. Succession and Regency Proclamation 12
Darussalam:
Succession and Regency Proclamation 32
Provided that —
if any dispute arises as to the validity of any such
Instrument, the matter shall be referred to the Privy Council whose decision shall be final and shall not be open to review by, or appeal to, any court; and
in the case of an Instrument of Abdication executed elsewhere than in Brunei Darussalam, any Instrument which is executed and witnessed in such manner and by such persons as the
Privy Council shall, in all the circumstances of the case, consider acceptable, shall be valid.
Terms defined in art 2
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;
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;
Wazirs
Defined · art 2“Wazirs” means the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar, the Pengiran Bendahara Seri Maharaja Permaisuara, the Pengiran Digadong Sahibul Mal, the Pengiran Pemancha Sahibul Rae’ Wal-Mashuarah and the Pengiran Temanggong Sahibul Bahar. Succession and Regency Proclamation 12