The Role of the State Council in Brunei (1)

Department of History, National University of Singapore

"Manufacturing Consensus": The Role of the State Council in Brunei Darussalam
Author(s): B. A. Hussainmiya
Source: Journal of Southeast Asian Studies, Vol. 31, No. 2 (Sep., 2000), pp. 321-350
Published by: Cambridge University Press on behalf of Department of History, National University
of Singapore

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Journal of Southeast Asian Studies 31, 2 (September 2000): 321-350
? 2000
by National University of Singapore

Consensus":

"Manufacturing

The Role of the State Council

in Brunei Darussalam

B.A. HUSSAINMIYA

Brunei Darussalam

Universiti
Introduction

A state council was formed in Brunei following the introduction of the British Residency
of a
system in 1906.1 The Council provided a constitutional basis for the management
not
the
under
Similar
but
Crown.
state
administered by British officers,
directly
protected
bodies had been already set up in the Peninsular Malay States under British rule to assist
the British Residents.2 First convened in June 1907, the Brunei State Council

functioned for almost half a century until September 1959, when Sultan Omar Ali Saifuddin
III (r. 1950-67) promulgated the Brunei Constitution, which replaced itwith new legislative
arrangements. Largely a British colonial creation, the State Council was substantially
different from the executive and legislative councils that were a standard element of
Crown Colony Government. Brunei was not a colony, and the Ruler never gave up his
and advise

sovereign rights. On the other hand, the State Council played a notable role in buttressing
the semi-colonial
supremacy of the British administration under the Residents of Brunei.
Sir Frank Swettenham, an early British Resident inMalaya found in the State Council
a "great safety valve".3 When
the alien British rule supplanted the traditional authority
of the Sultans, State Councils provided the resentful Malay ruling class with a forum of
consultation other than the customary audience with the Ruler attended by his personal
thus helped to smooth the way for Residential
State Councils
advisers. The Malayan
to the local elite to represent their views. As
administration while giving opportunities

Swettenham admitted, ".... theMalay members from the first took an intelligent interest
in the proceedings
[sic],
[of the State Council], which were always conducted inMalay
seat
is much coveted and highly prized".4 A recent historian has
in the Council
and
observed that the State Councils established in the Malay peninsula aimed at bringing
"both Malay district chiefs and also China headmen" into the consultation process.5
Brunei followed the example of the State Council models created in Selangor and
Perak in 1877, and in Negeri Sembilan in 1889. From their inception, the Malayan State

'For details
of Hull

Centre

in Brunei,
V.M. Horton,

The British Residency
see, Anthony
for South-East
Asian
Studies
Occasional
6,
Paper No.

1906-59

(Hull: University

1984).
the White
Rajah,

in Sarawak,
where
James Brooke,

in the region was
such body
2The earliest
or his deputy,
a senior administrator
of the Rajah
set up a Council
of State in 1855. Comprised
and
on major
once
a month
to advise
But
the
decisions.
it met
the Rajah
three or four Malay
Datus,

SC in Brunei followed the model set in motion by the British in the Federated Malay
(Selangor and Perak in 1877 and Negeri Sembilan in 1889).
3Frank
in Malaya

Swettenham,
(London:
p. 227.

4Ibid.,
5John M.
(Singapore:

British
George

Rulers
Gullick,
Oxford

University

An Account
Malaya,
of
Allen
and Unwin,
1906),
and Residents:
Press,

1992),

Influence
p. 39.

the Origin
p. 226.
and Power

and Progress

in the Malay

321

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of British

States,

States

Influence

1870-1920

322

B.A.

Hussainmiya

besides passing vital State legislation, also dealt with a good deal of routine
such as the appointment of penghulus
(village chiefs) and khadi (religious
the
of
allowances
and
official),
awarding
political
building grants, and the confirmation
of death sentences and review of petitions for remission of penal sentences. The Residents,
as far as possible, sought the consensus of the local elite when making significant changes
to customary practices. Though such occasions were rare, and the Residents could always
local opinion.

push reforms through, it was not an easy matter to mollify

Councils,
business,

State Council performed almost identical functions but on a more limited
the
small size of the State. Brunei was seen as a backward state when British
scale, given
administration first began. Those colonial officials who had been to Brunei in the late
nineteenth century observed that there was no system of government in theWestern sense
of the term, but only private ownership. Moreover, Brunei had few qualified people to assist
the colonial administration in setting up a new system. Thus, in the early stages, the State
Council only met briefly to transact such business as there might be, since the Residents
The Brunei

felt themeetings were not very productive. In the words of the Resident in 1909, "Meetings
of the Council are but rarely necessary or advisable in the present state of Brunei. Their old
age precludes the presence of the Pengirans, Bendahara and Pemancha, and the attitude of
the other leading nobles shows that as yet they are incapable of forming any opinion for
the discussion of which might tend to the benefit of the country."6
State Councils were active bodies where men of
By comparison, the early Malayan
matters
sat
substance
and discussed
affecting their State, and the meetings were marked
by pomp and ceremony. The Malayan Rajas and their nominees in the State Council took
themselves,

their roles seriously. For example, the minutes of the Perak State Council show that for
the first five years, from 1877 to 1882, the local members opposed vehemently measures
such as the elimination of debt-bondage and the imposition of taxes on theMalay population
introduced by the British Government.7 Until the 1950s, the Brunei State Council was an
effete body, giving the Resident more authority than he would have wielded in theMalay
States,

and

opposition

voices,

if any,

were

very

muted.

