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ADDRESS TO:
(for action)
RPTD:
(for info.)
CIVIL AFFAIRS MESSAGE FORM
FROM: C. IN C., HONG KONG.
CLASSN:
CA
Continued.
PRIORITY:
D.T.G.
fundamentally liability to repair (.) On principle however consider absence not a disability as almost all absentees left voluntarily and either left relatives in possession or were able to make arrangements (.) Courts would give effect to legislation under which absentees were forbidden to make payments to persons in Colony because declared ene my territory but this no groud for cancelling indebtedness
t
altogether (.) Deprivation of personal liberty by internment altamerisonment or imprisonment very common cause of disability (.) Requisition or order to vacate premises by Japane se considered disability of equal force to internment as no compensation was paid with exception of Kai Tak aerodrome where inadequate compensation paid and which can be dealt with on re sumption under ordinance (. Further ground of disability in case of companies firms and individuals declared enemy companies firms and individuals by Japanese as beneficial enjoyment or collection of rents impossible at least from date of such declaration (.) On principle consider maximum period of disability must terminate with date of local Japanese surrender (16th September) and with certain exception must be confined to the period of actual disability (.) Period of disability would commence with end of month in which disability first arose and would continue until possession of the demised premises was obtained or receipt of rents and profits or right to compensation from BMA accrued(.) Teneant would not be entitled to refund of rents paid in advance (.) Landlord could apply to the court to show cause why tenant should not be relieved or relieved only in part (.) Examples would be possession of premises by family or receipt of rents by agent notwithstanding disability or tenant's conduct contributing to damaging of premises (.) As to war damage desirable that model legislation for Malaya or Malta be made avaiable (.) Considered that even independently of rendering uninhabitable of demised premises should relie ve payment of rent but relief from breach of repairing covenants or determination of leases would have to depend on provisions of war damage legislation (.) In any event leases not expiring before liberation must continue unless determined by re-entry or under war damage provisions (.) Internment or declaration of enmity or seizure by Japanese not per se ground of determin-
In no case should less e have option to determine (. In cases of re-entry tenant to have right to apply to court for relief against forfeiture on basis payment of arrears except payments from which tenant entitled to relief because of disabil ity.
(This space for Civil Affairs use only)
Reference
(Signed)
28.2.46.
Date
co. C.C.A.O.
Internal Distn.
Brig.
C.C.A.O.