Brunei Constitution (Section B)

Question 1

Describe the procedure for the amendment of the Constitution.

Answer 1

[Part XII, Article 85]

The procedure for the amendment of the Constitution is provided for in Article 85.

(1) The Constitution can only be amended by Proclamation of HM alone.
(2) HM shall consult with the Privy Council in the exercise of the power to amend the Constitution, but he is not bound to act in accordance with the Council’s advice.

Question 2

State the functions of the Attorney General?

Answer 2

[Part VIII, Article 81]

(2) Advises on all legal matters connected with the affairs of Brunei Darussalam referred to him by HM or the Government.
(3) Has power exercisable at his discretion to institute, conduct or discontinue any proceedings for an offence except those before:
(a) a Syariah Court; or
(b) a Court Martial,

subject to provisions of any written law to the contrary.

(4) In the exercise of this power, the Attorney General shall not be subject to the direction or control of any person or authority.
* Extra Information:*
* (1) There shall be an Attorney General who shall be appointed by HM by notification published in the Gazette.*
* (5) Has the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in Brunei Darussalam.*
* (6) Holds office during HM’s pleasure, but may at any time resign.*

Question 3

What are the powers and duties of the Auditor General?

Answer 3

[Part VIII, Article 66-69]

The Auditor General is appointed by HM pursuant to Part VIII, Article 66 (1).

His powers and duties are to:

1) Audit and report on accounts of Brunei Darussalam.
2) Perform other duties and exercise powers on the accounts of Brunei Darussalam and other public authorities and bodies administrating public funds as provided by written law.

He is entitled access to all books, records, returns and reports, except Muslim revenues and funds.

He shall submit his reports to HM who may cause the reports to be laid before the Legislative Council.

Question 4

What are the Councils established under the Constitution of Brunei Darussalam?

Answer 4

There are 4:

1) Adat Istiadat Council [Article 3A]
2) Privy Council [Article 5]
3) Council of Ministers [Article 10]
4) Legislative Council [Article 23]

[always pick mocha latte]

The Religious Council is mentioned but is established by the Religious Council and Kadi Courts, Chapter 77.

Question 5

Describe the role and functions of the Interpretation Tribunal.

Answer 5

[Part XII, Article 86]

To address any questions on meaning, interpretation, purpose, construction, ambit or effects of any provisions in the Constitution.

86. (1) HM may refer 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 this Constitution to the Interpretation Tribunal for its determination.
    (4) Decision of the IT is the majority decision of the members; and shall be in writing and published in the Gazette, and may be proved by production of the Gazette.
    (6) The determination of the Interpretation Tribunal shall be binding and conclusive upon all persons, and shall not be called in question in or be subject to any review by or appeal to any court.
    (2) When any such question arises in any legal proceedings before any court, HM may direct that court to refer such question to the Interpretation Tribunal or that court shall refer such question to HM, with a submission that HM should refer that question to the Interpretation Tribunal, and upon receiving such reference HM may refer such question to the Interpretation Tribunal:

Provided that the court shall not refer such question which has already been decided by the Interpretation Tribunal.

(3) If HM does not refer such question to the Interpretation Tribunal, he shall cause the court to be so informed, and the court shall proceed with the determination of the legal proceedings.
(5) In the case of a reference made by HM to the Interpretation Tribunal pursuant to a reference under Clause (2), HM shall cause the determination of the Interpretation Tribunal to be communicated to the court and, in such case, that court may make such provision as may be just as to the costs of, and incurred by, such reference.
(8) HM may from time to time make, amend or revoke rules relating to the procedure to be followed in referring or determining questions under this Article, and may make arrangements as to the remuneration to be paid to members of the Interpretation Tribunal, which remuneration shall be charged on the Consolidated Fund.

Question 6

Describe the membership of the Interpretation Tribunal.

Answer 6

[PART XII, Article 86]

There are 3 members of the Interpretation Tribunal:

(1) A Chairman, who shall be a person who holds or has held a high judicial office or has engaged in legal practice for at least 20 years in any country.
(2) A person who has engaged in legal practice for at least 10 years in any country.
(3) A person from any country who professes the Islamic religion who holds or has held office in Islamic law in any country or is an expert in Islamic law and jurisprudence.