At

most,

the Bruneians

resorted

to tactics of prevarication when they considered certain legislation inimical to their interests.
in 1909, the State
the formation of the Federal Council
In the peninsula, following
Councils lost vitality as a focus of administration, and increasingly handled only routine
affairs. In contrast, the final phase of the history of the Brunei State Council after 1950
became more lively and remarkable in that the British administration was challenged at
in the Council.
turn by a vocal membership
itmust be noted
Although the Brunei State Council was modelled on those of Malaya,
an
to
at
arrive
that Brunei already had
assembly of local potentates
important decisions.
the Brunei chronicle, refers to a daily
For example, The Silsilah Raja-raja Brunei^
at
the Sultan's audience hall (Lapa?). Under
assembly of noble and non-noble officials
every

the traditional political system the Sultan required the assent of his subordinates when
British observer has
for the state. As a nineteenth-century
serious decisions
making
stated, "Neither in theory nor practice is the Sultan despotic: he must consult on all great
occasions with his chief officers, and all important documents should bear at least two

^Brunei

Annual

7See Gullick,
8"Silsilah

(henceforth
Report
Rulers
and Residents,

Raja-raja

Berunai",

BAR),
p. 43.

ed. Amin

1909,

Sweeney,

p. 6.
Journal

of

the Malayan

Branch

Asiatic Society (henceforth JMBRAS) 41, 2 (1968): 35-37.

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of

the Royal

323

in Brunei Darussalam

The State Council

of their seals."9 It is not known who actually might have participated in the decisions
at the assembly or which officials were included in the assembly. A British official
visiting the kingdom at the end of the nineteenth century has noted that the viziers
"declined to take any part in the Council as they found their advice disregarded...."10 By
reconstituting an old advisory body, the British had formalized the duties and responsibilities

made

of the Brunei State Council. Thus in his dispatch to the Colonial Office, the first Resident,
McArthur, could write "by the recognized constitution of Brunei all matters affecting the
State as a whole were under the control of the State Council, presided over by the Sultan".11
Although a consultation process was part of Brunei tradition, the State Council formed
the British administration went beyond the principle of consultation. The major
lay in the presence of a powerful foreign advisor during the proceedings of the
Council. In essence, the Council served the needs of the Resident, who needed to elicit local
in the traditional consultative bodies the Pengiran Bendahara or other
opinion. Whereas
under

difference

leading local potentates guided the proceedings with the Sultan at the helm, now the
initiative to summon and to conduct the sessions lay solely in the hands of the Resident.
With the backing of the Imperial Government,
and armed with an omnipotent "advisory
clause" in the Supplementary Agreement of 1905/1906, the Resident controlled the Council.
The primary objective of this paper is to throw some light on the functioning of the
State Council in Brunei, a subject hitherto not examined in any detail. In contrast with
Malaya, where such minutes have long been available for public scrutiny, few scholars
have had access to the Brunei State Council minutes. Second, this essay seeks to examine
how and why the Brunei State Council changed from an organization that served as a
"rubber stamp" for the Resident's administration into a body that enabled local members
to dominate affairs of state during the post-war period. During its last decade, from 1950
until 1959, the State Council
of Brunei proved a major hindrance
to the British
administration. The very ambiguity of the functions of the State Council, formerly a
source of strength to the Residents, was now successfully exploited by the Brunei ruling
elite, which used it to bring about a near breakdown of the British administration.
Background

Brunei became a British Protected State in 1888, while a Supplementary Treaty of 1905/
for the appointment of a British Resident whose advice was binding on the

1906 provided

9Quoted
Seri

(Bandar

10Foreign

Brunei:
The Structure
and History
Brown,
Malay
of a Bornean
Brunei
Museum
Journal
No.
2,
1970), p. 94.
Begawan:
Monograph
to Marquis
of Salisbury,
2 Apr.
Office
1986, f.115,
(FO) 12/96, Trevenen
in D.E.

Sultanate

quoted

in

ibid.

nCO (Colonial Office) 531/1, McArthur to Colonial Office, 5 Sep. 1907, f. 337; quoted in ibid.,
p.

94. McArthur

recommending
in Brunei
in

saved
the

Brunei

introduction

from
of

extinction

the Residential

a well-balanced
in 1904
by writing
report
the first Resident
system. He not only became
of the dying
out British
Sultan
by carrying

the confidence
1906, but also won
reforms
much
without
generating
sponsored
opposition.
a British Officer,
to be styled Resident,
will
receive
12"His Highness
for him. The Resident
be the Agent
and Representative
residence
will
under
Government
the High Commissioner
for the British
Protectorate

and will

provide
of his Britannic
in Borneo,

and

a suitable
Majesty's
his advice

be taken and acted upon on all questions
in Brunei,
other than those affecting
the Mohammedan
to that existing
in order
that a similar
be established
in other Malay
States
system may
religion,
now under protection"
see Bachamiya
For the full version
Abdul
added).
(emphasis
Hussainmiya,
and Britain:
The Making
Sultan Omar Ali Saifuddin
Oxford
(Kuala Lumpur:
of Brunei Darussalam

must

University

Press,

1995),

Appendix

5, p.

394.

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324

B.A.

Hussainmiya

local Ruler on all matters except Islam.12 This Treaty made the Resident the most powerful
official in the Sultanate. As in British Malaya, the Resident arrogated to himself wide and
undefined administrative powers, and day-to-day administration of the State effectively
passed into the hands of the British Resident, who had simply become "the Government,
to an extent far more than had been the case with the Sultan in the nineteenth century".13
The Resident's powers extended to virtually every branch of the government's executive,
judicial and legislative sectors. As an observer from the Colonial Office put it, the Resident
was

for all practical purposes "the Sultan's Prime Minister and Chief Justice combined".
The Resident appointed the four District Officers, and they were responsible only to him.
Even the appointment of most of the traditional officials (Penghulus and Ketua Kampong)
came under his purview. Above all, he was the major figure in the State Council.
(For
a list of the Residents who served in Brunei, see Table 1.)
TABLE 1
LIST OF BRITISH RESIDENTS, BRUNEI
Jan.

