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DECLARATIONS
LODGED BY MALAYSIA UNDER THE CAPE TOWN CONVENTION AT THE TIME OF THE DEPOSIT OF ITS INSTRUMENT OF ACCESSION

 

 

(i) Form No. 1 (Specific declaration under Article 39(1)(a))

 

Malaysia declares that the following categories of non-consensual right or interest have priority under its laws over an interest in an aircraft object equivalent to that of the holder of a registered international interest and shall have priority over a registered international interest, whether in or outside insolvency proceedings:

 

a. liens in favour of airline employees for unpaid wages arising since the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

b. liens or other rights of an authority of Malaysia relating to taxes or other unpaid charges arising from or related to the use of that aircraft object and owed by the owner or operator of that aircraft object, and arising since the time of a default by that owner or operator under a contract to finance or lease that aircraft object; and,

 

c. liens in favour of repairers of an aircraft object in their possession to the extent of service or services performed on and value added to that aircraft object.

 

 

(ii) Form No. 4 (General declaration under Article 39(1)(b))

 

Malaysia declares that nothing in the Convention shall affect its right or that of any entity thereof, or any intergovernmental organisation in which Malaysia is a member, or other private provider of public services in Malaysia, to arrest or detain an aircraft object under its laws for payment of amounts owed to the Government of Malaysia, any such entity, organisation or provider directly relating to the service or services provided by it in respect of that or another aircraft object.

 

 

(iii) Form No. 6 (Declaration under Article 40)

 

Malaysia declares that the following categories of non-consensual right or interest shall be registrable under the Convention as regards any category of aircraft object as if the right or interest were an international interest and shall be regulated accordingly:

 

a. liens in favour of airline employees for unpaid wages arising prior to the time of a declared default by that airline under a contract to finance or lease an aircraft object;

 

b. liens or other rights of an authority of Malaysia relating to taxes or other unpaid charges arising from or related to the use of an aircraft object and owed by the owner or operator of that aircraft object, and arising prior to the time of a declared default by that owner or operator under a contract to finance or lease that aircraft object; and,

 

c. rights of a person obtaining a court order permitting attachment of an aircraft object in partial or full satisfaction of a legal judgment.

 

 

(iv) Form No. 11 (Declaration under Article 53)

 

Malaysia declares that all courts with competent jurisdiction under the laws of Malaysia are the relevant courts for the purposes of Article 1 and Chapter XII of the Convention.

 

 

(v) Form No. 13 (Mandatory declaration under Article 54(2))

 

Malaysia declares that any and all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised without court action and without leave of the court.

 

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Declarations lodged by Malaysia under the Aircraft Protocol

 

 

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