Appointments shall be made by HM by Instrument under the State Seal and members hold office during HM’s pleasure.

Question 7

State the composition of the members of the Legislative Council

Answer 7

[Part VI , Article 24 and Second Schedule]

There are up to 45 members of the Legislative Council.

(1) 30 are appointed by HM:

(a) ex-officio members, which consists of the Prime Minister and the Ministers appointed under Article 4 (3)
(b) titled persons
(c) persons who have rendered distinguished public service or those who are deemed capable of contributing to the deliberations of the Legislative Council
(d) persons who have achieved distinction in the field of religion, management, any profession, trade, agriculture, cultural arts or community activities OR who are representative of a particular community

[30 elephants trample poacher’s feet]

(2) Up to 15 district representatives, elected according to the laws governing election of district representatives in Brunei Darussalam. If these laws are not in force, the election is governed by the Second Schedule (para 5 and 6). The district breakdown is as follows:

• up to 7 from Brunei Muara
• up to 3 from Belait
• up to 3 from Tutong
• up to 2 from Temburong

[7332]

Question 8

Explain the circumstances in which members of the Legislative Council may be disqualified.

Answer 8

[Part VI, Article 30]

[London Underground Slowly Becomes Minion Operation]

There 6 circumstances:

(1) Allegiance, obedience or loyalty to a power or state outside of Brunei Darussalam OR voluntarily obtained citizenship or exercised citizenship rights of a foreign country OR show intent to be disloyal towards His Majesty
(2) Declared of unsound mind
(3) Sentenced in court to death, imprisonment or a fine of $1000 or higher for any offence
(4) Undischarged bankrupt
(5) Murtad
(6) Disqualified due to offences in connection to laws related to elections to the Legislative Council

Question 9

Describe the status of the Malay language under the Constitution, including the status in respect of written law.

Answer 9

[Part XI, Article 82]

(1) The Malay language is the official language of Brunei Darussalam.
(2) English versions of anything that is required to be printed by the constitution, written law or standing orders shall also be provided and also be accepted as authentic text along with the Malay version.
(3) But in cases there are is a discrepancy between the Malay and English versions, the Malay version shall prevail.

Question 10

State the official religion of Brunei Darussalam, including the status in respect of other religions.

Answer 10

[Part II, Section 3]

(1) The official religion of Brunei Darussalam shall be the Islamic Religion: Provided that all other religions may be practised in peace and harmony by the persons professing them.
(2) The Head of the official religion of Brunei Darussalam shall be HM.
(3) The Religious Council shall be the authority responsible for advising HM on all matters relating to the Islamic Religion.
(4) HM may make laws in respect of matters relating to the Islamic Religion after consultation with the Religious Council, but not necessarily in accordance with its advice.

Question 11

State the powers of the Minister of Finance and Economy in respect of
public moneys, revenue and stores of Brunei Darussalam as provided in the Constitution (Financial Procedure) Order.

Answer 11

[Part III, Section 5 & 15]

Powers of Minister.

5. The Minister shall, subject to the instructions of HM, have the management of the Consolidated Fund and the supervision, control and direction of all matters relating to the financial affairs of Brunei Darussalam which are not assigned to any other officer by any written law.

Write-off.

15. The Minister, with the approval of HM, shall, in respect of public moneys, revenue and stores of Brunei Darussalam, have power
    (a) to write off losses or deficiencies of public moneys and the value of lost, deficient, condemned, unserviceable or obsolete stores; and
    (b) to abandon any claim to irrecoverable amounts of revenue, debts and overpayments.

In this section, the expression “Minister” includes the Deputy Minister of Finance.

*public moneys” means all revenue, loan, trust and other moneys and all bonds, debentures and other securities whatsoever raised or received by or on account of Brunei Darussalam, including cession moneys known as tulin and kuripan paid by the Governments of Sarawak and North Borneo to Brunei Darussalam, but does not include Zakat, Fitrah or similar Muslim revenues and funds

Question 12

Describe the composition and membership of the Privy Council.

