The Brunei (Appeals) Order 1989

Article 3

SCHEDULE 1 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

Section 24

Section 31

PART II

(1)	(2)
Section 5	The words “to His Majesty” and the proviso shall be omitted.
Section 8	The following section shall be substituted— “8.   In any matter which shall come before the said Judicial Committee it shall be lawful for the said Committee to direct or recommend that such witnesses shall be examined or re-examined, and as to such facts, as to the said Committee shall seem fit, notwithstanding any such witness may not have been examined, or no evidence may have been given on any such facts in a previous stage of the matter; and it shall also be lawful for the said Committee, upon any appeal, to recommend that the matter which shall be the subject of such appeal shall be remitted to the court from the decision of which such appeal shall have been made, and at the same time to recommend that such court shall rehear such matter, in such form, and either generally or upon certain points only, and upon such rehearing take such additional evidence, though before rejected, or reject such evidence before admitted, as the said Committee shall recommend.”.
Section 9	For the words “or if a Quaker or a Moravian” the words “or if he so desires” shall be substituted.
Section 13	The following section shall be substituted— “13.   In any matter which shall come before the said Judicial Committee it shall be lawful for the said Committee to recommend that a new trial be held either generally or as to certain points only.”.
Section 15	The following section shall be substituted— “15.   The costs in any appeal or matter referred to the said Judicial Committee shall be paid by such party or parties, person or persons, as His Majesty the Sultan and Yang Di-Pertuan shall, on the recommendation of the said Committee, direct and shall be taxed by the aforesaid registrar or such other person or persons, to be appointed by Her Majesty in Council, as the said Committee shall direct.”.
Section 28	For the words “and His Majesty in Council shall have and enjoy in all respects such and the same powers of enforcing judgments, decrees, and orders, as are” there shall be substituted the words “as is”.

Article 4

SCHEDULE 2 MODIFICATIONS OF THE JUDICIAL COMMITTEE (GENERAL APPELLATE JURISDICTION) RULES IN THEIR RELATION TO APPEALS FROM THE SUPREME COURT

1.  Save as is otherwise provided in this Schedule or where the context otherwise requires, any reference in the Rules to Her Majesty or Her Majesty in Council shall be construed as a reference to His Majesty the Sultan and Yang Di-Pertuan acting on the recommendation of the Committee, and references to Orders of Her Majesty in Council shall be construed accordingly.

2.  Paragraph 1 of this Schedule shall not apply to the definition of “Agent” in paragraph (1) of Rule 1.

3.  For the words “Her Majesty in Council” in the definition of “Party” in paragraph (1) of Rule 1 there shall be substituted the words “the Judicial Committee”.

4.  For the words “Her Majesty in Council” in the definition of “Record” in paragraph (1) of Rule 1 there shall be substituted the words “the Judicial Committee”.

5.  For the words “Her Majesty in Council” in paragraph (2) of Rule 1 there shall be substituted the words “the Judicial Committee”.

6.  For the words “to advise Her Majesty” in Rule 3 there shall be substituted the words “to recommend to His Majesty the Sultan and Yang Di-Pertuan”.

7.  For the words “to advise Her Majesty” in Rule 6 there shall be substituted the words “to recommend to His Majesty the Sultan and Yang Di-Pertuan”.

8.  For the words “Her Majesty” in paragraph (5) of Rule 11 there shall be substituted the words “His Majesty the Sultan and Yang Di-Pertuan”.

9.  For the words “Her Majesty” in paragraph (4) of Rule 36 there shall be substituted the words “His Majesty the Sultan and Yang Di-Pertuan”.

10.  For the words “Her Majesty” in paragraph (1) of Rule 56 there shall be substituted the words “His Majesty the Sultan and Yang Di-Pertuan”.

11.  For the word “orders” in Rule 75 there shall be substituted the word “recommendations”.

12.  For the words “given their decision” in Rule 77 there shall be substituted the words “announced their recommendation”.

13.  The following Rule shall be substituted for Rule 80—

“80.   A statement of the amount allowed on the taxation shall, subject to any appeal to the Judicial Committee, and subject to any recommendation from the Committee to the contrary, be transmitted to His Majesty the Sultan and Yang Di-Pertuan for insertion in His Order determining the Appeal or Petition.”.

14.  The following items in Part II of Schedule B shall be omitted, that is to say—

“Original Order of Her Majesty in Council determining an Appeal

Any other original Order of Her Majesty in Council

Plain copy of an Order of Her Majesty in Council”.