Malaysia legislation
Article
Article 1959
The interpretations of “Jumaah Majlis Diraja” (Council of the Royal Court)
as defined in (Jeem) and “Dato-Dato”,
“Orang-Orang Kaya” and “Penghulu-Penghulu Besar”
as defined in (Cha) subsitituted for the definitions of “Majlis Mesyuarat Menteri-Menteri”
(Council of Ministers) and “Ketua-Ketua” (Officers of high rank) vide J.G.N. No. 301/1959
w.e.f. 20 April 1959.
The Law of the Constitution of 1895
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(2)
If at any time the lineal descendants of His late Highness
Sultan Abu Bakar should become totally extinct, or if those remaining are found, upon an enquiry held under the circumstances referred to in the second proviso to this Article, to be ineligible, the person eligible to be confirmed as Sovereign shall be one of the male lineal descendants, truly genuine and lawfully begotten, of Almarhum Temenggung Ibrahim.
(3)
Ifat any time the lineal descendants of Almarhum Temenggung
Ibrahim should become totally extinct, or if those remaining are found, upon an enquiry held under the circumstances referred to in the second proviso to this Article, to be ineligible, the person eligible to be confirmed as Sovereign shall be one of the male lineal descendants, truly genuine and lawfully begotten, of
Almarhum Temenggung Abdul Rahman:
Provided that no descendant under Paragraph (1), (2) or (3) of this Article shall be eligible to be confirmed as Sovereign unless he is also the Heir Apparent in accordance with the provisions of Article 7 of this Part:
And provided further that no such descendant shall be eligible to be confirmed as Sovereign if he is considered and determined, after full and complete enquiry by the Supporters of the Country, to have some great and serious defect, derogatory to the quality of a Sovereign, that is to say any infirmity such as insanity, blindness, dumbness or possessing some base qualities on account of which he would not be permitted by the Hukum Syarak to become a Sovereign.
Confirmation of the Sovereign 4.
(1)
On the death or abdication of the Sovereign or the decision to appoint a Successor in the circumstances referred to in Article 12 of this Part, the Supporters of the Country shall meet and shall, subject to the second proviso to Article 3, confirm the Heir
Apparent as Sovereign.
(2)
In the event of the Heir Apparent being found by the
Supporters of the Country to be ineligible to be confirmed as
Sovereign, the Council of the Royal Court shall immediately meet and shall thereupon terminate the appointment of such Heir
Apparent and forthwith appoint one of the other Heirs to be Heir
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Laws of the State of Johore
Apparent whereupon the Supporters of the Country shall, subject to the second proviso to Article 3, confirm him as Sovereign.
Electing as Sovereign ome not a descendant of Abu Bakar,
Ibrahim, or of Abdul Rahman 5.
Supposing a time should arrive when there should not remain a single representative left of the descendants of the three Rulers mentioned in the last Article, or if there should be one, but who does not possess the necessary qualifications required by this
Law and Islamic law, then the matter of choosing, electing, and appointing the Sovereign shall be left to the consideration, judgment and decision of the Supporters of the Country; but it is provided that the person to be taken, chosen, elected, and appointed by them as Sovereign, shall be a man of mature age, sound mind, a real Johore Malay, a subject of the State of Johore, professing the religion of Islam, of freeborn and good blood, and acknowledged to be legitimately and lawfully begotten, and in addition able to read and write his own language, and possessing a reputation, an understanding, a nature, temper, disposition, and deportment that are good and praiseworthy. And should the person taken, chosen, elected, and appointed Sovereign be not of royal blood, it is understood that such a case shall be an exception to the rule laid down in Article 2, and shall be held to be lawful.
Treason of the lower heirs 6.
If the Heir Apparent or other Heirs or any person of the lines of descent mentioned in the several foregoing Articles shall do or shall attempt to do anything or prosecute a plan or scheme of a treasonable nature against a person whose relative position with respect to the throne of Johore is nearer than his own, with intent to effect the destruction of the Member or Members of the royal family of such closer relationship in order that he himself or any other person of his line of descent, or any one of quite another blood may by means or reason or cause of such treasonable act become the Sovereign Ruler, such as for instance the Heir Apparent conspiring against the reigning Sovereign or a descendant more distant from the Throne against a nearer descendant, according to the arrangements provided for in regard to the succession of
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the Sovereign from among the several lines of descent, such an act shall be considered of exceeding wickedness and offence, and the punishment to be inflicted on any person or party so offending shall be such as may be prescribed by law and he or they with all his or their descendants, shall be regarded as having no further right whatsoever to inherit the Throne of Johore, even though the vicissitudes of events under the Divine Will should, as it were, bring the inheritance to them or their descendants. And likewise, such rights, if any, as they may have received from the
State, such as rank and maintenance, shall be stopped and shall revert to the State.