Answer 12

[Part IV, Article 5(2)]

There are 4 main groups of members:

• [DR8O]*
  (a) Deputy Sultan, if appointed
  (b) Regents, if Council of Regency has been appointed
  (c) 8 ex-officio members:

i) Kepala Wazir
ii) Wazirs
iii) Members of Council of Ministers
iv) Mufti Kerajaan
v) Chief Syar’ie Judge
vi) Attorney General
vii) Yang Di-Pertua Adat Istiadat
viii) Other officeholders as designated by HM in Gazette.

(d) Other persons appointed by HM by instrument under the State Seal [styled ‘Appointed Members’]

Question 13

What are the functions of the Privy Council?

Answer 13

[Part IV, Article 6]

There are 3:

1) Advise HM on amendments to the Constitution of Brunei Darussalam
2) Advise HM on the appointment to Malay customary ranks, titles, honours and dignities and the functions that pertain to them.
3) Any function conferred by the Succession and Regency Proclamation, 1959, other written laws or HM.

Related to function 3, pursuant to the Constitution of Brunei Darussalam (Suspension) Order, the Privy Council has the function to advise HM on the exercise of his powers under Article 9 (1) on Prerogative of Mercy.

[awesome AF+]

Question 14

State the roles and membership of the Public Service Commission and the tenure of office of its members.

Answer 14

[Part IX, Article 71 &74]

The role of the Public Service Commission is to consult and provide recommendations to HM in the exercise of HM’s powers in appointing, transferring, dismissing, promoting and disciplining public officers. [awesome daddy daycare toilet paper]

Members of the Public Service Commission are a Chairman and any such number of members, including a Deputy Chairman, as appointed by HM.

Members hold office at the pleasure of HM and unless they resign or are removed, shall hold office for 3 years from the date of appointment and may be reappointed.

Question 15

State the tenure of office in the public service of the government.

Answer 15

[Part IX, Section 70]

Every person holding office in the public service of the Government shall hold office during HM’s pleasure, unless otherwise provided in this Constitution.

Tenure of office in public service.
70. Save as otherwise provided in this Constitution, every person holding office in the public service of the Government shall hold office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.

Question 16

State the Article relating to:

Privy Council Establishment and Function

Answer 16

Part IV, Privy Council

Article 5 & 6

Question 17

State the Article relating to:

Official Religion

Answer 17

Part II, Religion and Adat Istiadat

Article 3

Question 18

State the Article relating to:

Public Service Commission

Answer 18

Part IX, Public Service

Article 71

Question 19

State the Article relating to:

Tenure of office in public service

Answer 19

Part IX, Public Service

Article 70

Question 20

State the Article relating to:

Attorney General and his functions

Answer 20

Part XI, Miscellaneous

Article 81

Question 21

State the Article relating to:

Official language

Answer 21

Part XI, Miscellaneous

Article 82

Question 22

State the Article relating to:

Amendment of Constitution

Answer 22

Part XII, Amendment and Interpretation of Constitution

Article 85

Question 23

State the Article relating to:

Interpretation Tribunal

Answer 23

Part XII, Amendment and Interpretation of Constitution

Article 86

Question 24

State the Articles relating to:

Auditor General

Answer 24

Part VIII, Finance

Article 66

Question 25

State the Article relating to:

Powers and duties of Auditor General

Answer 25

Part VIII, Finance

Article 67

Question 26

State the Article relating to:

Reports of Auditor General

Answer 26

Part VIII, Finance

Article 68

Question 27

State the Article relating to:

Exclusion of Muslim revenues and funds

Answer 27

Part VIII, Finance

Article 69

Question 28

State the composition and tenure of the Council of Succession.

