| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/2396 |
| Year | 1989 |
1989 No. 2396
JUDICIAL COMMITTEE
The Brunei (Appeals) Order 1989
Made 19th December 1989
Coming into force 1st February 1990
At the Court at Buckingham Palace, the 19th day of December 1989
Present,
The Queen’s Most Excellent Majesty in Council
Whereas an Exchange of Notes has taken place on 27th June 1989 between the Government of the United Kingdom and the Government of Brunei Darussalam concerning the arrangements for the reference to the Judicial Committee of the Privy Council of appeals from the Supreme Court of Brunei Darussalam;
Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by section 1 of the Brunei (Appeals) Act 19891or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Brunei (Appeals) Order 1989 and shall come into force on 1st February 1990.
(2) In this Order, unless the context otherwise requires—
“appeal” includes an application for leave to appeal;
“the Committee” means the Judicial Committee of the Privy Council;
“the Supreme Court” means the Supreme Court of Brunei Darussalam.
2.—(1) The Committee shall have jurisdiction in respect of appeals from the Supreme Court to His Majesty the Sultan and Yang Di-Pertuan by leave of the Supreme Court—
(a)
(a) from any final judgment or order in any civil matter where—
(i) the matter in dispute in the appeal amounts to or is of the value of two hundred thousand Brunei dollars or upwards;
(ii) the appeal involves, directly or indirectly, some claim or question to or respecting property or some civil right of like amount or value; or
(iii) the case is from its nature a fit one for appeal; and
(b)
(b) from any interlocutory judgment or order which the Supreme Court considers a fit one for appeal.
(2) The Committee shall also have jurisdiction in respect of appeals from the Supreme Court to His Majesty the Sultan and Yang Di-Pertuan—
(a)
(a) in any of the cases referred to in paragraph (1) above where leave of the Supreme Court has not been duly obtained;
(b)
(b) in any case arising in a civil matter other than the cases referred to in paragraph (1) above; and
(c)
(c) in any criminal matter,
where application for special leave to appeal has been made and His Majesty, acting on the recommendation of the Committee, has granted special leave to appeal.
(3) Notwithstanding the foregoing provisions of this article, the Committee shall not have jurisdiction in respect of any appeal from the Supreme Court or from the Interpretation Tribunal established under section 86 of the Constitution of Brunei Darussalam2on any question involving the meaning, interpretation, construction or effect of any of the provisions of that Constitution.
3. The Judicial Committee Act 18333shall apply in relation to appeals from the Supreme Court subject to the exceptions and modifications set out in Schedule 1 to this Order.
4. The jurisdiction conferred on the Committee by this Order shall be exercised in accordance with the Judicial Committee (General Appellate Jurisdiction) Rules4as from time to time amended, but the said Rules as so amended shall have effect in their application to that jurisdiction subject to the modifications set out in Schedule 2 to this Order.
5. Any report or recommendation made by the Committee in respect of an appeal from the Supreme Court shall be in such form as may from time to time appear convenient to the Committee and shall be delivered by the Registrar of the Privy Council to a Secretary of State for transmission to His Majesty the Sultan and Yang Di-Pertuan.
6. This Order shall apply to appeals as well from decisions given before its coming into force as from decisions given thereafter.
7.—(1) Appeals pending before the coming into force of this Order shall be treated as appeals to His Majesty the Sultan and Yang Di-Pertuan and shall be dealt with accordingly under this Order.
(2) Any appeal to which paragraph (1) of this article applies shall not be affected by the change in the value of the matter in dispute in a civil matter which is made by article 2(1)(a) of this Order.
G. I. de Deney
Clerk of the Privy Council
SCHEDULE 1
Article 3
APPLICATION OF THE JUDICIAL COMMITTEE ACT 1833
The provisions of the Judicial Committee Act 1833 set out in Part I of this Schedule shall not apply in relation to appeals from the Supreme Court, and the provisions of the said Act set out in the first column of Part II shall apply subject to the modifications set out in the second column.
PART I
Section 3 |
Section 4 |
Section 14 |
Section 16 |
Section 20 |
Section 21 |
Section 23 |
... |
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