Malaysia legislation

Section 10

of Sabah Ports Privatisation Enactment 1998

Section 10

(1)

The Port Authority may at any time suspend or revoke any licence issued under section 9 upon the breach of any of the conditions of the licence or upon any failure to comply with any provision of this Enactment, the principal Enactment or any of the regulations made thereunder.

(2)

A licensed operator may appeal to the Minister against the suspension or revocation of its licence by the Port Authority under subsection (1).

9

(3)

Every such appeal shall be made in writing within thirty days from the date on which the decision of the Port Authority is served on the licensed operator.

(4)

The decision of the Minister under this section shall be final and conclusive.

(5)

A decision of the Port Authority under subsection (1) shall be of immediate effect notwithstanding any appeal made under subsection (2).

(6)

Where a licence is suspended or revoked under subsection (1), the Port

Authority may, if it considers that such suspension or revocation would materially affect the movement of cargoes or passengers at the port and with the consent of the Minister –

(a)

take temporary possession of any port undertaking;

(b)

operate any such port undertaking; and

(c)

engage any servant or employee, of the operator.

Engagement of any person by the Port Authority for the purpose of carrying out any duty of the licensed operator.