Skip to content
bruneilawsby aturio
In force2022 Revised Edition
Contents

Part · General Provisions Regarding Acts and Other Written Laws

7A. Purposive interpretation of written law and use of extrinsic materials

(1)

In the interpretation of a provision of a written law, an interpretation that would promote the purpose or object underlying the written law (whether that purpose or object is expressly stated in the written law or not) shall be preferred to an interpretation that would not promote that purpose or object.

(2)

Subject to subsection (4), in the interpretation of a provision of a written law, if any material not forming part of the written law is capable of assisting in the ascertainment of the meaning of the provision, consideration may be given to that material —

(a)

to confirm that the meaning of the provision is the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law; or

(b)

to ascertain the meaning of the provision when —

(i)

the provision is ambiguous or obscure; or

(ii)

the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law leads to a result that is manifestly absurd or unreasonable.

Interpretation and General Clauses 24

(3)

Without limiting the generality of subsection (2), the material that may be considered in accordance with that subsection in the interpretation of a provision of a written law shall include —

(a)

all matters not forming part of the written law that are set out in the document containing the text of the written law as printed by the Government Printer;

(b)

any explanatory statement relating to the Bill containing the provision;

(c)

any official speech, remarks or address by His Majesty the

Sultan and Yang Di-Pertuan;

(d)

any relevant material in any official record of debates in

Legislative Council;

(e)

any treaty or other international agreement that is referred to in the written law; and

(f)

any document that is declared by the written law to be a relevant document for the purposes of this section.

(4)

In determining whether consideration should be given to any material in accordance with subsection (2), or in determining the weight to be given to any such material, regard shall be had, in addition to any other relevant matters, to —

(a)

the desirability of persons being able to rely on the ordinary meaning conveyed by the text of the provision taking into account its context in the written law and the purpose or object underlying the written law; and

(b)

the need to avoid prolonging legal or other proceedings without compensating advantage.

Report

Read on from s 8

Part

Subsidiary Legislation and Instruments

Read on from Part

Part

Powers and Appointments

Read on from Part

Part

Delegation of Powers

Read on from Part

Part

Penal Provisions

Read on from Part

Part

General

Read on from Part

Schedules