IMMIGRATION ACT 1959/63 (REVISED

IMMIGRATION ACT 1959/63 (REVISED - 1975)

1 PART I PRELIMINARY-1. Short title and application.

(1) This Act may be cited as the Immigration Act 1959/63 .

[Am. by P.U.(A) 282/2002]

(2) This Act applies throughout Malaysia subject to Part VII.

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires:

"authorized airport" , "authorized landing place" and "authorized point of entry" mean respectively an airport, a landing place or a point of entry declared as such under section 5 (1);

"captain" means any person having for the time being control or charge of an aircraft;

"Certificate" means any Certificate of Status issued under any regulations made under this Act;

" crew " includes every seaman on a vessel, and every person employed in the operation of an aircraft or in any service rendered to the crew or passengers of the aircraft while in flight;

"Director General" means the Director General of Immigration ap
3 PART I PRELIMINARY-3. Appointment and powers of Director General and others.

(1) The Yang di-Pertuan Agong may appoint a Director General of Immigration and one or more Deputy Directors General of Immigration for the purpose of this Act.

[Subs. by Act A985: s.3]

(1A) The Minister may appoint so many Directors of Immigration and other senior immigration officers of or above the rank of Deputy Assistant Director of Immigration, as he may consider necessary for the proper carrying out of this Act.

[Ins. by Act A985: s.3; Am. by Act A1154: s.3]

(1B) The Director General may appoint so many immigration officers as he may consider necessary for the proper carrying out of this Act.

[Ins. by Act A985: s.3]

(2) The Director General shall have the general supervision and direction of all matters relating to immigration throughout Malaysia.

(3) The powers and discretions vested in the Director General by this Act, and the du
4 PART I PRELIMINARY-4. Power of Minister to issue directions.

The Minister may from time to time give the Director General directions of a general character not inconsistent with this Act as to the exercise of the powers and discretions conferred on the Director General by, and the duties required to be discharged by the Director General under, this Act in relation to all matters which appear to him to affect the immigration policy of Malaysia, and the Director General shall give effect to all such directions.

5 PART II ADMISSION INTO AND DEPARTURE FROM MALAYSIA-5. Entry into or departure from Malaysia.

(1) The Minister may, by notification in the Gazette, prescribe approved routes and declare such immigration control posts, landing places, airports or points of entry, as he may consider to be necessary for the purposes of this Act, to be immigration control posts, authorized landing places, authorized airports or authorized points of entry, as the case may be, and no person shall, unless compelled by accident or other reasonable cause, enter or leave Malaysia except at an authorized landing place, airport or point of entry.

(2) Any person who contravenes subsection (1) shall be guilty of an offence against this Act.

P.U.(B) 28/2011 - Port of Puteri Harbour Ferry Terminal in the State of Johor to be the authorized point of entry.

6 PART II ADMISSION INTO AND DEPARTURE FROM MALAYSIA-6. Control of entry into Malaysia.

(1) No person other than a citizen shall enter Malaysia unless:

(a) he is in possession of a valid Entry Permit lawfully issued to him under section 10;

[Am. by Act A985: s.4]

(b) his name is endorsed upon a valid Entry Permit in accordance with section 12, and he is in the company of the holder of the Permit;

[Am. by Act A985: s.4]

(c) he is in possession of a valid Pass lawfully issued to him to enter Malaysia; or

(d) he is exempted from this section by an order made under section 55.

(2) [Repealed by Act 27 of 1963] .

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to whippi
7 PART II ADMISSION INTO AND DEPARTURE FROM MALAYSIA-7. Right of entry.

(1) (a) A citizen shall be entitled to enter Malaysia without having obtained a Permit or Pass in that behalf under this Act.

(b) [Repealed by Act 27 of 1963] .

(2) [Repealed by Act of 1963] .

(3) The burden of proof that any person is a citizen shall lie upon that person.

8 PART II ADMISSION INTO AND DEPARTURE FROM MALAYSIA-8. Prohibited immigrants.

(1) Any person who, in the opinion of the Director General:

(a) is a member of any of the prohibited classes as defined in subsection (3) and is not a citizen is a prohibited immigrant.

(b) [Deleted by Act 27 of 1963] .

(2) Subject to any exemption granted under section 55:

(a) no prohibited immigrant who is a member of the prohibited class defined in paragraph (3) (o) shall enter Malaysia or, where he becomes a member of such prohibited class after he has entered Malaysia, remain in Malaysia; and

[Am. by Act A719: s.4]

(b) no other prohibited immigrant shall enter Malaysia, unless he is in possession of a valid Pass in that behalf issuable to a prohibited immigrant under any regulations made under this Act.

