Article 17
His Majesty may appoint a Deputy to exercise State functions on his behalf
of Constitutional Matters II - Succession and Regency Proclamation, 1959
(1)
His Majesty the Sultan and Yang Di-Pertuan shall not absent himself from Brunei Darussalam for more than 7 days without appointing a
Council of Regency:
Provided that —
(a)
in cases where a Deputy may be lawfully appointed in accordance with this section, His Majesty the Sultan and Yang
Di-Pertuan may appoint a Deputy in lieu of appointing a Council of
Regency; and
(b)
prior to his departure from Brunei Darussalam, His Majesty the Sultan and Yang Di-Pertuan shall inform the Privy Council of any such appointment.
(2)
Subject to subsection (3), His Majesty the Sultan and Yang
Di-Pertuan may, by Instrument under the Seal of the State, appoint a Member of the Privy Council to be his Deputy and, in that capacity, to exercise, perform and execute for and on behalf of His Majesty the Sultan and Yang
Di-Pertuan such State functions as may be specified in such Instrument so long as His Majesty the Sultan and Yang Di-Pertuan is absent from Brunei
Darussalam for more than 7 days; and every Deputy so appointed shall conform to and observe all such instructions as His Majesty the Sultan and
Yang Di-Pertuan may from time to time address to him for his guidance and in any event his powers shall be subject to the limitations set out in subsection (3) of section 12.
Succession and Regency Proclamation 28
(3)
If His Majesty the Sultan and Yang Di-Pertuan is absent from
Brunei Darussalam for more than 7 days, whether or not a Deputy or a
Council of Regency has been appointed, if and for as long as the lawful
Successor declared under subsection (2) of section 3 is present in Brunei
Darussalam, the lawful Successor declared under subsection (2) of section 3
shall assume the functions of the Deputy as if appointed in accordance with this section until such time that His Majesty the Sultan and Yang Di-Pertuan returns to Brunei Darussalam.
(3A)
Where the lawful Successor declared under subsection (2) of section 3 is also absent from Brunei Darussalam at any time during the period that His Majesty the Sultan and Yang Di-Pertuan is absent from
Brunei Darussalam, any appointment of a Council of Regency or Deputy
(as the case may be) by His Majesty the Sultan and Yang Di-Pertuan in accordance with this section, shall cease to have effect as soon as His
Majesty the Sultan and Yang Di-Pertuan or the lawful Successor declared under subsection (2) of section 3 returns to Brunei Darussalam, whichever is the earlier.
(3B)
In the event the lawful Successor declared under subsection (2)
of section 3 returns to Brunei Darussalam earlier than His Majesty the Sultan and Yang Di-Pertuan, he shall assume the functions of the Deputy as if appointed in accordance with this section until His Majesty the Sultan and
Yang Di-Pertuan returns to Brunei Darussalam.
(4)
If His Majesty the Sultan and Yang Di-Pertuan absents himself from Brunei Darussalam for more than 7 days without appointing a Council of Regency or a Deputy in accordance with subsections (1) and (2), the Privy
Council shall appoint a Council of Regency.
(5)
If it appears to the Privy Council to be in the interest of Brunei
Darussalam that His Majesty the Sultan and Yang Di-Pertuan, who has absented himself from Brunei Darussalam after lawfully appointing a
Deputy under this section, should either return to Brunei Darussalam or appoint a Council of Regency, the Privy Council shall in such manner as that
Council may deem appropriate inform His Majesty the Sultan and Yang
Di-Pertuan accordingly; and, if within 30 days of such information being communicated to him, or if after 30 days have lapsed since the time that His
Majesty the Sultan and Yang Di-Pertuan could not be found, His Majesty the
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Sultan and Yang Di-Pertuan has neither returned to Brunei Darussalam nor appointed a Council of Regency, then, the Privy Council shall proceed to appoint a Council of Regency.
