JUDGE ASKED TO REVOKE NATIONALISATION PAPERS

Stratford Evening Post, Volume II, Issue 355, 12 September 1933, Page 2

JUDGE ASKED TO REVOKE NATIONALISATION PAPERS

V ' APPLICATION MADE AGAINST JUGO-SLAV •0. . '! ' i tj y , r _

* Allegation of Communist Activities

. Auckland, Sept. 11. An application of an unusual kind was mafic in ■ the Supreme Court to-day on behalf of the Minister of Internal Affairs,’' when Mr/ Justice Herdman was asked io. revoke ’! naturalisation papers granted in 1926 to a Yugo-Slav, Ivan Tomasevic. The -application’ was based on* allegations of disloyalty and disaffection against Tomasevic., . . Mr, appeared in support of the Minister’s application which, he said, was’the first proceeding brought before the Court .in ’ New Zealand under the Britislf'Nationality and Status of Aliens (in New Zealand) Act of 1928. Tomasevic came forward and said he had been advised not to go into the box and give evidence. He was opposing the CroWnV application to revoke his certificate .of naturalisation. Mr. Hubble said the Act under which the proceedings were taken provided that the British Act dealing with naturalisation should be adopted in New Zealand. On November 11, 1926, Tomasevic was naturalised in New Zealand under the Act; then: in force, which corresponded to the existing Act. The British Act provided that the Secretary of State could revoke the certificate of naturalisation of a person “who had shown, himself by,'act or speech • disaffected or disloyal to his Majesty.” - be Sup-eme Court in accordance with- the :Irtish Act had power to can.-,i-a oe-'-ficatv. fi naturalisation. ; '

Mr. Hubble said’ that after Tomasevic had been naturalised he.took a leading part in Communistic activities among Yugc-Slavs at Auckland. In a raid on the- Communist headquarters at IbGcl Vivian Street, Wellington, on April 21, 1931, quantities of literature and correspondence were found. These showed that Tomasevic was an enrolled member of the Communist Party, and correspondence would be produced showing that he took an active part in the organisation and-in obtaining copies of the Red Worker and a pamphlet called “The Swindle.” i He v had been seen by police officers in company with Communists and addressing' Communists. The literature of the party showed clearly that its aims were such that an active member could not really he loyal and;.a good subject of the King, continued ■ counsel. The grant of naturalisation was hot a right, but was in the discretion of the Minister. Tomasevic had taken aA oath of allegiance, but his activities had been such that the only inference was that he was not, loyal. said Tomasevic had claimed the special privileges attaching to British citizenship and he had adopted, a line’of conduct that showed he was not adhterih’g Jo ’ hisi oath of allegiance. He could not fie loyal* both' to the Communist Party and to the Crown. The literature to be produced undoubtedly tended to promote a feeling of ill-will and-discontent, and some of the papers deliberately “ ‘invited to violence. The Crown- did not go the length of proving section;' But' it proved disaffection and disloyalty • .■ , . ; > Police evidence was given on the lines of 3|fr. Hubble’s statement and numerous documents were produced.i - The ‘hearing was adjourned.