CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 38

38

4.

of their properties which accrued during the occupation. The reasons for disallowing such claims are practical and are:-

(i)

that the claims would be most difficult to assess (e. where rubber from a rubber estate has been collected and sold for payments. in Japanese, or Japanese sponsored, currency); and

(ii) that such claims would be unlikely ever to be paid. Trespassers would be most unlikely to be able to pay large claims, and, if such claims were allowed against Reparations or any compensation fund which may be set up, they would tend to exhaust the amount available for better claims. A mountain of private indebtedness would be piled up to the detriment of the country as a whole.

it

(iii) If claims to rents and profits of land were allowed, would be difficult to resist claims for loss or professional, business and mercantile profits. The line must be drawn somewhere. It is thought to be a more practical policy to aim at compensating an owner for detriment to his capital asset, without attempting to compensate for rents or profits which may have arisen therefrom during the occupation period.

Form of Directive

Part I (paragraphs 1 to 5) deals with the administrative steps required to bring the Titles Registers and Deeds Registers up to date, and to maintain or restore the title of the pre- occupation owner of land, except in cases where he appears himself to have authorised a transfer. Devolutions on death and under Order of Court are also dealt with. Persons aggrieved by these administrative steps must apply to a Lands Titles Commission.

Part II provides for the establishment of a Lands Titles Commission to decide, at the instance of persons aggrieved, disputes arising out of the Japanese occupation;

and provides

for the sittings procedure and powers of the Commission and for appeals from its decisions on points of law.

Part III applies the policy mentioned in paragraph 2(a) (b) and (c) above to the various classes of case which are likely to arise, and indicates the appropriate remedy in each. The question of disallowance of claims for rents and profits is dealt with in paragraphs 12, 14(b), 15, 16 and 17. The rights of third parties to whom lands may have been transferred are dealt with in paragraph 15; and the position of trespassers is noticed in paragraph 16.

Part IV deals with mortgages and charges and applies the policy mentioned in paragraph 2(c) and (a) above to the various cases which may arise.

Fart V deals with leases and tenancies and, applying the policy mentioned in paragraph 2(d) and (e) above, works out the remedy in each case. The rights of lessors, "war absentee" lessees and third party lessees or occupiers (if any) are separately indicated.

Part VI deals briefly with the legislation which will be required to implement the recommended policy.

Dated 19th September, 1945.

(Sgd) K.K. O'Connor.