Act · As enacted · 2 parts
Supreme Court Act
Establishing a supreme court and hearing appeals from itIn plain English
Not legal adviceThe Supreme Court Act sets up a supreme court for Brunei Darussalam. It also provides for hearing appeals from that court.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Part
Preliminary
Official textFrom Attorney General's Chambers, unchanged
s 1Citation
This Act may be cited as the Supreme Court Act.
s 2Interpretation
In this Act —
“Court” means a Court established by this Act;
“Judge” means a Judge of the Supreme Court and includes the
Chief Justice, President of the Court of Appeal, Vice President of the
Court of Appeal and Judicial Commissioner of the Supreme Court;
[S 16/2023]
“Registrar” means the Chief Registrar, Deputy Chief Registrar,
Senior Registrar and Registrar of the Supreme Court;
“Rules of Court” means Rules of Court made under this Act and includes forms.
s 3Supreme Court
There shall be a Supreme Court in Brunei Darussalam with such jurisdiction as is conferred by this Act.
s 4Constitution of Supreme Court [S 16/2023]
The Supreme Court shall consist of the Chief Justice, the President, the Vice President, the Judges and the Judicial Commissioners of the
Supreme Court.
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s 5Seal
The Supreme Court shall have and use as occasion may require a seal of such nature and patent as the Chief Justice may, by notification published in the Gazette, prescribe.
s 5ALanguage of Supreme Court
All proceedings in the Supreme Court shall be in the English language:
Provided that the Court may in the interests of justice allow the giving of evidence by a witness in any other language.
The Supreme Court shall be a Court of Record and shall consist of —
the High Court which shall exercise original and appellate criminal and civil jurisdiction; and
the Court of Appeal which shall exercise appellate criminal and civil jurisdiction.
The Judges of the High Court shall be the Chief Justice and such number of Judges as may be prescribed by His Majesty the Sultan and
Yang Di-Pertuan in Council.
The criminal and civil jurisdiction of the Court of Appeal shall be exercised by three Judges of the Court of Appeal who shall consist of —
the Chief Justice who, by virtue of his office, shall be the
President of the Court of Appeal;
the Vice President of the Court of Appeal; and
such other Judges or Judicial Commissioners of the
Supreme Court.
In a sitting of the Court of Appeal —
the Chief Justice is to preside as the President of the
Court of Appeal;
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in the absence of the President, the Vice President of the
Court of Appeal shall preside;
in the absence of the President and Vice President, the
Chief Justice is to appoint a person to preside.
When a judgment in a proceeding in the Court of Appeal is delivered —
it is not necessary for any of the Judges of the
Court of Appeal before whom it was heard to be present in the
Court of Appeal to hand down the judgment;
the opinion of any of the Judges of the Court of Appeal may be reduced to writing and made public by any Judge of the
Court of Appeal;
the judgment of the Court of Appeal has the same effect as if each Judge of the Court of Appeal whose opinion is so made public had been present in the Court of Appeal;
the Court of Appeal may be constituted by one or more
Judges of the Court of Appeal.
The Judges shall be appointed by His Majesty the Sultan and
Yang Di-Pertuan by instrument under His Majesty Sign Manual and the
State Seal.
A person shall not be qualified for appointment as a
Judge unless —
he is, or has been, a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals from any such court; or
he is entitled to practice as an advocate in such a court and has been entitled for not less than 7 years to practice as an advocate or solicitor in such a court.
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Subject to the provisions of this section, a person holding the office of a Judge shall vacate that office on attaining the age of 65 years or such later time as His Majesty the Sultan and Yang Di-Pertuan may approve.
His Majesty the Sultan and Yang Di-Pertuan may remove a
Judge from office on the ground of his inability to properly perform the function of his office or of his misbehaviour.
(Repealed).
(Repealed).
The remuneration of the Judges shall be prescribed by
His Majesty the Sultan and Yang Di-Pertuan in Council and such remuneration shall be charged upon the Consolidated Fund.
Remuneration for the purposes of subsection (1) shall include any monies which may become payable in respect of the services of the
Judges under any agreement entered into by Brunei Darussalam for the provision of such Judges and of their services.
s 10Oath of office
A Judge shall not enter upon the duties of his office unless he has taken and subscribed the oath of office in such form as may be prescribed by
His Majesty the Sultan and Yang Di-Pertuan in Council.
His Majesty the Sultan and Yang Di-Pertuan may by instrument under His Majesty Sign Manual appoint a person qualified under section 7(2)
to be a Judicial Commissioner of the Supreme Court.
The terms of the appointment of any such Judicial
Commissioner shall be set out in his Instrument of Appointment and he shall hold office for such period as may be specified in that Instrument.
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For the duration of his appointment, the provisions of section 8
apply to a Judicial Commissioner appointed under this section as they apply in relation to a Judge.
The provisions of section 9 apply to the remuneration of such
Judicial Commissioner.
A Judicial Commissioner appointed under this section shall have power to act as a Judge and all things done by him in accordance with the terms of his appointment shall have the same validity and effect as if they had been done by a Judge and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a Judge.
