Telecommunication Successor Company Order, 2001 · As enacted
3. (1}
Official textFrom Attorney General's Chambers, unchanged
On the succession date -
succession date
"succession date" means the date appointed by the Minister by order published in the Gazette for the purposes of section 3;
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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
telecommunication undertaking
"telecommunication undertaking" means all property, whether moveable or immovable, vested in the Government which is necessary for the provision, maintenance, management and operation of telecommunication services in Brunei Darussalam, and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therewith;
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
telecommunication successor company
"telecommunication successor company" means the company nominated by the Minister pursuant to paragraph (a) of subsection (1} of section 3;
Majesty the Sultan and Yang Di-Pertuan in Council may consider appropriate.
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
property
"property" means any legal or equitable estate or interest (whether present or future or whether vested or contingent} in any property whether movable or immovable;
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
designated telecommunication property
"designated telecommunication property" means property of any description, whether movable or immovable, which the Minister may designate as necessary to be retained by the Authority (or the Authority's nominee) for the exercise of its duties and functions relating to telecommunications under the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001 and under the Telecommunications Order, 2001;
{b) any such reference to rights and liabilities comprised in the
rights
"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective, whether statutory or otherwise, and wherever arising;
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.
liabilities
"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective, and wherever arising;
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.
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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Terms defined in s 2
designated telecommunication property
Defined · s 2"designated telecommunication property" means property of any description, whether movable or immovable, which the Minister may designate as necessary to be retained by the Authority (or the Authority's nominee) for the exercise of its duties and functions relating to telecommunications under the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001 and under the Telecommunications Order, 2001;
liabilities
Defined · s 2"liabilities" means all liabilities, duties and obligations, whether actual, contingent or prospective, and wherever arising;
property
Defined · s 2"property" means any legal or equitable estate or interest (whether present or future or whether vested or contingent} in any property whether movable or immovable;
rights
Defined · s 2"rights" means all rights, powers, privileges and immunities, whether actual, contingent or prospective, whether statutory or otherwise, and wherever arising;
succession date
Defined · s 2"succession date" means the date appointed by the Minister by order published in the Gazette for the purposes of section 3;
telecommunication successor company
Defined · s 2"telecommunication successor company" means the company nominated by the Minister pursuant to paragraph (a) of subsection (1} of section 3;
telecommunication undertaking
Defined · s 2"telecommunication undertaking" means all property, whether moveable or immovable, vested in the Government which is necessary for the provision, maintenance, management and operation of telecommunication services in Brunei Darussalam, and all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected therewith;