Apr.
Sept.
Nov.
Nov.
Jan.

1908-Sep.
1909-Nov.

M.S.H.

J.F. Owen (1869-1942)
B.O. Stoney (71882-1910)
H. Chevalier (71860-1923)
Datuk* F.W. Douglas (1874-1953)
E.B. Maundrell (1880-1916)

1915
1916

1915-May

May

1916-March 1921

Mar.

1921-Feb.

Mar.
Feb.

May
Jan.
Sept.
Oct.

Sir G.E.

1923

L.A.

1923-May

1928

Dato'*

1926-May

1927

O.E.

1928-Sept.
1929-Aug.
1931-Oct.

McArthur

1908
1909
1909

1913-Jan.

(1872-1934)

H. Chevalier (71860-1923)

1913

1909-Nov.

McArthur

M.S.H.

1907

1906-Dec.

1907
May-Dec.
Dec.
1907-Apr.

1906-1959

1931

(1872-1934)

O.B.E.

E.E.F.

C.M.G.

McKerron,

R.J.F.

1934

T.F. Carey (1903-1966)

Curtis,

1934-Jan.

1937

Sir R.E.

Jan.

1937-Jan.

1940

J.G. Black (b. 1896)

Jan.

1940-Dec.

(b.

K.C.M.G.

Turnbull,

Pengilley,

C.M.G.

K.B.E.,
P.J.K.

Datuk

E.E.

(1891-1967)

(1891-1960)

1929

1941

(1884-1973)

(1888-1971)

Pretty,

Venables

Sir P.A.B.

C.M.G.

K.B.E.,

Cator,

Allen,

E.D.

(b.

Peel,

Kt.,

(1896-1964)

1897))

(1905-1960)

1897)

Interregnum

July 1946-Jan. 1948
1948
Jan.-Aug.
1948-June
Aug.

Dato'

1951

June 1951-June 1953
June 1953-July 1954
Oct. 1954-July 1958
July 1958-Sept. 1959
Note:

*Datuk

13Brown,

Dato'

A Bornean

E.E.F.

Pretty,

Barcroft,

D.H.

Dato'

Malay

Sir DC.

given

by

Sultanate,

C.M.G.
White,

(b.

D.K.,

a Malay(si)an

(b.

1912)

(1891-1967)
O.S.S.

(1908-1958)

1907)

D.P.M.B.,
(b.

D.S.N.

1909)

C.M.G.

C.M.G.,

Trumble,

J.O. Gilbert,

D.S.L.J.,
(b.

C.M.G.

J.O. Gilbert,

a title

denotes

C.M.G.

Davis,

J.C.H.

Dato'

1954

July-Oct.

Sir W.J.

L.H.N.

P.J.K.,

O.B.E

(b.

1902)

1907)
K.B.E.,
State;

C.M.G.,
Dato'

P.H.B.S.

(1906-1983)

a Brunei

honour.

O.S.S.,
indicates

p. 95.

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of the State Council

The actual functions
a convenient

to be

325

in Brunei Darussalam

The State Council

to

instrument

had never been

spelled out, and it proved

consensus"

"manufacture

the

among

ruling

elite

for

major decisions pertaining to the running of the State. It was the Resident who fixed the
agenda, and he had coercive powers that allowed him to push through legislation in
accordance with the desires of the Imperial authorities. In the State Council, all the
actions of the British Resident were justified and legitimized in the name of the Sultan,
the supreme and sovereign ruler of Brunei. All the Council decisions were codified as
whether or not the Sultan had been present during the
decisions of the Sultan-in-Council,
deliberations.
Instruments of government and documents of title bore the Sultan's seal.
were issued in his name, having been drawn up in the
Regulations and Orders-in-Council
Resident's office and presented to the Sultan for formal ratification.
The historians of Brunei who have studied the semi-colonial status of the state during
this period have focussed more on describing the powers and functions of the British
Resident than on explaining the instruments of his authority. The State Council is generally
about his days as an Acting
portrayed as the handmaiden of the Resident.14 Reminiscing
Resident in the 1940s, R.N. Turner wrote, "The State Council was nothing more than a
rubber stamp.... [I]n the only one I attended it was all over in ten minutes."15 A similar
remark was made by a later Resident, D.C. White, who remarked that "administration was
completely in the hands of the British Resident", and the State Council "a rubber stamp".16
Donald Brown has argued that "the form of the Sultan and the Council as the highest
deliberative unit of the State was retained, but it had no substance other than the authority
such observations were true only for the first half of the
of the Resident".17 However,
twentieth century when Brunei had lagged behind in economic and social developments,
and during the 1950s the situation had changed dramatically with the rising prosperity of
Brunei, and the accession to the throne of a clever Sultan determined to take control of his
state. For a list of the Sultans who reigned during the State Council period, see Table 2.
TABLE 2
BRUNEI: LIST OF SULTANS DURING THE RESIDENCY ERA (1906-1959)
25 May
26 May
27

1885-May

Sept.

1906

1906-Sept.
1924-June

Sultan

Sir Mohamed

1950

Sir Ahmad

28 June 1950-Oct. 1967*

Akamudin

Jamal-ul-Alam
Akhazul

Tajudin,

(c.

II C.M.G,
Khairi

1824-1906)

K.C.M.G.

Wadin

C.M.G.

(71889-1924)
, K.B.E.

(1913-50)
Sir Haji Omar Ali Saifuddin III, Sa'adul Kahiri Waddin C.M.G.,
G.C.V.O.

K.C.M.G.,
Note:

Jalil-ul-alam

Hashim

1924

(b.

1914)

*abdicated.

