Article 25
Principles underlying the exercise of State functions
of Constitutional Matters II - Succession and Regency Proclamation, 1959
(1)
The following principles shall be inherent in the exercise of the
State functions —
(a)
His Majesty the Sultan and Yang Di-Pertuan never dies and the holding of any public office, appointment or honour in Brunei
Darussalam shall not be affected, nor shall any fresh appointments thereto be rendered necessary by the death or abdication of His
Majesty the Sultan and Yang Di-Pertuan; and
(b)
His Majesty the Sultan and Yang Di-Pertuan is inviolable and shall not be liable to any proceedings whatsoever in any court in respect of anything done or omitted to have been done by him during
Succession and Regency Proclamation 35
or after his reign in either his personal or official capacity. This immunity is absolute and shall not be set aside:
Provided that provision may be made by laws enacted under the
Constitution for the bringing of proceedings against the Government or any officer, servant or agent thereof, but not His Majesty the Sultan and Yang Di-Pertuan, in respect of wrongs committed in the course of carrying on the government of Brunei Darussalam; and
(c)
all the prerogative powers, privileges, immunities, rights and other powers and jurisdiction that His Majesty the Sultan and
Yang Di-Pertuan had, exercised and enjoyed, whether under the
Constitution, this Proclamation or the laws of Brunei Darussalam
(written laws or otherwise), before the commencement of the Constitution of Brunei Darussalam (Amendment) Order, 2021
(S 22/2021) and the Succession and Regency (Amendment)
Proclamation, 2021 (S 23/2021) remain unaffected and shall continue in full force and effect.
(2)
Any such law as is referred to in the proviso to paragraph (b) of subsection (1) shall not be deemed to be an amendment to this Proclamation.