Answer 28

Council of Succession

6. (1) There is hereby established the Majlis Mesyuarat Mengangkat Raja Brunei, to be styled in English as the Council of Succession.
   (2) The Council of Succession shall consist of –
   (a) such Malay Members of the Council of Ministers professing the Islamic Religion, save where His Majesty the Sultan and Yang Di-Pertuan otherwise decides, as may be appointed by His Majesty the Sultan and Yang Di-Pertuan;
   (b) any person who holds the dignitary or office of Cheteria or any Pehin Manteri appointed by His Majesty the Sultan and Yang Di-Pertuan;
   (c) Ex-Officio Members, namely the Mufti Kerajaan and Chief Syar’ie Judge;
   (d) any Malay Member of the Religious Council professing the Islamic Religion and has expertise in Hukum Syara’ appointed by His Majesty the Sultan and Yang Di-Pertuan;
   (e) persons of the Malay race professing the Islamic Religion as are appointed by His Majesty the Sultan and Yang Di-Pertuan.
   (3) No person of the blood of the Sultans of Brunei Darussalam shall be a Member of the Council of Succession.
   (4) Every Member of the Council of Succession shall hold his office during His Majesty the Sultan and Yang Di-Pertuan’s pleasure.
   (5) Save where His Majesty the Sultan and Yang Di-Pertuan otherwise decides, the President of the Council of Succession shall consist of a Member of the Council of Succession appointed under subsection (2)(b) and the Vice-President shall consist of a Member of the Council of Succession who has expertise in Hukum Syara’ and, in the absence or inability or unwillingness to act of the President, the Vice-President shall discharge the function of the President under this Proclamation or otherwise.
   (6) If, during the Interim Period, there is for any reason no President or Vice-President of the Council of Succession, or in the absence or inability or unwillingness to act of the President or the Vice-President of the Council of Succession, as the case may be, the most senior Member of the Council of Succession present shall be the President and the second most senior among the Members of the Council of Succession present shall be the Vice-President.

Question 29

Describe the composition, tenure and functions of the Council of Ministers.

Answer 29

Composition

11. The Council of Ministers shall consist of the Prime Minister and the Ministers appointed under Clause (3) of Article 4.

Tenure

12. Subject to this Constitution, every Minister shall hold his seat in the Council of Ministers during HM’s pleasure.

Function

5, The Council of Ministers shall assist and advise HM in the discharge of HM’s executive authority.

18. (1) In the exercise of his powers and the performance of his duties, HM shall consult with the Council of Ministers.
    (2) However, this does not apply to HM’s power or duties, if the law requires HM to consult with some authority other than the Council of Ministers or does not require consultation with any authority.
    (3) Also, HM shall not be obliged to consult the Council of Ministers in cases –
    (a) which in his judgment, Brunei Darussalam may sustain material prejudice by consulting the Council of Ministers;
    (b) which in his judgment the matters are too unimportant; or
    (c) which in his judgment the matters are too urgent to admit of the advice of the Council of Ministers:

In every case falling within paragraph (c), HM shall, inform the Council of Ministers of the measures which he has adopted with the reasons for them as soon as practicable.

Question 30

Describe the right of succession to the throne of Brunei Darussalam.

Answer 30

[Part II, Section 3]

His Majesty and succession to the Sultanate.

3. (1) It is hereby declared that His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien is the lawful Sultan and Yang Di-Pertuan of Brunei Darussalam.
   (2) It is hereby declared that Duli Yang Teramat Mulia Paduka Seri Pengiran Muda Mahkota Pengiran Muda Haji Al-Muhtadee Billah ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah is the lawful Successor to the throne of Brunei Darussalam:

Provided that His Majesty the Sultan and Yang Di-Pertuan may from time to time, by Proclamation published in the Gazette, proclaim another person to be the only lawful Successor to the throne of Brunei Darussalam; the person whose right to succeed has been revoked by the later Proclamation shall forthwith cease to be entitled to the title of Duli Yang Teramat Mulia Paduka Seri Pengiran Muda Mahkota and the title shall forthwith pass to such person so proclaimed in the later Proclamation.

