Section 104

An order of any such court of the Republic of Singapore or any designated country, seeking aid with a request to the

High Court, shall be deemed sufficient to enable the High Court to exercise in respect of the matters directed by the order such jurisdiction as either the court which made the request or the

High Court could exercise in respect of similar matters within their several jurisdictions.

In exercising its discretion under subsection (2), the High

Court shall have regard to the rules of private international law.

The Yang di-Pertuan Agong by notification in the Gazette may declare that the Government of Malaysia has entered into an agreement with the Government of the Republic of Singapore for the recognition by the Government of Malaysia of the

Official Assignee in Bankruptcy appointed by the Government of

Singapore and the recognition by the Government of Singapore of the Director General of Insolvency in Bankruptcy appointed by the Government of Malaysia.

From the date of such notification where any person has been adjudged a bankrupt by a court of the Republic of Singapore, such property of such bankrupt situate in Malaysia as would, if he had been adjudged bankrupt in Malaysia, vest in the

Insolvency 105

Director General of Insolvency of Malaysia, shall vest in the Official Assignee appointed by the Government of the

Republic of Singapore, and all courts in Malaysia shall recognize the title of such Official Assignee to such property:

Provided that this subsection shall not apply where a bankruptcy petition has been presented against the bankrupt in Malaysia, until the petition has been dismissed or withdrawn or the bankruptcy order has been annulled as the case may be.

The production of an order of adjudication purporting to be certified under the seal of the court in the Republic of Singapore making the order by the Registrar of that court or of a copy of the official Gazette of the Republic of Singapore containing a notice of an order adjudging such person a bankrupt shall be conclusive proof in all courts in Malaysia of the order having been duly made and of its date.

The Official Assignee of the Republic of Singapore may sue and be sued in any court in Malaysia by the official name of

“The Official Assignee of the property of …………… a bankrupt under the law of the Republic of Singapore” inserting the name of the bankrupt.

In this section “designated country” means any country designated for the purposes of this section by the Yang di-Pertuan

Agong by notification in the Gazette.

Annulment of Bankruptcy Order

Power of court to annul bankruptcy order in certain cases