DEPORTATION ORDER

Evening Post, Volume CXXVI, Issue 73, 23 September 1938, Page 5

DEPORTATION ORDER

SHIP-DESERTING GERMAN

LEGAL PROCEDURE

FOLLOWED

(By Telegraph—Press Association.)

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 Hem, 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,! in Dunedin on May 1, the defendant; had been placed on the German vessel Dessau at Lyttelton, on September 14, a deportation 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the Customs Department, who applied for a fresh order of deportation under the new charge, and asked that the first be withdrawn, this being the advice of the Solicitor-General, to whom the matter had been referred.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had been brought under section 8 of the Undesirable Immigrants Act, was therefore incorrect, and he asked that it be withdrawn. The final port of call j 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 that 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 Mr. Mason'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 deportation by the Dessau from its final port of call in j the Dominion and consented to the earlier charge being withdrawn.