NRD to discuss with A-G’s Chambers on issuance of death certs for MH370 victims

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KUALA LUMPUR: 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 yesterday.

He declined to comment further on the matter out of respect for the family members of the passengers and crew members of flight MH370.

Sulaiman was responding to the government’s announcement yesterday that MH370 was officially declared as an accident and that all 239 passengers and crew on board were presumed dead under international aviation rules.

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 a death 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. — Bernama