12
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am
glad to
have seen this file.
So
for
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Know, there
were
LO
camps
in
Malaya in which husbands &
wires.
or
together.
་
حمد
were intereach
Imman.
31/10
Mr. Mayle.
Please see my minute and that of Mr. Mervyn Jones
above.
I think you should know that the Governor has expressed the view that the continued exercise ol jurisdiction by the Chier Justice, while in interment, was not valid and that our legal adviser has agreed with this view, since it is a doctrine which may affect questions other than the validity of divorce decrees which is the subject or the recent
But as to this see Y of my papers on this file. minute.
The Governor recommends that legislation should not be enacted to validate the exercise of the jurisdiction of the Supreme Court by the late Chief Justice during internment because so few cases are affected. (see Z of my minute above)
I think we should proceed as at X above. herewith and drafts also on 53528/330 below.
f. let
Draft
1.11.46.
I have
Mewah
no
the Inapp
Grouppe
1 /u/46
Mr. Roberts-Wray
I should like you to see this as there is rather an important point of principle involved.
It seems to me that the decision whether there is to be legislation validating the decrees pronounced by the late Chief Justice during internment depends not so much on the number of persons involved, as the Governor suggests in paragraph 8, but on whether any of those persons will now be placed in some legal difficulty as the result of our declaring the decrees to be invalid and not introducing validating legislation.
I have accordingly put up a revised draft, making this point and suggesting that an effort should be made to trace the parties concerned and to inform them that it is not proposed to introduce validating legislation, so that they will have an opportunity of making representations if they are in legal difficulty.
The