Malaysia legislation

Section 9

of Sabah Energy Corporation Successor Company Enactment 1997

Section 9

(1)

Where, on the staff transfer date –

(a)

any disciplinary proceedings have been initiated against any employee of the Corporation transferred to the service of the successor company under subsection (1) of section 8 by the issue of a charge or charges to such employee under the relevant regulations in force immediately before the staff transfer date, and such proceedings are pending before the

Corporation or in the course of being heard or investigated by the

Corporation or had been heard or, investigated by the Corporation and no order or decision has been rendered thereon; or

(b)

any such employee has been interdicted pending disciplinary proceedings, the successor company shall carry on and complete the hearing or investigation and make an order or render a decision, as the case may be.

(2)

Where, on the staff transfer date, any penalty (other than dismissal) has been imposed on any employee of the Corporation transferred to the service of the successor company under subsection (1) of section 8 pursuant to disciplinary proceedings against him and the penalty has not been, or remains to be served by such employee, he shall, on his transfer to the service of the successor company under that subsection, serve or continue to serve such penalty to its full term as if it had been imposed by the successor company, and the penalty shall remain valid against the employee on his transfer to the service of the successor company and shall continue in full force and effect until he has served the penalty in full.

Existing agreements and pending proceedings.

Section 9 — Sabah Energy Corporation Successor Company Enactment 1997