Article 2
Interpretation
of Constitutional Matters II - Succession and Regency Proclamation, 1959
In this Proclamation, unless the context otherwise requires —
“Clerk to the Privy Council” includes any person appointed by His
Majesty the Sultan and Yang Di-Pertuan to be Deputy Clerk to that
Council;
“Consort of His Majesty the Sultan and Yang Di-Pertuan” means a lawful wife of the reigning Sultan according to the Malay Custom of
Brunei Darussalam and, if there is more than one such wife, means the wife of His Majesty the Sultan and Yang Di-Pertuan who is of the blood of the Sultans of Brunei Darussalam, or, if there is more than one of such wives, then that wife whom His Majesty the Sultan and
Yang Di-Pertuan is satisfied is nearest in the direct line to such
Sultans:
Provided that —
(a)
if there is no such wife, the wife of His Majesty the Sultan and Yang Di-Pertuan who is of the blood of the ruling house of another Malay Muslim State, being a house which is related to His
Majesty the Sultan and Yang Di-Pertuan, or, if there is more than one such wife with equal claims, then of those wives, the wife whom His Majesty the Sultan and Yang Di-Pertuan is satisfied is nearest related to His Majesty the Sultan and Yang Di-Pertuan;
(b)
if there is no such wife, the wife of His Majesty the Sultan and Yang Di-Pertuan who is of the Malay race and who is of the blood of the ruling house of another Muslim State, or, if there is more than one such wife, then that wife whom His Majesty the
Sultan and Yang Di-Pertuan is satisfied is nearest in the direct line to the Sultan of another Muslim State;
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(c)
if there is no such wife, the wife of His Majesty the Sultan and Yang Di-Pertuan who is a Pengiran Kebanyakan or if there is more than one such wife, then of those wives, the wife His
Majesty the Sultan and Yang Di-Pertuan so chooses; or
(d)
if there is no such wife, the wife His Majesty the Sultan and Yang Di-Pertuan so chooses:
Provided further that —
(i)
no wife shall be or deemed to be a Consort of His
Majesty the Sultan and Yang Di-Pertuan unless she professes the Islamic Religion and His Majesty the
Sultan and Yang Di-Pertuan has, by Proclamation published in the Gazette, proclaimed her as a Consort of His Majesty the Sultan and Yang Di-Pertuan; and
(ii)
a subsequent wife shall not be proclaimed the Consort of His Majesty the Sultan and Yang Di-Pertuan if there is living a former wife who has been appointed
Duli Raja Isteri or Pengiran Isteri in accordance with the provisions of section 22;
“Constitution” means the Constitution of Brunei Darussalam;
“Council of Ministers” means the Council of Ministers established by the Constitution;
“Council of Regency” means a Council of Regency appointed under subsection (1) of section 13;
“Council of Succession” means the Council of Succession appointed under subsection (1) of section 6;
“Duli Yang Teramat Mulia Paduka Seri Pengiran Muda”, subject to section 3, means the person who, if His Majesty the Sultan and Yang
Di-Pertuan were to die immediately, would have the best claim to succeed to the throne but whose claim might be displaced by the emergence of a person with a better claim;
“Duli Yang Teramat Mulia Paduka Seri Pengiran Muda Mahkota”, subject to section 3, means the person who, if he survives His
Majesty the Sultan and Yang Di-Pertuan, must be the Heir to the throne;
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“Government” means the Government of His Majesty the Sultan and
Yang Di-Pertuan;
(deleted by S 23/2021);
(deleted by S 23/2021);
“Interim Period” means the period between the time of the confirmation under subsection (1) of section 12 by the Council of
Succession and the lawful Successor declared under subsection (2) of section 3 that His Majesty the Sultan and Yang Di-Pertuan is incapable for the time being of performing the State functions and the time of the declaration or decision under subsection (1) of section 12
that His Majesty the Sultan and Yang Di-Pertuan has so far recovered his health as to warrant his resumption of the State functions;
“Interpretation
Tribunal”
means the
Interpretation
Tribunal established by or under the Constitution;
“Islamic Religion” means the Islamic Religion according to the
Shafeite sect of Ahlis Sunnah Waljamaah;
“Kepala Wazir” means the noble and illustrious personage known as the Duli Pengiran Perdana Wazir Sahibul Himmah Wal-Waqar;
“Legislative Council” means the Legislative Council established by the Constitution;
“Minister” means a person appointed as such under the Constitution;
“Muslim State” means a State whose official religion is the Islamic
Religion;
“Orang Kebanyakan” means a person of common blood;
“Pengiran Kebanyakan” means a person of Brunei noble blood other than a person who is of the blood of the Sultans of Brunei
Darussalam;
“person of the blood of the Sultans of Brunei Darussalam” means a person who is a lawfully begotten descendant of Al-Marhum Sultan
Mohamed Jamalul Alam or, if there is no such descendant of the appropriate sex, a person who is a lawfully begotten descendant of the grandfather in the male line of the reigning Sultan, or, if there is no reigning Sultan, a lawfully begotten descendant of the grandfather in the male line of the last reigning Sultan;
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“President” means the President of the Council of Succession;
“Privy Council” means the Privy Council established by the
Constitution;
“Regent” means a Regent duly appointed under subsection (1) of section 13 or referred to in section 11;
“Religious Council” means the Religious Council constituted by
Part II of the Religious Council and Kadis Courts Act (Chapter 77);
“Secretary” means the Secretary to the Council of Succession;
“State” means Brunei Darussalam;
“State functions” means the powers, authorities and privileges vested in His Majesty the Sultan and Yang Di-Pertuan by the Constitution, by any other written law or by virtue of His Majesty the Sultan and
Yang Di-Pertuan’s prerogative;
“Sultan” or “His Majesty” or “His Majesty the Sultan and Yang
Di-Pertuan” means His Majesty the Sultan and Yang Di-Pertuan of
Brunei Darussalam irrespective of whether a declaration has been made and confirmed under section 12 that by reason of infirmity of mind or body he is for the time being incapable of performing the
State functions but does not include his lawful Successor listed in, referred to or contempleted by subsections (2), (3) and (4) of section 3, a Regent or a Council of Regency or His Majesty the
Sultan and Yang Di-Pertuan’s Deputy;
“Sultan’s Deputy” means the Deputy appointed under section 17;
“Wazirs” means the Duli Pengiran Perdana Wazir Sahibul Himmah
Wal-Waqar, the Pengiran Bendahara Seri Maharaja Permaisuara, the
Pengiran Digadong Sahibul Mal, the Pengiran Pemancha Sahibul
Rae’ Wal-Mashuarah and the Pengiran Temanggong Sahibul Bahar.
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