14The general
Residents

enjoyed

impression
unfettered

created

is that

authority

over

the Brunei

SC

the protectorate's

remained
affairs.

a lacklustre
According

the
body while
to Horton,
"once

the British Residential System had become fully established [i.e. by the end of 1910], the SC
became

little more

15Personal

than

a rubber

Communication

stamp
to A.V.M.

for

the Resident"

Horton,

cited

British
p.
(Horton,
Residency,
in his "The Development
of Brunei

137).
during

the Residential Era, 1906-1959, A Sultanate Regenerated" (Unpublished Ph. D. Thesis, University
of Hull, 1985), p. 137.
16CO1030/1038, "Political situation inBrunei [1962]", report by D.C. White toLord Landsdowne,
15 Aug. 1962.
17Brown,

A Bornean

Malay

Sultanate,

p. 94.

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326

B.A.

Hussainmiya

There were marked changes in the political attitude of the local elite during the post
war period. Sultan Omar Ali Saifuddin III (r. 1950-67) used the State Council to challenge
the supremacy of the British administration. When that happened, the Brunei State Council
system became a major obstacle to British efforts to democratize the country's institutions.
In short, the State Council happened to be in the centre of controversies
surrounding the
manoeuvres
to
dominate Brunei politically, and the struggle of local forces to
British
transfer

to

power

themselves.

and Functions

Composition

far as can be determined, the first meeting of the Council took place on 29 June
1907. The first order of business was to approve a list submitted by Pengiran Bendahara
of members who had a "constitutional right" to participate in the proceedings. Over the
years, the composition of the Council varied considerably. Table 3 shows the membership
As

at various

in

points

time.

TABLE 3
COMPOSITION OF THE BRUNEI STATE COUNCIL FROM 1907 UNTIL

H. H.

The

19 Feb. 1915

23 Sept. 1913

29 June 1907
H. H.

Sultan

The

1955

H.

Sultan

H.

The

Sultan

The British Resident

The British Resident

The British Resident

Pg.Bendahara

Pg Bendahara
Pehin Orang

Pg.

Pemancha

Pg.

Bendahara

(Muhammad Pg Tajuddin)
Pemancha

Pg.

Pg. Maharaja
Indera

Pehin

(bin

Orang

Pg

Pehin

Pehin

Perdana

Luar

Dalam

Jawatan

(Hj. Mohd.

Laxamana

Hussain)

The Dato Patinggi (Abang Arip)

(Haji Nuruddin)
Dato

Jawatan

(Awang Ahmad)

Suma

Jambul)

Kaya

Di-Gadong

(Hj.Mohd. Daud)

Leila

Pg. Shahabandar (Pg Anak Ismail)
Pg. Kerma
Imam
Tuan

Kaya

Menteri

(Hj. Abd. Rahman Hj. Othman)
Pehin

H.

H.

Jawatan

Dalam

22 Dec.

1921

The

(Abubakar)

18March
H.

Sultan

H.

The

H.

Sultan

The British Resident

The British Resident
Bendahara

Pg.

Bendahara

Pg.

Pemancha

Pg.

Pemancha

Pg.

Shahbandar

Shahbandar
Pengrian
Pehin Orang
Kaya Di-Gadong

Pehin

Jawatan

(Awang Ahmed)
Pehin

Luar

Pehin MahaRaja di Raja
Pehin

Dato

Pehin

Perdana

Orang

H.

The

1940

Sultan

The British Resident
Pg. Shahbandar
Pehin Orang
Kaya

Pg.

Pg.(Ismail Apong)
Pg. (Tajuddin Hitam)
Pg. (Petra)
Pg. (Sabtu)

28 October

1936

Kaya

Di-Gadong
Bendahara

Pg.
Pg

Laxamana

Pehin Siraja Khatib
Pehin Kapit?n China
(Ong Boon Pang)

Penmancha

Pg. (Besar Bagol)
Pehin
Inche

Dato

Shahbandar

bin
Awang
Mas
Hanafiah

Sei Maharaja
Wangsa

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TABLE 3 (continued)
22 Dec.

18March

1921

28 October 1940

1936

Shahbandar

Pehin Orang Kaya
China
Kapit?n
Pehin Orank Kaya

Laxamana

Pehin Siraja Khatib
Dato

Pehin

Imam

Pehin Udana Khatib
Khatib (Abdullah)
28 April 1942

H. H.

The

The
Pg.

Rahman)

Tengah

[later Sultan Omar Ali
Saifuddien III]

Pehin

Orang
Kaya
(Mohd. Yusuf

Pg.

Mohd.
Pg.

(Muda Hashim bin
Pg. Anak Abdul Rahman)

Jahfar)

Kerma

Indera,

Pg. Piut)
Kapit?n

Mohd.

Hussain)
Dato
Shahbandar

China

(George

Pemancha

(HajiMohd. Alam bin
Pg. Anak Abdul Rahman)
Pg. Maharaja

Leila

(Pg. Anak Abdul
Kahar

bin Pg. Yassin)

Pg. Haji Mohd. Sallen

(Pg. Mohammed

Di-Gadong

Bendahara

Pg.

Pehin [U]dana Leila
Inche (Ibrahim bin

(Pg. Anak Hashim)
Chief Kathi
(Pg. Hj. Mohd. Sallen)

Pehin

Shahbandar

Di-Gadong

Shahbandar

Pg.

Pemancha

Pg.

(Pg. Haji Mohd.
Sallen)
Pehin Orang Kaya

Yassin)

Pg. Muda

Pg.

Sultan

The

The British Resident

Bendahara

Chief Kathi

(Pg. Anak Haji
Mohd.

Treasurer

State

H. H.

(Pg. Muda Tengah)

Bendahara
Abd.

Sultan

The British Resident

(Haji Abdul Halim
Abdul Rahman)
(Pg. Anak
Pg. Pemancha

The

H. H.

Sultan

Bagol
Pg. Besar
Dato
Perdana Menteri

Pg.

