2.
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5.
ம்
I forward herewith a draft Ordinance to give effect
to the above proposal, which will shortly be introduced into
Legislative Council. Some difficulties have been encountered
in providing for the inclusion in the Schedule of every Christian
marriage which took place in the Colony during the occupation,
but the Schedule is now almost complete.
-6.
So far as divorce is concerned the position appears
to be somewhat different. The right of the Occupying Power to
dispense with the services of those members of the Judiciary
in whom he has no confidence appears to be recognized by most
authorities on International Law. Moreover this right has been
exercised in enemy territory under British occupation. Apart
from these considerations it is thought that the continued
exercise of the jurisdiction of the Chief Justice was not consistent
with his internment; he was functus officio. The essence of a Court
is that it should be open to the public as a whole and to encourage
the idea that a Court can lawfully function when only an infini-
tesimal proportion of the inhabitants can have recourse to it might
lead to the creation of an unfortunate precedent.
7.
It may be urged, however, that as the parties to the
proceedings may not have been aware of their invalidity and that
as responsible Government officials represented that validating
legis la tion would be passed to remove doubts, Government is
therefore bound to enact the necessary legislation.
8.
This consideration would have greater force but for
the comparatively small number of persons involved. I am informed
that during the period of internment two decrees nisi were
pronounced by the Chief Justice and that during the same period
three decrees nisi which had been pronounced by the Supreme
Court before the outbreak of hostilities were made absolute
by the Chief Justice. Since then, one party who obtained a decree
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