Supreme Court of Brunei Darussalam

Last updated
Supreme Court of Brunei Darussalam
Supreme Court 20 May 2018.jpg
Supreme Court Building
Supreme Court of Brunei Darussalam
4°53′27″N114°56′06″E / 4.8907136°N 114.9349087°E / 4.8907136; 114.9349087
Established1963;61 years ago (1963)
Coordinates 4°53′27″N114°56′06″E / 4.8907136°N 114.9349087°E / 4.8907136; 114.9349087
Authorized by Constitution of Brunei
Website judiciary.gov.bn
Chief Justice of Brunei
Currently Steven Chong Wan Oon
Since30 June 2018

The Supreme Court of Brunei Darussalam is the highest court of Brunei Darussalam, though its decisions are subject to appeal in civil cases to the Judicial Committee of the Privy Council. [1] The Chief Justice and other Judges of the Supreme Court are appointed by the Sultan of Brunei to sit in judgment of the most acrimonious contentions in the country. [2]

Contents

Supreme Court Building

The Supreme Court of Sarawak, North Borneo, and Brunei was replaced by the Supreme Court of Brunei Darussalam in 1963. The High Court and Court of Appeal that make up the new Supreme Court have the same authority as the previous Supreme Court. The Supreme Court Building has had several locations since it was founded, including Kuala Belait. Both the former Secretariat Building and the old Lapau Building were partially occupied by it. [3]

The new Supreme Court Building was the subject of an architectural competition that the government held in 1978. Sungai Kedayan to the east and Jalan Tutong to the north border the building's chosen location. The building's construction started in February 1981 and was finished in 1983. The structure cost B$20 million to construct and has a 96,500 square foot floor space. The Supreme Court Building's ribbon-cutting event took place on 15 March 1984. [3]

Judges

Judges of the Supreme Court of Hong Kong were granted permission by the government of Hong Kong to serve as Judges of the Supreme Court of Brunei Darussalam. It was standard procedure to appoint Supreme Court of Hong Kong judges as Judicial Commissioners of the Supreme Court of Brunei Darussalam for a three-year term. In 1993, this long-standing legal agreement with Hong Kong came to an end. When it comes to filling vacancies on the Brunei Supreme Court, Brunei have still continued to use the services of former Hong Kong justices. [4]

The Chief Justice of Hong Kong would frequently be named as the Chief Justice of Brunei Darussalam. Although Sir Denys Tudor Emil Roberts, the previous Chief Justice of Hong Kong, retired from his position as Chief Justice of Hong Kong with effect from 15 March 1988, he continued to serve as Chief Justice of Brunei Darussalam. On 24 May 1988, Yang Ti-liang, the Chief Justice of Hong Kong, was chosen to lead the Court of Appeals. Until May 16th, 1993, he served as the Court of Appeals' President. Kutlu Tekin Fuad, a retired judge from the Hong Kong Court of Appeal, was chosen to lead the Court of Appeal on 17 May. [4]

Chief justices

PortraitMinisterTerm startTerm endTime in officeRef.
Geoffrey Gould Briggs 196318 June 197916 years, 168 days [5] [6]
Denys Tudor Emil Roberts 18 June 19791 August 200122 years, 44 days [4] [7]
Mohammad Saied1 August 20014 August 20098 years, 3 days [8]
Kifrawi Kifli 4 August 200930 June 20188 years, 330 days [9]
Steven Chong Wan Oon 2022.jpg
Steven Chong Wan Oon 30 June 2018Incumbent5 years, 196 days [10]

Related Research Articles

<span class="mw-page-title-main">Judicial Committee of the Privy Council</span> Judicial body in the United Kingdom

The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.

<span class="mw-page-title-main">Government of Brunei</span> Central government of Brunei

The Government of Brunei is the union government created by the constitution of Brunei where by the Sultan of Brunei is both head of state and head of government. Executive power is exercised by the government. Brunei has a legislative council with 36 appointed members, that only has consultative tasks. Under Brunei's 1959 constitution, His Majesty Hassanal Bolkiah, is the head of state with full executive authority, including emergency powers since 1962. The Sultan's role is enshrined in the national philosophy known as "Melayu Islam Beraja" (MIB), or Malay Islamic Monarchy. The country has been under hypothetical martial law since a rebellion occurred in the early 1960s and was put down by British troops from Singapore. The Seat of the Government is located in Bandar Seri Begawan, Brunei.

Sir Noel Plunkett Power, was a senior judge in Hong Kong and Brunei Darussalam. He had been a barrister-at-law in his home-country Australia when he joined the judiciary of Hong Kong in 1965 as a magistrate in the Lands Tribunal. Since then, he had been successively promoted as President of the Lands Tribunal, a puisne judge of the Supreme Court and Vice-President of the Court of Appeal. In 1996, he became acting Chief Justice of the Supreme Court when Sir Ti-liang Yang resigned and contested for the first ever election of the Chief Executive. After the transfer of sovereignty over Hong Kong from Britain to People's Republic of China in 1997, he was appointed Vice-President of the Court of Appeal of the High Court. He retired from the High Court in 1999 but remained as a non-permanent judge of the Court of Final Appeal.

<span class="mw-page-title-main">Court of Final Appeal (Hong Kong)</span> Final appellate court of Hong Kong

The Hong Kong Court of Final Appeal is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court.

<span class="mw-page-title-main">Supreme Court of the United Kingdom</span> Final court of appeal in the United Kingdom

The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.

<span class="mw-page-title-main">Caribbean Court of Justice</span>

The Caribbean Court of Justice is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago.

<span class="mw-page-title-main">High Court (Hong Kong)</span> Superior court of record with unlimited civil and criminal jurisdiction in Hong Kong

The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication.