Section 10 applies to a Judicial Commissioner appointed under this section.
s 12Rules of Court
Subject to the provisions of this Act, the Judges may, with the approval of His Majesty the Sultan and Yang Di-Pertuan,
make Rules of Court for regulating the practice and procedure of the
Supreme Court.
s 13Enabling power
His Majesty the Sultan and Yang Di-Pertuan in Council may by order make such provisions as may appear to him to be necessary or expedient —
for giving effect to the provisions of this Act;
for the purpose of bringing the provisions of any written law (other than the Constitution of Brunei Darussalam) into accord with the provisions of this Act or any other order made thereunder.
Subject to, and in accordance with, any Order in Council or any other law or rule for the time being in force relating to appeals from the
Court, an appeal in any civil case or matter shall, with the leave of the Court, lie from the Court to His Majesty the Sultan and Yang Di-Pertuan and shall be referred by His Majesty the Sultan and Yang Di-Pertuan to the
Judicial Committee of Her Britannic Majesty’s Privy Council.
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Notwithstanding any Order in Council or any other law or rule for the time being in force relating to appeal from the Court, no appeal in any criminal case or matter shall lie from the Court to His Majesty the Sultan and
Yang Di-Pertuan.
The Chief Justice may appoint such places as he thinks fit as
Court houses for the Supreme Court.
Any place in which the Supreme Court is held is deemed to be an open court to which the public generally may have access:
Provided that —
the Supreme Court shall have power to hear any proceedings or any part thereof in camera if the Court is satisfied that it is expedient in the interests of justice, public security or propriety or for other sufficient reason to do so;
the Supreme Court shall ordinarily exclude a witness until he has given evidence in proceedings where the Court is exercising a criminal jurisdiction.
The Supreme Court may at any time order that no person shall publish the name, address or photograph of any witness in any proceedings or any evidence or any other thing liable to lead to the identification of any such witness.
Any person who acts in contravention of any such order shall, notwithstanding any other written law, be liable to a fine not exceeding $5,000, imprisonment for a term not exceeding one year or both.
Whenever any party or the Supreme Court in any proceedings or any part thereof —
makes a reference, whether orally or in writing, directly or indirectly, to any act, decision, grant, revocation or suspension, or refusal or omission to do so, any exercise of or refusal or omission to exercise any power, authority or discretion by His Majesty the Sultan and Yang Di-Pertuan; or
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intends to refer to any issue or matter that may directly or indirectly pertain to or concern the inviolability, sanctity or interests of the position, dignity, standing, honour, eminence or sovereignty of
His Majesty the Sultan and Yang Di-Pertuan, the Supreme Court shall hold such proceedings or such part thereof in camera:
Provided that His Majesty the Sultan and Yang Di-Pertuan may issue a direction in writing to the Supreme Court that such proceedings or such part thereof not be heard in camera.
Without prejudice to His Majesty the Sultan and Yang
Di-Pertuan’s power in subsection (4), His Majesty the Sultan and
Yang Di-Pertuan may issue a direction in writing to the Supreme Court to hold the hearing of any proceedings or any part thereof in camera.
His Majesty the Sultan and Yang Di-Pertuan may issue a direction in writing to the Supreme Court to hold the hearing of any proceedings or any part thereof at such time and venue as His Majesty the
Sultan and Yang Di-Pertuan may determine.
Any direction issued by His Majesty the Sultan and Yang
Di-Pertuan under subsection (4), (5) or (6) shall not be called in question in or be subject to any judicial review by or appeal to any Court.
No person shall publish or reproduce in Brunei Darussalam or elsewhere any or any part of proceedings, including but not limited to any evidence, exhibit, judgment or document produced in any proceedings, that may have the effect of lowering or adversely affecting directly or indirectly the position, dignity, standing, honour, eminence or sovereignty of His Majesty the Sultan and Yang Di-Pertuan.
Any person who acts in contravention of this subsection is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding one year or both.
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Nothing in subsection (8) shall prevent any person from referring to or reproducing any or any part of such proceedings where —
such reference or reproduction is reasonably necessary or required in any court in Brunei Darussalam or elsewhere under the law applicable in that court for the purpose of enabling that person to pursue or defend any proceedings in that court, and the person seeking such reference or reproduction applies to that court, whether successfully or not, for an order that such reference or reproduction be made in camera in that court; or
such reference or reproduction (other than in any court in
Brunei Darussalam or elsewhere) is reasonably necessary to enable a party to any proceedings in Brunei Darussalam or elsewhere to prepare for or conduct those proceedings, or to enable a person to obtain legal advice in respect of any dispute or actual or contemplated proceedings:
Provided that that party takes all reasonable steps to ensure the confidentiality of the information or documents to be referred to or reproduced.
Notwithstanding any provision of this Act, the Supreme Court may conduct the hearing of any matter or proceedings through a live video link, live television link or any other electronic means of communication within or outside Brunei Darussalam with such directions, which may be of general or particular nature, as may be given by the Chief Justice.
Subsection (1) does not affect the operation of section 60A of the
Evidence Act (Chapter 108) and sections 236B, 236C, 236D and 236E of the
Criminal Procedure Code (Chapter 7).
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