DEPORTATION ORDERED

Press, Volume LXXIV, Issue 22514, 23 September 1938, Page 10

DEPORTATION ORDERED

■ ; GERMAN SEAMAN’S SECOND DESERTION ACTION IN MAGISTRATE’S COURT AT DUNEDIN (FSSSS association telegram.) DUNEDIN. September 22. “This man has made up his mind to say nothing,” said Sergeant Lean in the Magistrate’s. Court . this morning .when George Anselm Hein, a .German, appeared on a charge of entering New Zealand' as 'a ' prohibited immigrant without being in possession of a permit. "He will not eat or drink and we can do nothing with him.” The defendant, who met all questions with an uncomprehending stare, was also appearing on remand from last Monday, when he was charged; that, while being a prohibited immigrant within the meaning of the Undesirable Immigrants - Act. he landed in. New

Zealand without the authority of the Attorney-General. Having been sentenced , to. three months’ imprisonment in Christchurch for deserting his . ship, the Naumburg, ■ at Dunedin on May 1, the defendant had been placed on the German vessel Dessau at Lyttelton .on September 14' for deportation, an, order having been made in Christchurch to this effect. When the, Dessau was in Dunedin'last week the defendant left her, his action leading to the first charge, which, had been adjourned . pending formal evidence being obtained from Christchurch. * ... The history of the case was outlined, by Mr J. B. Deaker, representing the Customs Department, who applied for a fresh order of deportation under the new .charge and asked that the first be withdrawn, this .being the advice of the Solicitor-General, to whom the matter had been referred. It appeared that during * her passage from Lyttelton .. to > Dunedin the • Dessau' had gone outside territorial waters, and hence the defendant’s arrival in Dunedin constituted a fresh entry-under the Immigration Restriction Amendment Act. The first charge, which had been brought under section 8 of the Undesirable Immigrants Act, was therefore: incorrect, and he asked that it he withdrawn. The final port of call • of . the Dessau in New Zealand would' be Westport, whence the ship would sail on September. 27, and he requested

. that : an order.be made for the: defendant to be placed in the custody* ofr the . master of the Dessau at that-port.: ■ Mr H. W. Bundle. 5.M.,; who: was on the Bench, asked what authority he :' had to authorise deportation without ! the consent of the Attorney-General. Mr Deaker replied" that the Attorney- ' General’s permission was necessary 1 only for the deportation of undesirable : immigrants’, and the defendant was now in the prohibited class. 1 After,examining the act Mr Bundle signed -an order for defendant’s deportation by the Dessau from its final ; port of call in the Dominion arid consented to the earlier charge beirig with- - drawn.