<span class="mw-page-title-main">Supreme Court (Hong Kong)</span>

The Supreme Court of Hong Kong was the highest court in Hong Kong prior to the transfer of sovereignty of Hong Kong from the United Kingdom to the People's Republic of China in 1997 and heard cases of first instance and appeals from the District and Magisrates Courts as well as certain tribunals. The Supreme Court was from 1976 made up of the High Court of Justice and the Court of Appeal.

<span class="mw-page-title-main">Denys Roberts</span> British judge (1923–2013)

Sir Denys Tudor Emil Roberts was a British colonial official and judge. Joining the colonial civil service as a Crown Counsel in Nyasaland in 1953, he became Attorney General of Gibraltar in 1960. In 1962, he was posted to Hong Kong as Solicitor-General, and was successively promoted to Attorney-General in 1966, Colonial Secretary/Chief Secretary in 1973 and Chief Justice in 1979. He was the first and only Attorney-General to become both Colonial Secretary in Hong Kong. Never having been a judge before, he was appointed as Chief Justice of the Supreme Court in 1979 and was the first and only Colonial Secretary of Hong Kong to receive such appointment.

<span class="mw-page-title-main">Eastern Caribbean Supreme Court</span> Caribbean court system established under the Organisation of Eastern Caribbean States

The Eastern Caribbean Supreme Court (ECSC) is a superior court of record for the Organisation of Eastern Caribbean States (OECS), including six independent states: Antigua and Barbuda, the Commonwealth of Dominica, Grenada, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines and three British Overseas Territories. It has unlimited jurisdiction in each member State.

A judicial commissioner is person appointed on a non-permanent basis to a judicial office. In some countries, such as Malaysia and Singapore, judicial commissioners have the powers of full judges. In other jurisdictions their powers are limited.

John Barry Mortimer, GBS, SPMB, OBE, QC is a British barrister who has held senior judicial appointments in Hong Kong and Brunei Darussalam.

<span class="mw-page-title-main">Alan Huggins</span> British colonial judge

Sir Alan Armstrong Huggins was a British colonial judge serving in places including Uganda, Hong Kong and Brunei. He spent nearly 40 years in the judiciary of Hong Kong, serving as a Vice-President of the Court of Appeal from 1980 to 1987. After the transfer of sovereignty over Hong Kong in 1997, he was appointed a non-permanent Hong Kong judge of the Court of Final Appeal until 2003.

<span class="mw-page-title-main">Supreme Court of Mauritius</span> The Mauritius Supreme Court formed 1850

The Supreme Court of Mauritius is the highest court of Mauritius and the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.

Michael Victor Lunn, GBS, KC, SC is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.

<span class="mw-page-title-main">Hayati binti Mohd Salleh</span> Bruneian lawyer

Hayati binti Mohd Salleh is a Bruneian lawyer and the first female Attorney General of Brunei, who served the office from 2009 to 2018. She is also the first female High Court Judge in the Supreme Court of Brunei, as well as the first Bruneian Malay woman to be called to the English Bar.

Sir Derek Cons is a retired British colonial judge who was one of the three Vice-Presidents of the Court of Appeal of the Supreme Court of Hong Kong from 1986 to 1993.

<span class="mw-page-title-main">Order of Setia Negara Brunei</span> Order of Brunei

The Most Blessed Order of Setia Negara Brunei, also translated as The Most Blessed Order of Loyalty to the State of Brunei, is an order of Brunei. It was established on 29 November 1959 by Sultan Omar Ali Saifuddien III.

<span class="mw-page-title-main">Steven Chong Wan Oon</span> Brunei chief justice

Steven Chong Wan Oon is a Brunei magistrate who was appointed chief justice of the Supreme Court of Brunei Darussalam in 2018.

<span class="mw-page-title-main">James Kerr Findlay</span> Scottish judge (1936–2019)

James Kerr Findlay was a Scottish magistrate who was appointed as the visiting judge and judicial commissioner of the Supreme Court of Brunei Darussalam from 2001 to 2022. In addition, he has held several positions in the Hong Kong Attorney General's Chambers.

References

  1. Court, The Supreme. "Role of the JCPC - Judicial Committee of the Privy Council (JCPC)". www.jcpc.uk. Retrieved 2022-08-02.
  2. "OVERVIEW OF BRUNEI LEGAL SYSTEM". Council of ASEAN Chief Justices.
  3. 1 2 "History of the Supreme Court Building – CACJ" . Retrieved 2022-12-31.
  4. 1 2 3 "archive.ph". archive.ph. Retrieved 2022-12-31.
  5. "Briggs, Sir Geoffrey (Gould)". Who's Who. doi:10.1093/ww/9780199540884.013.U171329.
  6. Inc, IBP (2017-12-24). Brunei Political, Constitutional System and Procedures Handbook - Strategic Information and Regulations. Lulu.com. p. 214. ISBN   978-1-5145-1648-5.{{cite book}}: |last= has generic name (help)
  7. Supreme Court of Brunei Darussalam (c. 2000). "Rules to The Supreme Court (Amendment) (No. 3) Rules, 2000" (PDF). Retrieved 11 March 2022.
  8. USA, IBP (2009-03-20). Brunei Country Guide Volume 1 Strategic Information and Developments. Lulu.com. p. 128. ISBN   978-1-4387-0630-6.
  9. "Sultanate - News | Negara Brunei Darussalam | Sultan appoints first Bruneian Chief Justice". www.sultanate.com. Retrieved 2022-12-31.
  10. Bandial, Ain (2018-06-29). "Dato Steven Chong named chief justice of Supreme Court". The Scoop. Retrieved 2022-12-31.