CO537-(1262-1649) — Page 295

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Ref.:

THE NATIONAL ARCHIVES

CO 537/1374

restrictions. Further information is given in the enclosed Terms and Conditions of supply of National Archives' Please note that this copy is supplied subject to the National Archives' terms and conditions and that your use of it may be subject to copyright

leaflet.

(iii) As regards Section 9, it is understood that there is registration of title in the lialay States and of deeds in Penang. It is not however clear whether registration of deeds has been applied in the Settlement of Malacca and special attention is directed to this point.

B.

Singapore

(i) Section 2.

day of

"Occupation period" would be appropriately

defined as "the period between the 15th day of February, 1942 and the part of such period".

1945, and includes any

(ii) References to the Malayan Union throughout the draft will of course be replaced throughout as appropriate by the Colony of Singapore.

(iii) If it is desired to include the definition of "duress or coercion" presumably it should be limited to "duress" since English Contract Law is followed in Singapore.

(iv) Section 9. It is understood that in Singapore there is registration of deeds only. It is suggested that:-

(a) Sub-section (3) should be omitted

(b) Sub-section (4) be re-numbered (3)

(c) Sub-section (5) should be re-numbered (4) and read:-

"(4) The Court when making an order under Sub-section (2) of this section on being satisfied that the security will be replaced by an equivalent security may direct that the provision of Sub-section (3) shall cease to apply in respect of the land which formed the original security and on the production of that order to the registering authority the assurance evidencing the security shall be removed from the register".

C.

North Borneo

(1) If it is desired to include the definition of "duress or coercion" presumably both should be included since the Indian Contract Act is followed in Labuan and English Contract Law is followed in North Borneo.

(ii) References to the Malayan Union should throughout be replaced by appropriate references to the Colony of North Borneo.

(iii) In Section 2 for the definition of "Malayan currency" substitute "Borneo currency means the dollar currencies in circulation and constituting legal tender in the territories now comprising the Colony of North Borneo before or after the Occupation period". References to "Malayan currency" in Sections 3 and 6 should be replaced by references to "Borneo currency.

"

(iv) In the definition "occupation currency" the reference to Malayan currency should be replaced by reference to "Borneo currency".

(v) "Occupation period". The appropriate dates are left for insertion.

J

/(vi)

2

Ins

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