(5A)
In the event that a Council of Regency is appointed under subsection (1), (4) or (5) to exercise, perform and execute State functions for and on behalf of His Majesty the Sultan and Yang Di-Pertuan during the absence of His Majesty the Sultan and Yang Di-Pertuan, the powers of the
Council of Regency shall be subject to the limitations set out in subsection (3) of section 12.
(6)
If His Majesty the Sultan and Yang Di-Pertuan has, at any time, been absent from Brunei Darussalam for a consecutive period of more than 24 months, then, whether or not the provisions of this section have been complied with and whether or not a Council of Regency has been appointed, it shall be lawful for the Privy Council to require His Majesty the Sultan and
Yang Di-Pertuan to return to Brunei Darussalam and if His Majesty the
Sultan and Yang Di-Pertuan shall fail to return to Brunei Darussalam within 3 months of the communication to him of such requirement, the provisions of subsection (7) shall apply.
(7)
The Privy Council shall meet and shall inquire if there be any sufficient reason why His Majesty the Sultan and Yang Di-Pertuan should have failed to return to Brunei Darussalam and may resolve —
(a)
that further inquiries be made;
(b)
that a final reminder be sent to His Majesty the Sultan and
Yang Di-Pertuan that if he fails to return within 3 months from the communication to him, he shall be deemed to have abdicated; or
(c)
that His Majesty the Sultan and Yang Di-Pertuan should be considered lawfully absent until the malady or other sufficient cause preventing his return has been cured or removed, or until he has been absent from Brunei Darussalam for a consecutive period of 36 months computed from the time he left Brunei Darussalam, whichever shall be the earlier.
(8)
Unless it has been resolved that further inquiries shall be made, in which case the Privy Council shall again consider the matter when such
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CONST. II inquiries have been concluded, any such resolution shall be made known to
His Majesty the Sultan and Yang Di-Pertuan in such manner as the Privy
Council shall think fit.
(9)
If —
(a)
it has been resolved in terms of paragraph (b) of subsection (7) and His Majesty the Sultan and Yang Di-Pertuan has failed to return at the end of the specified period; or
(b)
it has been resolved in terms of paragraph (c) of subsection (7) and the period of 36 months therein mentioned has expired, or if it appears to the Privy Council that the malady or other cause considered to have been preventing the return of His Majesty the Sultan and Yang Di-Pertuan was removed at a time which would have enabled His Majesty the Sultan and Yang Di-Pertuan, had he been willing to do so, to return to Brunei Darussalam, then and in any such case, the Privy Council may by Order signified in the
Gazette declare that His Majesty the Sultan and Yang Di-Pertuan shall be deemed to have abdicated; and such Order shall, subject to section 21, have the same effect for all purposes as if His Majesty the Sultan and Yang
Di-Pertuan had executed a valid Instrument of Abdication having effect on the date of publication of the Order in the Gazette.
(10)
The power to appoint a Deputy conferred by subsection (2) shall be available also to a Sultan, other than a Sultan in respect of whom a declaration of incapacity has been made under the first part of subsection (1)
of section 12, who is present in Brunei Darussalam but who is about to absent himself from the seat of Government or who is ill or incapacitated from any similar cause from discharging in a proper manner the State functions, or any of them:
Provided that every such appointment shall cease to have effect —
(a)
if the appointment was made as a result of His Majesty the
Sultan and Yang Di-Pertuan being about to absent himself from the seat of Government, as soon as he returns to the seat of the
Government; or
(b)
if the appointment was made as a result of the illness or incapacity of His Majesty the Sultan and Yang Di-Pertuan, if and as
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soon as the illness or incapacity necessitating such appointment ceases or is removed, or if a declaration of incapacity relating to
His Majesty the Sultan and Yang Di-Pertuan is made under the first part of subsection (1) of section 12.
(11)
This section shall not apply where His Majesty the Sultan and
Yang Di-Pertuan is below the age of 18 years.