KUALA LUMPUR, Jan 29 — The National Registration Department (NRD) will discuss with the Attorney-General’s Chambers on procedures relating to the issuance of death certificates for MH370 victims.
Its director-general, Datuk Sulaiman Keling said the department will hold detailed discussion on the legal aspects to facilitate the process.
“We will consult with the Attorney-General’s Chambers and the court,” he said when contacted by Bernama, here today.
He declined to comment further on the matter out of respect for the family members of the passengers and crewmembers of flight MH370.
Sulaiman was responding to the government’s announcement today that MH370 was officially declared as an accident and that all 239 passengers and crew on board were presumed dead under international aviation rules.
MH370 carrying 12 crew members and 227 passengers disappeared from radar when in flight from Kuala Lumpur to Beijing, an hour after taking off from KL International Airport (KLIA) on March 8 last year.
The Boeing 777 aircraft was scheduled to arrive in Beijing at 6.30 am on the same day.
When contacted, lawyer Shaharudin Ali said if the NRD did not issue death certificates, the family members of MH370 passengers and crew could apply for a court order declaring their death in the Civil High Court.
“They can do it under Section 108 of the Evidence Act 1950. The court will not issue death a certificate but an order that is valid and binding.
“They can apply for letters to claim property of the deceased by attaching the High Court order,” he told Bernama.
Shaharudin, who was asked about the rights of family members to get the status of all victims said the order also allows family members to claim insurance, property and others.
He said Section 108 of the Evidence Act 1950 stated that a person could be presumed dead if he was not seen or heard from for seven consecutive years.
“However, if the evidence shows that the passengers on the flight perished together in a crash then there is no need to wait for seven years,” he added.
Meanwhile, lawyer Datuk Mohd Haziq Pillay said the declaration of death entitles the family members of MH370 victims to take the NRD to court if did not issue death certificates.
The court may issue an order under Section 108 of the Evidence Act 1950.
“There is a possibility the NRD will not issue a death certificate as they have specific conditions but the court may issue a order that the person cannot be found and the court will presume him dead.” Mohd Haziq said despite the provision of seven years missing, the family members could apply for the order after the declaration of death was made. — Bernama
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