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Telecommunication Successor Company Order, 2001 · s 3

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s 3( 1}

On the succession date -

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{2)

Where any land isl 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).

[5)

It is hereby declared for the avoidance of doubt that-fa) 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 Darus-salam.

(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.

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