Supreme Court (Appeals to Privy Council) Act

This Act may be cited as the Supreme Court (Appeals to Privy Council)

Act.

In this Act —

“arrangements” means arrangements made (whether before or after the making of this Act) between the Government of Brunei

Darussalam and the Government of the United Kingdom of Great

Britain and Northern Ireland with respect to appeals from the

Supreme Court of Brunei Darussalam to His Majesty the Sultan and Yang Di-Pertuan and their reference by His Majesty the Sultan and Yang Di-Pertuan to the Judicial Committee of the Privy

Council;

“Supreme Court” means the Supreme Court for Brunei

Darussalam established under the Supreme Court Act (Chapter 5).

Pursuant to arrangements and subject to the provisions of this section and section 4, appeals shall lie from the Supreme Court to His Majesty the

Sultan and Yang Di-Pertuan and such appeals shall be referred by

His Majesty the Sultan and Yang Di-Pertuan to the Judicial Committee of the

Privy Council:

Provided that no such appeal shall lie from the Supreme Court or any other court in Brunei Darussalam or from the Interpretation Tribunal

Supreme Court

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established under Article 86 of the Constitution of Brunei Darussalam on any question involving, arising from, relating to, or in connection with, the meaning, interpretation, purpose, construction, ambit or effect of any of the provisions of the Constitution of Brunei Darussalam, the Succession and

Regency Proclamation, 1959 or such other matters as His Majesty the Sultan and Yang Di-Pertuan may specify by order published in the Gazette.

[S 45/2005]

An appeal under section 3 shall be subject to such conditions as to leave or otherwise as, in accordance with arrangements, may be prescribed from time to time by the law of Brunei Darussalam and by or under any enactment or Order in Council of the United Kingdom regulating the proceedings of the

Judicial Committee of the Privy Council in appeals from Brunei Darussalam.

On receiving from Her Majesty’s Government in the United Kingdom the report or the recommendations of the Judicial Committee of the Privy

Council in respect of an appeal under section 3, His Majesty the Sultan and

Yang Di-Pertuan shall make such order as may be necessary to give effect thereto.

Any appeal or application for leave to appeal made under or by virtue of section 14 of the Supreme Court Act (Chapter 5) and pending before this Act comes into force, shall be treated as an appeal or application for leave to appeal under this Act and shall be dealt with accordingly.

The Minister* may, with the approval of His Majesty the Sultan and

Yang Di-Pertuan, by order make such provisions as appears to him necessary or expedient for carrying out the provisions of this Act and without prejudice to the generality of the foregoing power such order may provide for the practice and procedure governing appeals and applications for leave to appeal from the Supreme Court to His Majesty the Sultan and Yang

Di-Pertuan and their reference to the Judicial Committee of the Privy

Council.

* Transferred to the Attorney General — [S 12/1999]

Supreme Court

(Appeals to Privy Council)

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(Chapter 5) for the better carrying into effect of this Act.