(3) It is hereby declared that upon Duli Yang Teramat Mulia Paduka Seri Pengiran Muda Mahkota Pengiran Muda Haji Al-Muhtadee Billah ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ascending or for any reason whatsoever being unable to ascend to the throne of Brunei Darussalam, his eldest lawful son shall be the lawful Successor to the throne of Brunei Darussalam, and thereafter, the right to succeed to the throne of Brunei Darussalam shall vest in the eldest lawful son of that and each subsequent lawful Successor.
(4) In the event that His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien ceases to occupy the throne of Brunei Darussalam, and Duli Yang Teramat Mulia Paduka Seri Pengiran Muda Mahkota Pengiran Muda Haji Al-Muhtadee Billah ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah for any reason whatsoever being unable to ascend to, or having ascended to ceasing to occupy, the throne of Brunei Darussalam without leaving a lawful Successor, the succession thereto is hereby vested –
(a) in the lawful Heirs of the body of His Majesty Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah ibni Al-Marhum Sultan Haji Omar ‘Ali Saifuddien Sa’adul Khairi Waddien in the following order –
(i) Duli Yang Teramat Mulia Paduka Seri Pengiran Muda Haji ‘Abdul Azim ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, and upon his ascending or for any reason whatsoever being unable to ascend to the throne of Brunei Darussalam, his eldest lawful son shall be the lawful Successor to the throne of Brunei Darussalam, and thereafter, the right to succeed to the throne of Brunei Darussalam shall vest in the eldest lawful son of that and each subsequent lawful Successor;
(ii) in the event that there is no lawful Successor under subsection 4(a)(i), Duli Yang Teramat Mulia Paduka Seri Pengiran Muda ‘Abdul Malik ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, and upon his ascending or for any reason whatsoever being unable to ascend to the throne of Brunei Darussalam, his eldest lawful son shall be the lawful Successor to the throne of Brunei Darussalam, and thereafter, the right to succeed to the throne of Brunei Darussalam shall vest in the eldest lawful son of that and each subsequent lawful Successor;
(iii) in the event that there is no lawful Successor under subsection 4(a)(in), Duli Yang Teramat Mulia Paduka Seri Pengiran Muda ‘Abdul Mateen ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, and upon his ascending or for any reason whatsoever being unable to ascend to the throne of Brunei Darussalam, his eldest lawful son shall be the lawful Successor to the throne of Brunei Darussalam, and thereafter, the right to succeed to the throne of Brunei Darussalam shall vest in the eldest lawful son of that and each subsequent lawful Successor;
(iv) in the event that there is no lawful Successor under subsection 4(a)(in), Duli Yang Teramat Mulia Paduka Seri Pengiran Muda ‘Abdul Wakeel ibni Kebawah Duli Yang Maha Mulia Paduka Seri Baginda Sultan Haji Hassanal Bolkiah Mu’izzaddin Waddaulah, and upon his ascending or for any reason whatsoever being unable to ascend to the throne of Brunei Darussalam, his eldest lawful son shall be the lawful Successor to the throne of Brunei Darussalam, and thereafter, the right to succeed to the throne of Brunei Darussalam shall vest in the eldest lawful son of that and each subsequent lawful Successor;

Question 31

Describe the circumstances in which a person can be surcharged?

Answer 31

[Part III, Section 16]

16. If it appears to HM, after consultation with the Public Service Commission and the Treasury, that any person who is or was in the employment of the Government of Brunei Darussalam –
    (a) has failed to collect any moneys owing to the Government for the collection of which he is or was responsible;
    (b) is or was responsible for any improper payment of public moneys of Brunei Darussalam or for any payment of such moneys which is not duly vouched; or
    (c) is or was responsible for any deficiency in, or for the destruction of, any public moneys, stamps, securities, stores or other property of the Government,

and if a satisfactory explanation is not, within a period specified by the Public Service Commission, furnished to that Commission with regard to such failure to collect, improper payment, payment not duly vouched, deficiency or destruction, HM may surcharge against that person a sum not exceeding the amount of any such amount not collected, payment, deficiency, or loss of the value of the property destroyed, as the case may be.

• Recovery of surcharge.*
  19. The amount of any surcharge made under section 16, and not withdrawn under section 18, shall be a debt due to the Government from the person against whom the surcharge is made, and such person may be sued and the surcharge recovered, in any court of competent jurisdiction at the suit of the Government; and the Minister may direct that the amount of any surcharge shall be recovered by equal monthly instalments, by deductions from the salary or pension of such person being sued, in amounts not exceeding one-fourth of the total monthly salary or pension, as the case may be, of such person being sued.