Section 115A
Section 115A
(1)
The Minister may, by notification published in the Gazette, declare that the Government of Brunei Darussalam has entered into an agreement with the governments of Malaysia and Singapore for the recognition by each government of the Official Assignees in bankruptcy appointed by the other government.
(2)
From the date of that notification, where any person has been adjudged a bankrupt by a court in Malaysia or Singapore, as the case may be, such property of the bankrupt situate in Brunei Darussalam as would, if he had been adjudged bankrupt in Brunei Darussalam, vest in the Official
Assignee of Malaysia or Singapore, as the case may be, shall vest in the
Official Assignee appointed by the governments of Malaysia and Singapore, and all Courts in Brunei Darussalam shall recognise the title of such Official
Assignee to such property.
(3)
Subsection (2) does not apply where a bankruptcy application has been made against the bankrupt in Brunei Darussalam until the application has been dismissed or withdrawn or the bankruptcy order has been rescinded or annulled.
(4)
The production of an order of adjudication purporting to be certified, under the seal of the Court in Malaysia or Singapore making the order, by the registrar of that Court, or of a copy of the official Gazette of
Malaysia or Singapore containing a notice of an order adjudging that person a bankrupt shall be conclusive proof in all Courts in Brunei Darussalam of the order having been duly made and of its date.
(5)
The Official Assignee of Malaysia or Singapore may sue and be sued in any Court in Brunei Darussalam by the official names of "the Official
Assignee of the Property of (name of bankrupt), a Bankrupt under the Law of
Malaysia, or "the Official Assignee of the Property of (name of bankrupt)
under the Law of Singapore".
Evidence
Evidence of proceedings at meetings of creditors 116.
(1)
A minute of proceedings at a meeting of creditors under this
Act signed by a person describing himself as or appearing to be chairman of the meeting shall be received in evidence without further proof.
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(2)
Until the contrary is proved, every meeting of creditors in respect of the proceedings whereof a minute has been so signed is deemed to have been duly convened and held and all resolutions passed or proceedings had thereat to have been duly passed or had.
Evidence of proceedings in bankruptcy 117.
Any petition or copy of a petition in bankruptcy, any order or a certificate or copy of an order or certificate made by the Court, any instrument or copy of an instrument, affidavit or document made or used in the course of any bankruptcy proceedings or other proceedings had under this Act shall, if it appears to be sealed by the Registrar or is certified as a true copy by the Registrar, be receivable in evidence in all legal proceedings whatsoever.
Swearing of affidavits 118.
Subject to general rules, any aflidavit to be used in a bankruptcy
Court may be sworn before any person authorised to administer oaths or in the case of a person who is out of Brunei Darussalam before any person qualified to administer oaths in the country where he resides.
Death of debtor or witness 119.
In the case of the death of the debtor or his wife or of a witness whose evidence has been received by the Court in any proceedings under this
Act, the deposition of the person so deceased, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.
Statements made to Official Receiver or trustee through an interpreter 120.
Any statement made by a debtor or creditor in any bankruptcy to the a
Official Receiver or trustee through an interpreter is deemed to have been made to the Official Receiver or trustee as the case may be respectively, and evidence thereof shall be receivable from the Official Receiver or trustee on it being proved either that the interpreter employed was a sworn interpreter or that he held the substantive or acting appointment of interpreter or of clerk and interpreter, to the Official Receiver.