5
Malayan
see X of No.5]
Action on this file has been delayed owing to pressure of other work.
In
The object of the Lands Directive was to recognise voluntary transactions during the as of Japanese occupation between parties who were both present and free; but to refuse recognition in cases where one of the parties was absent from the territory or was in captivity; and a policy was suggested which would safeguard the rights of the "absentee" party. Malaya it has been decided to restrict action for the time being to an Ordinance dealing only with Part V of the Directive (Leases and Tenancies) and to leave the other parts until sufficient time has been available for drafting the relevant legislation in consultation with Singapore. We have not yet received the Leases and Tenancies Ordinance and a telegram has been despatched asking what is the present position on this point.
In Hong Kong the view is taken that "absence" (1.e. absence from Colony or ? captivity) was not a disability as almost all absentees left voluntarily and either left relatives in possession or were able to make arrangements.
As I understand the position, Hong Kong is satisfied that all that is required is for legislation to legalise voluntary transaction affecting land during the Japanese occupation; and for the rest, it is anticipated that less than one-tenth (1.e. about 500) will be challenged. These last will be safeguarded by registration by the aggrieved persons of lites pendentes with the Civil Courts. (I am not clear exactly what this means in practice).
In any event, this matter is now one primarily for the Hong Kong Government and, subject to legal comments on the draft Ordinance enclosed in No. (7) we can agree with the draft as far as it goes; add that
we should be glad of a fuller statement of the grounds on which the Government feels that no legislation is required to protect the interests of persons who were e.g. in captivity during the period of Japanese occupation and who may have been thereby deprived of their premises and be faced with demands for accumulated rent.
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