LEGISLATION
131
D
CHAPTER 8
LEGISLATION
URING the year the following legislation was passed:
1. Members of the Legislative Council (Remuneration and
Privileges) Enactment.
As the title suggests, this Enactment makes provision for the remuneration and allowances payable to ex-officio, official and unofficial members of the Legislative Council and the Executive Council as well as the Speaker. In the case of a Member other than an ex-Officio or Official Member, an allowance of $400 per month together with other allowances and in the case of the Speaker, an allowance of $300 per month in addition to other remuneration together with other allowances are payable. Provi- sions are made extending certain privileges to members e.g. medical facilities for members and their families, subsistence and travelling allowances.
2.
The Supreme Court Enactment.
With the formation of the Federation of Malaysia and Erunei's decision to stay out of the said Federation, the Supreme Court constituted by the Sarawak, North Borneo and Brunei (Courts) Order in Council, 1951 ceased to have any jurisdiction in the State. Therefore, the necessity for setting up a Supreme Court exclusively for the State arose and this Enactment makes provisions for the establishment of a Supreme Court, appointment of Judges, remuneration of Judges, appointment of Judicial Commissioners and matters connected with the running of such a Court. The Supreme Court consists of the High Court and the
Court of Appeal, the judges of which are to be appointed by the Sultan. The jurisdiction of the Supreme Court remains the same as it was under the combined judiciary of Sarawak, North Borneo and Brunei. The novel feature in the Enactment is the provision for the appointment of Judicial Commissioners. The Enactment gives the Sultan the power to appoint any person as a Commiss- ioner of the Supreme Court if such person (i) is or has been a judge of a Court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a Court having jurisdiction in appeals from any such Court or (ii) is entitled to practise as an advocate in such a Court and has been entitled for not less than seven years to practise as an advocate or solicitor in such a Court. The Judicial Commissioners shall hold office for such period as may be specified in the Instrument of Appointment, It is noteworthy that the qualifications for appointment of judges The difference lies in and judicial commissioners are the same.
the fact that judges may hold office for a longer period than judicial commissioners who are appointed on an “ad hoc" basis. The Enactment provides that a judge of the Supreme Court shall hold office until the age of 65 but may be removed from office for inability to perform his duties or for misbehaviour and such removal from office shall be on the advice of the Judicial Committee of Her Majesty's Privy Council tendered to the Sultan. Provision is also made in the Enactment to ensure that all Laws or Rules of Court in force in the State shall apply in relation to the new Supreme Court as they did to the former Supreme Court.
3.
The Petroleum Mining Enactment.
The two mining leases from which all of Brunei's oil is produced were drawn up in 1924 and 1932, long before the Oil Mining Enactment was passed. Although the original leases have subsequently been amended and brought more up-to-date on many the Government and the occasions by agreement between Company, the principles underlying them may have become some- what out of line with current practice in other oil producing countries where modern legislation has been enacted.
This Enactment provides modern legislation governing the terms under which leases may be granted to oil companies.
1963.
B
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