REFUSAL TO EAT.

Auckland Star, Volume LXIX, Issue 225, 23 September 1938, Page 13

REFUSAL TO EAT.

GERMAN SEAMAN.

DESERTER FROM VESSEL

DEPORTATION ORDERED.

(By Telegraph.—Press Association.)

DUXEDIN, Thursday,

"This man has made up his mind to say nothing," Baid Sergeant Lean, in the City Police 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."

Defendant, who met all questions with a-n 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 Naumberg, at Dunedin, on May 1, defendant had been placed on the German vessel Dessa\i 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 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Department, who applied for a fresh order -of deportation under a new charge, amd asked that the first charge be withdrawn, this being the advice of the Solicitor-General, to whom the matter had been referred.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 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had been brought under section 8 of the Undesirable Immigrants Act, was therefore incorrect, and he asked that it be withdrawn.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 of the master of the Dessau at this port.

Mr. H. W. Bundle, S.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 Minister's permission was necessary only for the deportation of undesirable immigrants, whereas the defendant was now in the prohibited class. 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 and consented to the earlier charge being withdrawn.