CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 3

Extract from Minute on 55'249/2/46-

x

A.

Views of Hong Kong on Lands Directive.

3

These are at (5) and are to be related to the Draft Directive at - and the enclosures

ΟΙ

-

(235) and (25) on the previous file.

4

The views of Hong Kong call for expert attention, but it will be seen that they depart substantially from the Lanus Directive prepared for Malaya.

(a) Hong Kong appears to have no serious problem

about putting their Registers in order.

(b) A Land Commission is not necessary, but an

additional puisne judge would be required.

(c) Hong Kong appears to have rew problems

regarding claims to ownership or property, and it is unnecessary to have legislation.

(d) Mortgages should be dealt with in terms

of debtor-creditor relationships generally. (Thio question is raised below fer meraya).

(e) Leases and tenancies. The details of the

views submitted by Hong Kong are very much for legal consideration, but clearly their approach varies considerably from that proposed for Malaya. In principle, for instance, they are not prepared to accept that absence constitutes a disability, their attitude as to what should be a disability is based on a view or actual circumstances in Hong Kong rather than the Malayan analysis, which is concerned with protecting the rights or absentees.

and

In general, Hong Kong's views and needs are so different from Melaye's that it seems as if Hong Kong should adopt a policy and procedure independent o thut being pursued for Malaya.

It is therefore for conson. whether there is any objection to this, and if so, to furnish comments, coni'irmatory or otherwise, about (

It would be useful for Malaya to have the observations of Hong Kong, ir only for information.

(Sgd.)W.S.MORGAN.

huss Ruston to see.

? The draft ordinance at (7) (flagged) Should be considered by the Legal Dep!

D.B. Whyte 18/6.

This file is a part of ss2u9/+ which

originally dealt

with Land Registration

for both Malaya and Mary Kang. The pp

now on this file

Harp Kang only

are

those relevant

A copy of the Sorteri