The Heir Apparent 7.
(1)
Upon his accession to the Throne or as soon thereafter as conveniently possible, the Sovereign, acting on the advice and with the concurrence of the Council of the Royal Court, shall choose and appoint from among the descendants, so long as any such descendant shall exist, who by virtue of the provisions of
Article 3 are eligible to succeed him, one to be the Heir Apparent to the Throne.
(2)
The Sovereign may in like manner at any time terminate the appointment of the Heir Apparent and shall, in any such case, as soon thereafter as conveniently may be, choose and appoint, in the manner provided by Paragraph (1) of this Article, another from the said descendants to be the Heir Apparent.
(3)
The Heir Apparent shall, for so long as he holds such appointment, enjoy the title “Tunku Mahkota Johore” (Crown
Prince of Johore).
(4)
If at any time of the death or abdication of the Sovereign or of the appointment of a Successor in the circumstances referred to in Article 12 of this Part, there is no Heir Apparent, the Council of the Royal Court shall forthwith meet and appoint an Heir Apparent from the descendants referred to in Article 3
of this Part if any such descendant still exist.
(5)
The person who is Heir Apparent immediately before the coming into operation of this Article shall continue as Heir Apparent in like manner as if he had been appointed under Paragraph (1)
of this Article.
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Laws of the State of Johore
Sovereign's cath 8.
His Highness at His accession to the Throne, or if He is at such accession under the age of twenty-one years according to Muslim reckoning upon His attaining that age, take the oath prescribed in the First Schedule.
REGENCY
Regency 9.
(1)
There shall be a Regency in the State under the following conditions, that is to say—
(a)
if His Highness is, at
His accession to the Throne, under the age of twenty-one years according to Muslim reckoning;
(b)
if the Council of the Royal Court declares in writing that it is satisfied by evidence which shall include the evidence of physicians that His Highness is, by reason of infirmity of mind or body, incapable for the time being of performing the royal functions, or that it is satisfied by evidence that His Highness is not available for the performance of those functions;
(c)
in the event of illness not amounting to such infirmity of mind or body as is mentioned in the preceding subparagraph, or of absence from the
State of His
Highness;
(d)
in the event of His Highness being elected to the office or for a period exceeding fifteen days exercising the functions of Yang di-Pertuan Agong.
(2)
In the circumstances referred to in subparagraphs (a) and
(b)
of Paragraph (1) of this Article, the Council of the Roya!
Court shall appoint a Regent or a Council of Regency as to it seems expedient to perform the royal functions.
(3)
In the circumstances referred to in subparagraph
(c)
of
Paragraph (1) of this Article, His Highness acting on the advice and with the concurrence of the Council of the Royal Court may,
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in order to prevent delay or difficulty in the despatch of the public business, by Instrument under His Sign Manual and the
State Seal appoint a Regent or Council of Regency to perform such of the royal functions as may be specified therein.
(4)
In the circumstances referred to in subparagraph
(d)
of
Paragraph (1) of this Article, His Highness acting on the advice and with the concurrence of the Council of the Royal Court shall by Instrument under His Sign Manual and the State Seal appoint a Regent or a Council of Regency to perform the royal functions.
(5)
Any appointment of a Regent or a Council of Regency under this Article may be revoked or varied in like manner to that in which it was made and any such appointment shall in any event terminate when the circumstances under which it was made cease to exist or upon the demise of His Highness.
(6)
The appointment of a Regent or a Council of Regency in the circumstances referred to in subparagraph (c) of Paragraph
(1)
of this Article shall not include the power to dissolve the
Legislative Assembly otherwise than on the express instruction of His Highness (which may be conveyed by telegraph).
(7)
Where a Regent or a Council of Regency is appointed to perform the royal functions in the circumstances referred to in subparagraph (d) of Paragraph (1) of this Article, the performance thereof shall not include the functions of His Highness as Head of the religion of the State.