The Supreme Court of
Brunei Darussalam was established in 1963 after the
dissolution of the joint Sarawak, North Borneo and Brunei
Supreme Court. The Supreme Court Building has been sited at
various places including Kuala Belait. It has occupied a
portion of old Secretariat building and the old Lapau
building.
Existing Buildings
In 1978 the Government organised an architectural competition
for the design of the new Supreme Court Building. The panel of
assessors for the competition consisted of the following
members:
The Chief
Justice - Dato Setia Sir Geoffrey Briggs.
The Attorney
General - Yang Amat Mulia Pengiran Laila Kanun Diraja Pengiran
Haji Bahrin bin Pengiran Haji Abbas.
The Chairman of
Public Service Commission - Yang Dimuliakan Pehin Orang Kaya
Digadong Seri Lela Dato Laila Utama Haji Awang Abdul Rahman.
The Director of
Public Works - Dato Paduka Haji Talib Derwish.
The site
selected for the building is bounded by Sungai Kedayan to the
east and Jalan Tutong to the north. The construction of the
building commenced in February 1981 and was completed in
1983. The building has a floor area of 96,500 square feet and
was built at cost of B$20 million.
The department is responsible for the administration of Justice
through the Intermediate Court, High Court and Court of Appeal,
and the Magistrates' Court which sit at Bandar Seri Begawan,
Kuala Belait, Tutong and Temburong.
All courts hear both criminal and civil cases, with the majority
of cases coming before the Magistrates' Courts. Those outside
the limits of their jurisdiction being are by the Intermediate
Court and the High Court. Appeals from the Magistrates' Courts
are heard by the High Court. From the Intermediate Court and the
High Court, appeals go to the Court of Appeal. Court of Appeal
is the Highest Appellate Court for criminal cases. In civil
cases, an appeal is referred to the Judicial Committee of
Her Majesty's Privy Council in London if all parties agree to do
so before the hearing of the appeal in the Brunei Court of
Appeal.
In addition to the usual civil and criminal jurisdiction the
courts deal with cases of bankruptcy and companies winding up.
The Judiciary also deals with applications for Grants of Probate
and Letters of Administration of deceased's person's estates. A
further function of the judiciary is the administration of the
admission of advocates and solicitors, who wish to practise in
Brunei Darussalam, under the Legal Profession Act, and the
issuance of annual Practising Certificates.
JUDGES
Arrangements
were made with Hong Kong Government for Judges of the Supreme
Court of Hong Kong to sit as Judges of the Supreme Court of
Brunei Darussalam. The practice was for Judges of the Supreme
Court of Hong Kong to be appointed as Judicial Commissioners of
the Supreme Court of Brunei Darussalam for a period of three
years. This long standing judicial arrangement with Hong Kong
was officially ended in 1993. However, we have continued to rely
on the services of retired Hong Kong judges to fill appointments
in the Brunei Supreme Court.
It was also the practice for the Chief Justice of Hong Kong to
be appointed as the Chief Justice of Brunei Darussalam. However,
with effect from 15th March, 1988 the former Chief Justice of
Hong Kong Dato Seri Paduka Sir Denys Tudor Emil Roberts, KCMG.,
SPMB., on his retirement as Chief Justice of Hong Kong continues
to be Chief Justice of Brunei Darussalam. The Chief Justice of
Hong Kong Dato Seri Paduka Sir Yang Ti Liang, KBE., SPMB., was
appointed on 24 May 1988 as President of Court of Appeal. He was
President of Court of Appeal until 16 May 1993. 0n 17 May 1993 a
retired Hong Kong Court of Appeal Judge Dato Kutlu Tekin Fuad,
CBE., was appointed as President of Court of Appeal.
The Chief Justice, the President of the Court of Appeal and
other Supreme Court Judges are appointed until the age of 65
years or such later time as His Majesty may approve.
Chief Justice
Justice Mohamed Saied
(appointed 1st August, 2001)
President of the Court of Appeal
Sir Allan Huggins Armstrong
(appointed on 18 September , 2000)
Whilst the Chief Justice is the head of the judiciary, the day
to day administration o is headed by the Chief Registrar. The
Chief Registrar is also appointed as Intermediate Court Judge,
Probate Officer, Official Receiver, Magistrate and Sheriff. As
Chief Registrar he deals with interlocutory applications in
chambers on civil matters before trial in the High Court. As
Probate Officers he grants Probate and Letters of Administration
in non-contentious matters. As Official Receiver, he deals with
cases of bankruptcy and companies' winding up.
The Chief Registrar is also responsible for the administration
of the Judiciary in relation to judicial staff, building
maintenance, office equipment and facilities, etc.
In performing his various duties the Chief Registrar is assisted
by the Deputy Chief Registrar, the Senior Registrars,
Registrars, the Chief Magistrate, the Senior Magistrates and
Magistrates. In order to assist the Chief Registrar, they are
also appointed as Deputy Official Receiver and Deputy Probate
Officer. The Chief Magistrate, Senior Magistrates and
Magistrates are also appointed as Registrars of the Supreme
Court for the same reason. In order to assist the Magistrates,
the Chief Registrar, Deputy Chief Registrar, Senior Registrars
and Registrars are also appointed as Magistrates.
The Chief Magistrate, Senior Magistrates, Magistrates, Senior
Registrars and Registrars of the Supreme Court are also
appointed as Marriage Registrars. The Marriage Registrar
solemnizes and registers civil marriages.