28 February 1955

6 April 1948

(The Japanese Period)

Newn

Ah Foott)

Pehin

Orang

Di-Gadong
Pehin Dato

Kaya
Perdana

Menteri

(Ibrahim bin Jahfar)
Brunei

Petroleum

Company

Representative
The State Treasurer

Kapit?n China
(George Newn Ah Foott)

(Abang Seruji Abang
Haji Thaha)
Inche Awang bin
Mas Haji Hanafi
Private

Secretary

to the Sultan

(Hasan bin Mohd.
Kulap Mohammed)
Brunei

State

Secretary

(Mohd. Ibrahim Jahfar)
Notes:

Pg.=

Pengiran

(Brunei

Nobles)

Hj= Haji
Pehin

(highest

title

given

to non-nobles)

Sources: BA/FC/RBM/57, Minutes of State Council from 29 June 1907 to 31 August
BA/1249/1983 (SUK Series 3, Box No.95), Minutes of the State Council.

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1949;

328

B.A.

At a meeting held
at
in the membership
certain definite rules
produce a satisfactory

Hussainmiya

in December
1925, the Resident (E.E.F. Pretty), irked by increases
the behest of the Sultan, "expressed surprise whether there were not
as to the constitution of the Chamber".18 The Regents could not
answer, and according to the Council minutes, they "appeared very
and agreed to consult each other".19 The matter came up again in

hazy on the matter,
April 1927, when the Council was asked to ratify a decision made by the Resident and
seem to have been
to reduce the size of the Council. Members
the High Commissioner
to
and
the
raise the issue in
continued
with
the
unhappy
change,
principal Pengirans
the
number
fixed
in
1927 remained in effect until
subsequent meetings.20 Nevertheless,
and the State
the early 1950s, when the Brunei Shell Petroleum Company Manager
seven
were
from
the
District
Treasurer
added. In 1954,
Malay members chosen
Advisory
Councils

to attend

began

as

meetings

"Observers".

in the Council brought prestige and gave high recognition to the local
Membership
dignitaries appointed by the Sultan. Thus in 1920 the Sultan conferred the title of Dato
Shahbandar and a seat in the State Council upon aMalay magistrate
(Dato Abang Seruji)
in recognition of his good work.21 Council membership was also accorded on a personal
basis independent of the office one held in the hierarchy. For example, Pengiran Muda
Tengah (later the Duli Pengiran Bendahara, and then Sultan Haji Omar Ali Saifuddien III,
the 28th Sultan) was appointed a member by name on 7 August 1947, as was the Chief
Sallen bin Pengiran
Shahibul Mai Pengiran Haji Mohammed
Kathi (Pengiran Di-Gadong
whose appointment took effect from 20 July 1941. The Sultan made
Haji Mohammed)
There was no
the nominations after consulting the Resident and the High Commissioner.
or
resignation, although
specified period of tenure for members, who served until death
that the Sultan could remove members with the
there was an implicit understanding
approval of the High Commissioner.
The conduct of the Council, like most other aspects of government in theMalay states,
was established by practice and not by proclamation.22 Initially conceived as an advisory
the State Council came to perform additional functions as the
body of the Resident,
occasion demanded. These functions encompassed
legislative, executive and in certain
cases,

judicial

matters.

as

Interrelated

these

functions

no

were,

serious

problems

arose

as

long as the Resident was in full control of the administration of the State. Only when the
a forum to debate and criticize
the actions of the British
became
State Council
as
will
be discussed in the final
administration in the 1950s that complications
emerged,
part of this paper.
office drafted legislation,
The Council passed the country's laws, but the Resident's
for approval before being
office in Malaya
which went to the High Commissioner's
submitted to the State Council for assent. All legislation continued to go through the High
until 1 April 1948; thereafter enactments went to Kuching for approval
Commissioner

Memorandum
18R.H. Hickling,
Museum
p. 34.
Library),
19Ibid.

upon

Brunei

Constitutional

History

and

Practice

(typescript,

University

of Malaya

Brunei

20SCM,

16 Mar.

2lBAR,

1920.

1936.

The Protected
Sadka,
22Emily
Press,
1968),
p. 184.

Malay

States,

1874-1895

(Kuala

Lumpur:

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329

in Brunei Darussalam

The State Council

for Brunei. That
because the Sarawak Governor now doubled as the High Commissioner
such approval was always regarded as necessary
is indicated by the fact that on 12
January 1925, a measure previously passed by the Council was re-enacted by the Attorney
General of the Straits Settlements, who first redrafted the Enactment. Thus, the authority
and the Secretary of State for the Colonies
of the High Commissioner
superseded the
an
to
of
the
which
lacked
Order-in-Council
Council,
powers
authority
reject
imposed by
the local members of the Council silently protested against
the Crown. On occasions,
such measures. For example, in 1951, reluctant Brunei members passed the Superior
Courts (Authorization) bill, on which much correspondence
had passed between the
authorities, at the eleventh hour after receiving an ultimatum from
The British Government wanted to introduce a uniform judiciary service in
all the British Borneo Territories of Sarawak, North Borneo and Brunei, and on 14November
1951 the British Crown passed the legislation to coincide with the proclamation of the
Order in Council to take effect simultaneously in all three Northern Borneo territories. An
irritated Resident, feigning illness, stayed out of the proceedings on that day to show his
Sultan and the British
the Resident.

