Constitutional Matters II - Succession and Regency Proclamation, 1959 · Revised Edition · Part 2
8. Approval and confirmation of succession to the throne
Official textFrom Attorney General's Chambers, unchanged
(Repealed).
Whenever the throne is vacant owing to the death or abdication of His Majesty the Sultan and Yang Di-Pertuan, or by reason of an event declared by this Proclamation to have the same effect as the execution of a valid Instrument of Abdication, the President shall, by notice in writing to each Member stating the time and place of the meeting, forthwith convene the Council of Succession, and it shall be the duty of each Member, unless his absence is excused for any cause which the President may deem good and sufficient, to attend accordingly:
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;
Provided that, even if no notice has been issued under this subsection, it shall nevertheless be the duty of every Member of the Council of Succession who has been informed of the death or abdication of His Majesty the Sultan and Yang Di-Pertuan or other event as aforesaid to assemble forthwith at such place as the Privy Council may from time to time declare to be the appropriate meeting place on such an occasion; and, if, at the expiration of 48 hours after such death, abdication or other event as aforesaid, a meeting has not been lawfully convened under this subsection and a quorum of the
Council of Succession
“Council of Succession” means the Council of Succession appointed under subsection (1) of section 6;
Council of Succession is present at such place, the Council of Succession shall be deemed to have lawfully assembled and may proceed to appoint a temporary President from among the Members there present and to transact all such business as is mentioned in subsections (3) and (4).
At any such meeting, if a Successor has already been proclaimed or determined in accordance with subsection (2), (3) or (4) of section 3, then the Council of Succession shall not examine any other claim or make any inquiry required by subsection (4) and shall confirm the succession so proclaimed or declared.
Unless it has been resolved in terms of subsection (3), the
Council of Succession shall without delay proceed to examine and announce its decision on any claim to the throne without waiting to see whether the
Succession and Regency Proclamation 18
CONST. II claim of any Duli Yang Teramat Mulia Paduka Seri Pengiran Muda will be displaced by any prospective birth; and shall also make full and complete inquiry as to whether any person it accepts as the Heir has any such great and serious defect derogatory to the quality of a Sultan such as infirmity, blindness or dumbness, or has any such base quality on account of which he should not in accordance with the Hukum Syara’ be approved as Sultan, and, if in any case approval or confirmation is withheld, the Council of
Duli Yang Teramat Mulia Paduka Seri Pengiran Muda
“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;
Succession shall continue to proceed under the powers conferred by this subsection until an Heir has been ascertained who can lawfully succeed to the throne of Brunei Darussalam.
The Council of Succession shall, by Proclamation in the name of the lawful Successor proclaim his accession in the customary manner.
Terms defined in art 2
Council of Succession
Defined · art 2“Council of Succession” means the Council of Succession appointed under subsection (1) of section 6;
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 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;