CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 13

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Officer of instruments, etc. executed or made during the

Japanese Occupation should for the period of one year from the

enactment of such legislation operate as actual notice to a

purchaser that a transaction of the nature described has taken

place;

(b) for registration within such year with priority

relating back to the date of Japanese registration of any such

instrument, etc. Such registration would have to be by way of

memorial and comply with the provisions of the Ordinance.

(c) that after the lapse of one year from the enact-

ment of such legislation, if no lis pendens is still subsisting,

the Land Officer shall, at the request of the person appearing

to be in the Japanese Registers the last holder, register

Occupation transactions to which such holder was not a party upon his satisfying the Land Officer that he is unable without

undue expense to cause a memorial to be filed in respect there-

of. An appeal from the adverse decision of the Land Officer

would lie to a Judge of the Supreme Court in Chambers.

(a) that any instrument in the form of a so-called

deed used during the Japanese Occupation should, after regis-

tration have the same effect as if it had been a deed within

the meaning of the law applicable to the Colony on the 24th

December, 1941.

The object of sub-paragraph (c) is to provide for cases

where there has been more than one transaction in respect of the

same lot and the last holder appearing in the Japanese Registers

has not joined in one or more of these transactions and ia

unable to obtain the concurrence of a person who could file a

memorial in respect thereof.

6. IRREGULARITIES.

There are some cases of irregularities during the

Japanese Occupation which will, if the proposals are accepted,

continue. For instance, there was no proper carving out of

portions sold and rights of way were not properly described.

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