Section 3
of Telecommunication Successor Company Order, 2001
Section 3
(1)
On the succession date –
(a)
all the property, rights and liabilities comprised in the telecommunication undertaking
(other than the designated telecommunication property) to which the Government was entitled or subject to immediately before that date, shall become, by virtue of this section and without further assurance, the property, rights and liabilities of a company nominated for the purposes of this section by the Minister
(referred to in this Order as the telecommunication successor company);
[S 25/2006]
(b)
the telecommunication successor company becomes the successor at law of the Government in respect of the telecommunication undertaking of the Government; and
(c)
the telecommunication successor company shall be designated, in accordance with section 6 of the Telecommunications Order, 2001, as a public telecommunication licensee.
(2)
Where any land is, on the succession day, reserved for use by the telecommunication undertaking, His Majesty the Sultan and Yang Di-Pertuan in Council may, in his discretion, alienate such land pursuant to section 3 of the Land Code (Chapter 40) in favour of the telecommunication successor company by granting in respect of that land a lease in perpetuity or for such lesser term as His Majesty the Sultan and Yang Di-Pertuan in Council may consider appropriate.
(3)
A premium will be charged on land alienated under subsection (2) in the manner mentioned in section 14 of the Land Code (Chapter 40).
Incorporating amendments until S 25/2006
(Cleancopy) NANI/H.Afif/Bb/fiqah/Bb/zura_as of 24.04 2019
4
BLUV as at 28th February 2006
(4)
If any question arises as to whether any particular property, right or liability has been transferred to or vested in the telecommunication successor company under this Order, a certificate under the hand of the Minister shall be conclusive evidence that the property, right or liability was or was not so transferred or vested.
(5)
It is hereby declared for the avoidance of doubt that –
(a)
any reference in this Order to property comprised in the Government’s telecommunication undertaking is a reference to such property (other than the designated telecommunication property) of the Government whether situated in Brunei Darussalam or elsewhere; and
(b)
any such reference to rights and liabilities comprised in the
Government’s telecommunication undertaking is a reference to such rights to which the Government is entitled or, as the case may be, such liabilities to which the Government is subject, whether under the laws of Brunei Darussalam or any country outside Brunei Darussalam.
(6)
It shall be the duty of the Government and of the telecommunication successor company to take all such steps as may be requisite to secure that the vesting in the telecommunication successor company by virtue of this section of any foreign property, right or liability is effective under the relevant foreign law and until such time it shall be the duty of the Government to hold the property or right for the benefit of, or to discharge that liability on behalf of, the company.
(7)
Nothing in subsection (6) shall be taken as prejudicing the effect under the laws of Brunei Darussalam of the vesting in the telecommunication successor company by virtue of this section of any foreign property, right or liability.
(8)
In subsections (6) and (7), references to any foreign property, right or liability are references, respectively, to any property, right or liability comprised in the telecommunication undertaking as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of conflict of laws) by reference to the law of a country or territory outside Brunei Darussalam.
Incorporating amendments until S 25/2006
(Cleancopy) NANI/H.Afif/Bb/fiqah/Bb/zura_as of 24.04 2019
5
BLUV as at 28th February 2006
Initial Government holding in the telecommunication successor company.