Article 83
State of Emergency
of Constitutional Matters I - Constitution of Brunei Darussalam
(1)
Whenever it appears to His Majesty the Sultan and Yang
Di-Pertuan that an occasion of emergency or public danger is imminent, exists or has arisen whereby the security or economic life of Brunei
Darussalam, or any part thereof, is or may be threatened, whether by war or external aggression or internal disturbance, actual or threatened, he may by
Proclamation (hereinafter referred to as a “Proclamation of Emergency”)
declare a state of emergency either in the whole of Brunei Darussalam or in such part of Brunei Darussalam as may be specified in the Proclamation.
(2)
No Proclamation of Emergency shall be in force for more than 2 years, without prejudice, however, to the right of His Majesty the
Sultan and Yang Di-Pertuan to issue another such Proclamation at or before the end of that period.
(2A)
Notwithstanding Clause (2), His Majesty the Sultan and Yang
Di-Pertuan may by another such Proclamation declare the cessation of a state of emergency in the whole of Brunei Darussalam or in such part of
Brunei Darussalam as may be specified in the Proclamation before the end of 2 years.
(3)
When a Proclamation of Emergency has been made and so long as such Proclamation is in force, His Majesty the Sultan and Yang
Di-Pertuan may make any Orders whatsoever which he considers desirable in the public interest; and may prescribe penalties which may be imposed for any offence against any such Order; and may provide for the trial by any court of persons charged with such offences.
(4)
Without prejudice to the generality of Clause (3), such Orders may be made with regard to any matters coming within the classes of subject hereinafter enumerated, that is to say —
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(a)
censorship, the control and suppression of publications, writings, maps, plans, photographs, communications and means of communication;
(b)
arrest, detention, exclusion and deportation;
(c)
control of the harbours, ports and territorial waters of
Brunei Darussalam, and of the movements of vessels;
(d)
transportation by land, air or water and the control of the transport and movement of persons, animals and things;
(e)
trading, storage, exportation, importation, production and manufacture;
(f)
supply and distribution of food, water, fuel, light and other necessities;
(g)
appropriation, control, forfeiture and disposition of property and the use thereof;
(h)
conferring powers on public officers and others;
(i)
requiring persons to do work or render services;
(j)
constituting a special police force;
(k)
formation of tribunals and other bodies for the purpose of deciding any matters specified in any such Orders;
(l)
modification, amendment, supersession or suspension of all or any of the provisions of any written law;
(m)
entry into, and search of, premises or other places, and search and interrogation of persons;
(n)
prescribing fees or other payments; and
(o)
control, exploitation, use, disposition, appropriation or deployment of any natural resources.
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(5)
Notwithstanding anything contained in Part 8, His Majesty the
Sultan and Yang Di-Pertuan may, by any such Order, make all such financial provisions as he thinks necessary during the period of the emergency, including provision for the public service, and for the payment of compensation for work required compulsorily to be undertaken, and for property compulsorily taken.
(6)
Any Order made under this Article shall, unless His Majesty the
Sultan and Yang Di-Pertuan otherwise directs, come into force on the day on which it is made.
(7)
Every Order made under this Article shall, at the next meeting of the Legislative Council, be laid before that Council and that Council may resolve that any such Order shall, to the extent and as from such date as may be specified in such resolution, either cease to have effect (and any such cessation shall, if assented to by His Majesty the Sultan and Yang
Di-Pertuan, have the same effect as the repeal of a written law) or be passed by that Council.
(8)
Such Orders or cessation of such Orders, as the case may be, shall be published in the Gazette as soon as circumstances permit.
(9)
Any Order made under this Article shall, if the Proclamation of
Emergency specified only part of Brunei Darussalam, have effect only in such part:
Provided that if, while a Proclamation of Emergency is in force in any part of Brunei Darussalam, another Proclamation of Emergency is made in respect of any other part of Brunei Darussalam, any Order already made and still in force when the last Proclamation comes into operation shall, forthwith, have effect in the part of Brunei Darussalam specified in the last
Proclamation.
(10)
Every Order made in pursuance of this Article, and every instrument made in pursuance of any such Order, shall have effect notwithstanding anything inconsistent therewith contained in this
Constitution or in any written law.
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