CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 37

COPY

Orig.

on 55249/2/45

MALAYA

EXPLANATORY MEMORANDUM ON DRAFT INTERIM LANDS DIRECTIVE

37

1. Policy is an Interim Policy. Basis. The directive provides an interim policy for adjusting complications arising out of the Japanese occupation of Malaya. It does not affect the permanent land laws of Malaya. It is based on the principles of International Law where precedents are ascertainable. In matters not covered by precedent, a policy is advocated which is thought to be fair and practical.

2.

3.

Outline of Policy. The recommended policy is:

(a) to recognize voluntary transactions in land made inter vivos during the Japanese occupation between parties present in Malaya and at liberty to exercise their rights; but

(0) to refuse to recognize titles based on confiscation, duress or not in accordance with pre-occupation law;

(c) to restore their lands and premises to prisoners of war, internees and refugees (hereinafter, for brevity, referred to together as "war absentees");

(a) in the case of "war absentees" who are mortgagors or lessees, to stop mortgage interest and rents running during the period of the Japanese occupation;

(e)

to restore their premises (on terms) to "war absentee" lessees and tenants;

(f) to allow claims by "war absentee" owners against occupiers and trespassers for damage to premises or waste committed by them, subject to a set-off of the value to the owner of permanent improvements made by occupiers or trespassers; but

(g) to disallow claims by absentee owners for rents and profits accrued to trespassers and unauthorised occupiers of their lands during the Japanese occupation.

Justification:

(a) and (b) of paragraph 2 above are in accordance with International

Law.

(c) is, to a great extent, consequential on (a) and (b).

(a) scems manifestly just. It would be monstrous that "war absentees" should, on their return to Malaya, be faced with claims for 3 years' arrears of rent or mortgage interest in respect of properties of whose enjoyment they have, through no fault of their own, been deprived.

(e) proceeds on uch the same principles as (b). It is thought that "absentee" lessees and tenants should not lose their premises because the circumstances of war have compelled them to default with their rent. As a matter of practical policy, if steps to restore premises to pre-occupation tenants are not taken, European business firms may be unable to find suitable accommodation in the business quarters, and Malayan rehabilitation may thereby be hampered

(f) "Absentee" owners should be reimbursed for damage to their premises or waste committed by unauthorised occupiers during the Japanese period. It is thought fair, however, that a set-off should be allowed in suitable cases of the value to the owner of permanent improvements installed by such occupiers.

(g)

is controversial. Theoretically, there is no reason why absentee owners should not be entitled to recover rents and profits

of