displeasure against the delaying tactics of the Brunei Malay members of the Council.23
Until the late 1940s, all Enactments were drafted in English. The Resident was obliged
to explain elements of legislation to the mostly non-English-speaking
local members.
It
is doubtful how many of the Malay members
would
have
understood
the
actually
once they did understand, the
significance of certain legislation in English. Nevertheless,
members treated controversial legislation with characteristic wariness, particularly when
it affected the customary laws of the country in respect of land or religion. Before the
need for written laws existed in the pre-residential period, Brunei's political system was
largely determined by custom and precedence. The Brunei Annual Report of 1908 aptly
summed up the situation.
The

consideration

a State

where

the members
personal
Apart

of proposed
laws by His Highness
the
Sultan
and chiefs were
formally
appear

interests

from

to consider

evidently

the Enactments,

all

suspecting
annual

unto

the proposals
solely
that these may
be
estimates

of

is an

in Council
laws

revenue

innovation

in the
adversely
and

light

in

At

themselves.
of

present
their own

affected.24
expenditure

were

also

tabled in the Council. The minutes of 22 December
1922 contain the first mention of
this practice, which limited the powers of the Resident
to spend State money; for any
expenditure in excess of the sanctioned allocations, he had to seek approval. For instance,
in February 1935, the State Council approved a gift of $500,000 to the United Kingdom
"for imperial defence", and another gift of $100,000
for the same purpose in June
to help defray
1938; in April 1940 the Council approved the use of a further $100,000
"to the cost of war". The State Council also approved two massive
loans to Malaya,
a sum of $40,000,000
in 1953,25 and another $100,000,000
in 1958.26 In the latter case,

23BA/Microfilm No. 5/1979, Accession No. 1282, SCM, 1949-56. The bill was to be passed in
the British parliament as the Order in Council of the British monarch.
24BAR,
25SCM,
26These
the exchange

1908, p. 7.
3 Nov.
1953.
figures
rate

are
for

in Malayan
the Straits

the period
dollars;
during
Dollar
before
the Japanese

in question

$1 = 2s. 4d.,

Occupation.

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the same

as

330

B.A.

Hussainmiya

the initiative came from the Sultan who, being in a stronger position by this time,
overlooked
certain procedural technicalities,
thus incurring matters the displeasure of
the Colonial Office.
As the fortunes of the kingdom improved in the late 1940s, fed by an influx of oil
derived wealth,
the work of the State Council became more onerous, and a finance
committee was appointed to handle complicated financial procedures and to review requests
from the palace for special expenditures. Formed in 1950, the Finance Committee was
headed by the State Treasurer (a European Officer) and included two other members of
the State Council. One of the Committee's
purposes was to "examine all proposals for
the expenditure of public money in the forthcoming year and to record their approval or
disapproval and in the latter case to state their reasons".27 By contrast, theMalayan State
to deal with the immediate
Council
formed small executive
committees
tasks of
were
in plenary session.
government, and estimates
rarely tabled before the Councils
As the business of government
the Residents'
role became
grew more complex,
somewhat circumscribed. The State Council demanded a share in making
important
a development which did not please the
decisions hitherto handled by the Resident,
British administration. Thus, in 2 December
1940 the State Council forced the Resident
to agree to submit for approval all appointments for the Brunei Administrative
Service
and other appointments carrying a salary of at least $150 per month, "subject always to
the right of the Resident, when the exigencies of the service so require, tomake temporary
or acting appointments to any of the posts mentioned". This principle was later extended
to require the Council's approval for all secondments from Sarawak under the Sarawak
Brunei Public Service Agreement of 22 April 1948. From 30 September 1952 onward, the
Council approved revisions of salaries and allowances.28 Subsequently,
other matters
relating to the appointment and transfer of government servants, pensions, land alienation
and

so

on

became

routine

business

on

the Council's

agenda.

In the judicial sphere the State Council acted from time to time as a Supreme Court
of Appeal whose purview included religious matters. On 29 July 1940 the Council overruled
an officer whose appointment required the Sultan's
a decision by the Chief Kathi ?
confirmation.29 The Council sometimes went into detailed discussion of individual offenders
who violated the customary law (adat). The Sultan Jamalul Alam on one occasion referred
to a complaint made by a Pengiran whose sister had been carrying on an affair with a
to the Ulun (debt-slave) class.30 In the same meeting His Highness
person belonging
case
of a woman who had committed adultery and was unable to marry
raised another
her companion under the new Muhammadan Laws Enactment, and the Resident authorized
the Council to hear the case on appeal. As the prerogative to punish or pardon capital
offenders lay with the Sultan, death sentences such as that passed on a Sikh who murdered
E.B. Maundrell
in 1915 also received confirmation in the Council. In short, the
acted as the highest Court of Appeal until the approval of the Superior Courts
(Authorization) Enactment.

Resident
Council

27BA/Brunei
2*SCM,

30

Resident's

29SCM,

Sep.
26 Dec.

30SCM,

9 Dec.

Notification

No.

54

of

19 May

1950.

1952.
1939.
1915.

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331

in Brunei Darussalam

The State Council
Local Reaction

Before the 1950s the Resident's administration attempted as much as possible to reach
a consensus on decisions at the State Council level. A number of Residents seem to have
in the
towards the ruling class, and the local members
acted highhandedly,
especially
Council had little option but to yield to the dictates of the British administration. Lacking
the

capacity

to voice

their

to unpopular

resistance

the members

measures,

resorted

to

tactics of 'silent' opposition. The following discussion highlights some special instances
to British actions.
where the local power elite reacted unfavourably
its
of
the
of
the Brunei State Council's activities
existence,
pace
During
half-century
grew slowly in tandem with
Sultanate. The early Residents
treat the Sultans who chaired

the expanding political and economic
importance of the
had little reason to take the State Council seriously or to
it deferentially. There were several reasons for this. First,

the early British administrators had to revive a dying Malay kingdom. In 1906, Brunei
was a virtually bankrupt state waiting to be partitioned or annexed by the neighbouring
of the "White Rajah" Brooke in Sarawak and the British North Borneo
governments
Company inNorth Borneo. Funds were needed to pay the administrative costs and to turn
Brunei into a financially viable state. In 1907, state revenue was a mere $43,539 ?
insufficient to cover the debts owed by the Sultan and his courtiers, who had mortgaged
revenue farms, trade monopolies
the country's income by selling cession monies,
and
taxation rights to speculators for years in advance. Between
1906 and 1911 the Federated
Malay States (FMS) loaned a total of $439,750 to redeem debts and cover overheads for
new

the

administration.

