In a significant event for Brunei’s judiciary, Deputy President of the Supreme Court of the United Kingdom (UK) Lord Patrick Stewart Hodge, delivered a lecture on February 27, examining the legal relationship between the Sultanate and the Judicial Committee of the Privy Council (JCPC).
Addressing an audience of legal professionals, including members of the judiciary, the Attorney General’s Chambers, and the Law Society of Brunei Darussalam, Lord Hodge reflected on the longstanding legal ties between Brunei and the JCPC. He highlighted its ongoing role as the Sultanate’s final appellate court for civil cases.
Lord Hodge’s visit – the first by a senior UK Supreme Court and JCPC member to Brunei – was both historic and a reflection of the longstanding judicial cooperation between the two nations.
Welcoming Lord Hodge, Chief Justice of the Brunei Supreme Court Dato Seri Paduka Steven Chong Wan Oon highlighted the importance of these legal ties, noting that they help ensure Brunei’s judicial system remains aligned with international standards.
Acting Chief Registrar Hajah Hazarena binti POKSJ DP Haji Hurairah echoed this view, emphasising that Brunei’s access to the JCPC strengthens the legitimacy of its legal framework, bolstering investor confidence and judicial integrity.
A LEGAL LEGACY: BRUNEI’S CONTINUED RELATIONSHIP WITH THE JCPC
Lord Hodge took the audience on a historical journey, revisiting the pivotal moment of June 27, 1989, when an exchange of notes between Brunei and the UK formalised the JCPC’s jurisdiction over civil appeals.
Under this agreement, cases can only be escalated to the JCPC if all parties involved consent in writing before reaching Brunei’s Court of Appeal. This arrangement, Lord Hodge explained, strikes a balance – allowing Brunei to benefit from the expertise of one of the world’s most established judicial bodies while safeguarding its sovereignty in criminal and constitutional matters.
“This ensures that Brunei continues to uphold the rule of law while retaining full autonomy over its legal system,” he remarked. By restricting JCPC jurisdiction to civil cases, Brunei maintains control over its criminal and constitutional laws while drawing on the JCPC’s rulings as valuable precedents.
JUDICIAL DECISIONS AND THEIR RIPPLE EFFECT ON THE ECONOMY
Beyond its role in legal interpretation, Lord Hodge highlighted the JCPC’s far-reaching influence on economic stability and business confidence.
In a separate keynote lecture titled ‘The Impact of the Supreme Court on the Wider Economy’, he elaborated on how judicial clarity and consistency contribute to economic growth. “The court’s influence extends beyond courtrooms – it reaches boardrooms, policymakers and even consumers,” Lord Hodge noted, explaining that well-established legal frameworks provide certainty for investors, fostering a stable business climate.
The lecture, attended by 125 participants in person and 27 more online from Indonesia, Malaysia, and Singapore – including Malaysia’s Chief Justice Tun Tengku Maimun binti Tuan Mat – reinforced the idea that a robust judiciary plays a pivotal role in national economic development.
Dato Seri Paduka Steven Chong further emphasised this point, stating that referencing JCPC rulings enhances Brunei’s legal credibility, making it a more attractive destination for investors and businesses. Lord Hodge’s visit was not just about lectures; it was also about strengthening judicial cooperation.
A bilateral meeting with Dato Seri Paduka Steven Chong explored avenues for collaboration, including refining civil appeal procedures to the JCPC, leveraging technology in court proceedings, and enhancing judicial education and training.
STRENGTHENING JUDICIAL COOPERATION FOR THE FUTURE
Judicial Commissioners Haji Abdullah Soefri bin POKSM DSP Haji Abidin and Muhammed Faisal bin PDJLD DSP Haji Kefli, along with Attorney General Datin Seri Paduka Hajah Nor Hashimah binti Haji Mohammed Taib and members from her Chambers, and the Law Society attended the event.
Brunei’s relationship with the JCPC reflects its commitment to a strong and independent judiciary, ensuring alignment with international best practices while preserving its legal traditions.
A COMMITMENT TO JUDICIAL EXCELLENCE
Lord Hodge’s visit highlighted this balance, offering insights into the JCPC’s role and Brunei’s ongoing engagement with global judicial expertise.
As the nation refines its legal framework, this partnership remains vital to judicial integrity and excellence.
The visit reinforced appreciation for the JCPC’s role in Brunei’s legal system, underscoring its importance in upholding consistency, fairness and legal refinement. – Rizal Faisal
