CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 41

41

-3-

9. PROCEDURE. The Commission should be empowered, subject to the approval of the Chief Civil Affairs Officer, to make practice rules and to regulate its procedure fees and costs. Procedure should be kept as simple and expeditious as possible. Claims could be instituted before the Commission direct or referred to the Commission by the Civil Courts when reconstituted. The Civil Courts should be empowered to refuse to hear claims which ought to be brought before the Commission.

10. POWERS. Each Commissioner should be empowered to summon witnesses, to take evidence on oath and to punish for contempt. Judicial immunity should be conferred on Commissioners. A Commissioner should have power to hear and determine claims, to make declaratory judgments, vesting orders and ejectment orders and to put claimants in possession, to order rectification of titles and deeds registers, to award and assess damages, compensation and costs, to charge land with sums directed to be paid, to apportion rents and profits and to make and give consequential orders and directions. purposes of enforcement, an order of the Commission should be made equivalent to a judgment of the High Court or Supreme Court, and, during the Military Period ejectment orders and the like should be enforceable by the Civil Affairs Police.

11.

For

APPEALS. An appeal from a Commissioner should lie to the Supreme Court or High Court when re-constituted upon a point of law only. Legislative provision would be required for this.

PART III. POLICY.

12. GENERAL FOLICY. The general policy which should be followed is to recognise voluntary transactions in land inter vivos which have taken place during the Japanese occupation between parties present in Malaya and at liberty; but to refuse to recognise titles based on confiscation, duress, or not in accordance with pre-occupation law; to restore their land to refugees, prisoners and internees; and in the case of prisoners, refugees and internees who are mortgagors or lessees and have been deprived of enjoyment of their lands, to stop- mortgage interest and rents running during the period of the occupation and during any moratorium which may now be imposed,

The Commission should take cognizance of, and assess, claims for compensation for damage to premises and for waste caused by trespassers or occupants holding under Japanese titles during the absence or internment of the owners. On the other hand it is thought to be inadvisable to burden the Commission with the assessment of claims to recover rents and profits which may have accrued to such trespassers or occupants. Such claims would be difficult to assess, would be unlikely ever to be paid and, if allowed, would result in widespread indebtedness and bankruptcy.

13. CATEGORIS OF CLAIMS WHICH MAY ARISE AND POLICY TO BE FOLLOWED IN

DEALING WITH THEM. Claims which may arise (other than claims relating to leases and mortgages which are dealt with later) may be divided into categories as follows, that is to say claims relating to:

(1) Lands confiscated by the Japanese as Occupying Power.

(2)

a State owned;

Privately owned.

Lands confiscated by the Japanese as Occupying Power and alienated.

a)

State owned;

Privately owned.

/(3)