The

government
adopted
prosperity lay in developing
minor

export

items

?

cutch

a tight-fisted fiscal policy to rejuvenate Brunei. Future
the natural resources of the country. Brunei offered two
and

?

coal

to

attract

British

investors

who,

however,

showed more interest in planting rubber. The exports of cutch, coal and rubber
an encouraging amount of revenue, and by the end of the first quarter of the
Brunei showed clear signs of economic recovery.31 In 1925 the Resident proudly
that trade was "growing by leaps and bounds", and that "the lean days are over
is now

State

safely

on

embarked

a course

of

real

The

prosperity".32

brought
century,
reported
and the

faltered

economy

in

the early 1930s, but later in the decade Brunei gained greater significance following the
discovery of oil and its export in commercial quantities.
A second problem was the fact that the Residents sent to Brunei were junior officials
?
unlike Malaya,
holding only Class IV posts in the Malayan Civil Service (MCS)
where

such

positions

were

reserved

for

very

senior

members

of

the Service.

For

instance,

H. Chevalier (Resident from May to November
1909 to November
1907, and November
1911) had formerly been District Officer of Kuala Pilah in Negeri Sembilan, which was
not even a particularly senior district post. In most instances, the European heads of
departments in Brunei were more senior than the Resident. Unlike most of their counterparts
in Peninsular Malaya,
the Residents who came to Brunei did not always treat the local

31Revenue increased from (Straits Dollars) $543,707 in 1910 to more than $1,000,000 in the
1920s. These exports peaked during the rubber boom of 1925 with a total value of $1,859,736, but
a favourable

trade

32CO 531/19(1972),

balance
No.

was
363,

maintained
(Brunei),

until

the onset

Memorandum

of the Great Depression
(1929-32).
18 Dec.1925,
para.
by E. E. F. Pretty,

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25.

332

B.A.

Hussainmiya

ruling class with respect. Only after 1936 were Residents of senior rank sent to Brunei,
following protests by Sultan Ahmad Tajuddin (r. 1924-50).33
Nor were Council members in all cases competent personalities who could satisfy the
British expectations of pro-active participation in the state affairs. They were educationally
backward and not sufficiently literate, at least toWestern eyes, to participate in such a
state body. Therefore it is not surprising that the Residents had a free hand in the Council's
decision-making
to

the

process,

as its constituent members

were hardly capable of contributing

discussions.

Finally, two of the rulers during the early residential period came to the throne as minors,
Sultan Jamalul Alam II (b. 1889; r. 1906-1924), who was a child at the time of his
accession to the throne, and his successor Sultan Ahmad Tajuddin, who was eleven years
old when his father died in an epidemic. Both Sultans had long Regencies before becoming
fully anointed rulers. Sultan Jamalul Alam became the authorized ruler, the Yang Di-Per
Tuan, after almost nine years on the throne, while Ahmad Tajuddin was not granted a
(anointment) ceremony until 1940, after much haggling with the British
Berpushpa
administration. While they were minors, these rulers played only a passive role in the State
Council; and if they did express an opinion, it was at the behest of their Regents.
The young Sultan Jamalul Alam, at the instigation of his Regents, was the first to
encountered
the first Resident
confront British authority. Although
(M.S.H. McArthur)
little opposition, his successors H. Chevalier and J.F. Owen faced considerable animosity,
particularly in their attempt to frame a revised land law in 1908-1909.34 This Enactment
sought to make the process of altering land titles less elaborate and costly, but the
legislation directly affected lands that were controlled by the Brunei nobility, and were
their last source of independent income. Supported by officials and subjects, chiefly the
tampering
Kedayan population, the Sultan protested against the British administration's
with the land tenure system and with other matters intimately associated with the customs
of the state. He refused to sign the legislation amending the Land Enactment No. 1 of
the
1907, which he said had never received his sanction, and in 1909 he challenged
incumbent Resident to produce a copy of that Enactment bearing his seal.35 The Resident
an
replied that it was not the custom to require the Ruler of the State to affix his seal to
Enactment as proof of its passage, adding that McArthur had placed on record that the
legislation was duly approved. Standing firm, the Resident invoked the Advice clause in
to the High Commissioner
with a
the Treaty, and threatened to refer the matter
recommendation for punishment. In the face of this ultimatum, the Sultan gave his consent
that
to all the Enactments passed by the Council during 1908 and 1909 and acknowledged
a
no
There
is
of
his
record
the
absence
seal.
of
his
had
received
sanction
despite
they
State Council meeting during the next two years; possibly the British administration saw

33J.G.Black (1937-39) was the first Class II Resident to serve in Brunei.
34Sultan

Jamalul

Alam

and his Pengirans
1905-1906

the Supplementary
Agreement
of
out the rights and obligations
the letters
fixed
Rulers
incomes,
of

and earnings
in Sarawak
35SCM,

from

their appendages,
Borneo.

the British

must
and

have

been

shocked

the accompanying
towards
administration

to realize
letters

the
them. Though
guaranteeing
of taxation
denied
them all other rights
effectively
from their former possessions
derived
for cession monies

of assurances
except

and North
6 Sep.

the true implications
that spelt

of assurances

1909.

