CO129-592-23 Future policy- Crown Rents Proclamation 1-8-1945 - 31-8-1945 — Page 3

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Notes on draft of Crown Rents Proclamation

1st Recital. The words "or such amount as may have been other-

wise lawfully determined" are added to meet those cases in which rents of portions of lots have been determined under the Crown Rents" (Apportionment) Ordinance, 1936. (Ord.No.4 of 1936).

2nd Recital. This is understood to be the case. Such action

would appear to be permissible under Article 55 of the Annex to the Hague Convention, 1907. Payment to the Japanese will have to be accepted as a discharge of liability to the Crown.

3rd Recital. This is believe it to be. 20, p.176 et seq.

declaratory of the legal position as I

Authorities are cited in Halsbury Vol. Some declaration seems desirable as a preface to the statement of Government's policy.

s.3.To the best of my recollection, Crown rents were payable

half-yearly on 24 June and 25 December. The first date left blank in the draft would be the first half-yearly date after the re-occupation. The second date left blank would

be 21 days after the other.

E.4.The Chinese habitually keep Crown rent receipts and bring

them when making payments. Production would be a source of invaluable information if the Crown rent rolls have been destroyed. The call for production right back to June, 1941, is designed to cover the last payment to the H.K.Government and any subsequent payments to the occupying power. The former is required to establish the correct amount payable, the latter for the compilation of a record of monies appropriated by the enemy. Sub-section (2) is necessary to enable us to call for production when there is no tender of Crown rent and further to enable the Collector to call for, inspect and make extracts from title deeds in order to build up his records.

s.5.When accepting payment of Crown rent most recently accrued due while arrears are still outstanding, one is up against the difficulty that this may operate as a waiver of the right of re-entry in respect of the arrears or otherwise prejudice the Crown by barring the right to exercise the right of re- entry where there had been breach of some stipulation other than the covenant to pay the rent reserved. It is recognizeĉ that we shall probably be compelled to accept the most recent rent pending further investigation and doubtless we shall find that many people simply have not got the means to wipe off arrears.

s.6.This section is designed to implement the policy in

relation to payments to the occupying power. The date left blank in the draft will be the last date on which Crown rent accrued due before the re-occupation.

We may find that the Japanese have, contrary to international law but in true oriental tradition, collected Crown rent (and other dues) in advance. The policy to be adopted to- wards such payments, if any, will have to be considered later.

s.7.This section makes provision for the discretionary grant of

relief from liability for the payment of arrears which may have accrued during the period of occupation. Many cases of hardship will doubtless be found, particularly amongst those who were most loyal to us.

s.8.Is designed to cover cases not within s. 7. It may well be

that it will prove desirable to grant wholesale exemption in districts which have been devastated or particularly hand hit.

s.9.A normal section covering methods of service.

s.10.