CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 32

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CIVIL AFFAIRS MESSAGE FORM

ADDRESS TO: WAR OFFICE.

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RPTD:

FROM: C. IN C., HONG KONG.

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CLASSN: Confidential

PRIORITY:

CA

2329 (.)

+

Savings.

Imavéfute.

For Colonial Office.

D.T.G.

Reference 555249/2/45 from O'Connor interim policy directive for Malaya on land (.)

Part I - Land Office Registers unaffected by Japanese occupation as Japanese set up own (.) Proposals for combining Japanese registration with our registers follow (.)

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Part II Land Commission considered unnecessary here in view position registers institution tenancy tribunals and imminent establishment civil courts (.) Additional puis ne judge required (.) Interna tional Law and Law of Colony supplemented by fresh legislation can be enforced by ordinary courts (.)

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Part III con sider unwise any legislation unlikely to attract public support (.) There were no alienations of land by Japanese either by way of sale gift or long lease (.) No foreclosures or sales by mortgagees except one sale by leave of Japanese court and some sales in liquidation of banks (.) Very few long leases by Crown Lessees continuing after occupation and trespassers not now in possession of these (.) Doubtful if any re-entry on any long lease (.) Public feelings against trespassers very strong and any legislation to compensate them for improvements or to relieve them from ordinary liability would be severely criticised (.), Difficulties of assessment not considered insuperable (.) Many trespassers being Japane se now interned (.) Majority owners now in possession or entitled to compensation because of requisition by BMA (.) In practice proceed- ings for mense profits against trespassers would be few but considered important preserve principle (.) For these reasons unwilling to legislate except in case of leases (.)

Part IV Mortgages should not be distinguished from other problems of indebtedness save that power should be given to courts to order payment by instalments of interest accrued or accruing (.)

Part V

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Legislation as to leases partly depends on provisions for compensating war damage as this affects

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Reference

Date

Internal Distn.

(Signed)

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Wwwm.

Brig. C.C.A.O.