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The State Council

333

in Brunei Darussalam

no need for it as by then the Sultan had become very docile, and he co-operated with the
British in all areas until his death.36
It is somewhat surprising that the State Council approved a piece of legislation on
Islam, even though the Resident's advisory powers did not extend to such matters. On 10
Laws Enactment, with an
1911 the State Council passed the Mohammedan
December
announcement from the Resident that in the subsequent meeting another Enactment for
the Registration of Mohammedan Marriages and Divorces would be presented for approval.
This latter legislation was passed only in June 1913. It appears that as a sign of protest
the chief Wazirs, the Pengiran Bendahara and Pengiran Pemancha, did not attend meetings
until about 1914; according to the minutes, Pengiran Bendahara was represented by
Pengiran Kerma Indera bin Pengiran Suma. In the Council, Sultan Jamalul Alam was
seen occasionally
to refer tomatters of local Adat such as the case of the estate belonging
to one Anak Gundek and Anak Gahara
(terms for the king's progeny by additional
in the context of the recently
introduced
needed
which
amplification
marriages),
the Resident politely referred the
Mohammedan
Enactment.37 In such circumstances,
in Council".
matter the Sultan to be "heard in appeal by His Highness
The State Council

under Sultan Ahmad

Tajuddin

Tajuddin's reign brought marked improvements in Brunei's economy,
the
surplus of
export of oil. Brunei now began to enjoy a massive
coinciding
was
revenue
into
of
various
that
diverted
kinds.
Naturally, the
savings
petroleum-derived
State Council also increased in significance. The Residents applied tighter control over
expenditures in a bid to conserve state funds for the future. More business needed to be
Sultan Ahmad
with

transacted,

requiring

some

expansion

of

the bureaucracy,

and

this

increase

meant

that

in

to passing Enactments,
the State Council discussed
salaries, transfers and
retirement. At the same time, the newfound prosperity widened the cleavage between the
ruler and the British administration, especially when the latter adopted tight fiscal policies.
The Ruler felt deprived of his share of the financial benefits, and resented the haughty
attitude of the Residents towards the needs of the royal family. Denied of any meaningful
role in the running of the State, the Sultan became indifferent to the State Council, and
addition

often did not attend meetings.
still a minor, Sultan Ahmad Tajuddin had few duties to perform. Even after he
While
had received a formal coronation in 1940, he still could not command respect from the
Residents, who cared little about his opinions. He preferred to stay away from Council
sessions, allowing the Pengiran Bendahara to act on his behalf. When he did attend,
Sultan Ahmad initiated important proposals to curtail the powers of the Resident. For
example, according to the minutes of the Council session of 16March 1936, the Sultan
should each keep a notebook to record decisions, and
suggested that Council members
that the Resident

should notify

them of each session's

agenda well

in advance.

to cooperate
the vulnerability
of his position
and choosing
the British,
the
with
realizing
a grant of extra
was duly rewarded
at
the restitution
of his stipends,
loans
with
($41,000
seven per cent interest)
in 1914. He was particularly
and then a knighthood
moved
the
latter
by
assurances
not separate
in return that he would
himself
from His
which
he accepted
with
honour,
Government.
Majesty's
360n

Sultan

31SCM,

15 Mar.

1913.

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334

B.A.

Hussainmiya

During the Sultan's absence, he expected his principal Wazirs to check certain of the
Resident's executive powers. He was probably behind the Pengiran Pemancha's suggestion
in the late 1940s that all appointments above the clerical level should be confirmed by
the Council. The Resident again attempted to bulldoze his opinion through the Council
by invoking the Advice Clause under the 1905-1906 UK-Brunei Agreement whereby he
had the prerogative to make appointments. However, he soon gave in, declaring himself
"much in sympathy [with] the desire of the Council to take a more active part in the
administration of the State".38
the Sultan
In the first State Council meeting convened after the Japanese Occupation,
men
with
educational
suitable
Brunei
the
that
qualifications would
young
hope
expressed
Other
service.
for
Government
Resident
the
not be overlooked
leading members,
by
an advocate of English
including the Chief Kathi and the Pehin Orang Kaya Di Gadong,
education for Bruneians, took up the call in several subsequent Council meetings.39 The
Sallen bin
Chief Kathi, Pg (Shahbandar Sahibul Bandar Dato Paduka Haji) Mohammad
an
a
from
to
nationalist
Resident
letter
the
forwarded
Anak
early
Haji Mohammad,
Pg
?
the Brunei Youth Front) demanding
organization called the Barisan Pemuda (BARIP
education. The Resident agreed that it was a priority issue, but replied
English-language
that finding qualified staff was a problem.40 During the same period the Council also
one for the Brunei flag and
approved the Chief Kathi's suggestion to have two flagstaffs,
was
in
the office.41
Brunei
Resident
another for the Union Jack, when the
even
less
became
at
Council meetings
The Sultan's presence
frequent after 1940. At
on
the Sultan on grounds
behalf
of
offered
almost every session, the Resident
apologies
of ill health. The Sultan's health was progressively
deteriorating, but he was observed to
be active in his little palace in neighbouring Kuching (the capital of Sarawak), where he
was concern that his absence
preferred to spend his time. In the post-war period, there
Enactments
from Council sessions rendered invalid all
passed without him. The situation
to meet the Secretary of the
in
to
1950
visit
decided
became serious when he
England
the
in
his country. Although
British
to
for
seek
redress
State for the Colonies
failings
British
the
his
to
on
ended
his
Sultan's death in Singapore
way
life-long mission,
England
realized the urgency of reforming the State Council, as well as introducing a constitution.
The post-war period brought important changes in the conduct and proceedings of the
active and vocal in demanding
became
Some local members
Council.
increasingly
measures.
the
educational and social welfare
intervening years of Japanese
Apparently,
to
stand
the
local
had
up to foreign domination.
population
(1941-45)
inspired
Occupation
were
root
in
Brunei
The nationalist aspirations that took
spurred by Japanese promptings
the State Council
of "Asia for Asians". Even under Japanese military administration,
a
dominated
under
different
continued to meet until mid-19