(3) The following persons are members of the prohibited classes:

9 PART II ADMISSION INTO AND DEPARTURE FROM MALAYSIA-9. *Director General's power to prohibit entry, or cancel any Pass or Permit.

(1) Notwithstanding anything contained in this Act or in any subsidiary legislation made under this Act, the Director General may:

(a) where he deems it expedient to do so in the interests of public security or by reason of any economic, industrial, social, educational or other conditions in Malaysia, by order, prohibit, either for a stated period or permanently, the entry or re-entry into Malaysia of any person or class of persons:

Provided that the order made under this paragraph shall not apply to any citizen or to the holder of any valid Pass or Permit;

(b) in his absolute discretion cancel any Pass at any time by writing under his hand; or

(c) cancel any Permit at any time by writing under his hand, if he is satisfied that the presence in, or entry into, Malaysia of the holder of any Permit is, or would be, prejudicial to public order, public security, public health or moralit
9A PART II ADMISSION INTO AND DEPARTURE FROM MALAYSIA-9A. Director General's power to limit entry into Malaysia.

(1) The Director General may, by order, where he deems it expedient to do so in the interests of public security or by reason of any economic, industrial, social, educational or other conditions in Malaysia:

(i) limit the number of persons of any class who may enter Malaysia within any period specified in the order; or

(ii) limit the period during which any person or class of persons entering or re-entering Malaysia may remain therein:

Provided that the order made under this subsection shall not apply to any citizen or to the holder of any valid Pass or Permit.

(2) Notwithstanding section 3(3), the powers of the Director General under this section shall be exercised only by the Director General personally or, during his absence or inability to act from any cause, only by the Deputy Director General personally.

(3) Every order made under subsection (1) shall come into force on the date o
10 PART III ENTRY PERMITS-10. Entry Permits.

(1) Any person seeking to enter Malaysia who is not entitled so to enter as a citizen or by virtue of a valid Pass to enter Malaysia issued to him or seeking to remain in Malaysia after the expiry of such a Pass may make application in that behalf in the manner prescribed to the Director General or to such other person whether within or outside Malaysia as the Director General may, from time to time, appoint for the purpose.

(2) Upon application made under subsection (1) and upon payment of the prescribed fees the Director General may issue to the applicant an Entry Permit on such terms and conditions as the Director General may think fit in the prescribed form and shall, if the applicant is required by any written law relating to passports for the time being in force in Malaysia to have a visa to enter Malaysia, issue a visa to the applicant on the production by him of his passport or other travel document and on payment of the fee prescribed
11 PART III ENTRY PERMITS-11. [Deleted by Act A985: s.7].

[Deleted by Act A985: s.7]

12 PART III ENTRY PERMITS-12. Endorsement of name of wife and children on Permits, Passes and Certificates.

Subject to such conditions as may be prescribed it shall be lawful for the Director General, on application made in that behalf in the prescribed form by the holder of, or by an applicant for, a Permit, Pass or Certificate, to endorse upon the Permit, Pass or Certificate issued to the person the name or names of the wife or child of that person.

13 PART III ENTRY PERMITS-13. Power to make inquiries.

The Director General may before the issue of a Permit, Pass or Certificate under this Act or before making any endorsement thereon under section 12 make such inquiries or require the production of such evidence as he may think fit in order to satisfy himself as to the truth of any statement made in the application for the Permit, Pass or Certificate.

14 PART III ENTRY PERMITS-14. Cancellation of, and declarations regarding, Permits and Certificates.

(1) Where the holder of any Permit seeks to enter Malaysia accompanied by any child whose name is not endorsed upon the Permit under section 12 and who is not otherwise entitled to enter Malaysia under this Act, the Director General may cancel the Permit issued to that person.

(2) Where, upon the arrival in Malaysia of any person to whom a Permit or Certificate has been issued, the Director General is satisfied, as a result of inquiries made under section 24 or 26, or from other information, that the Permit or Certificate was issued as a result of any false representation or concealment of a material fact the Director General may cancel the Permit or Certificate.

(3) Where at any time, during the period of validity of any Permit or Certificate, the Director General is satisfied that the holder of the Permit or Certificate is a prohibited immigrant, the Director General shall cancel the Permit or certificate.

(4) Where any person
15 PART III ENTRY PERMITS-15. Unlawful entry or presence in Malaysia.

(1) Without prejudice to any other provision of this Act prohibiting a person from remaining in Malaysia, a person shall not remain in Malaysia:

(a) after the cancellation of any Permit or Certificate under this Part;

(b) after the making of a declaration under section 14(4);

(c) after the expiration of the period of any Pass relating to or issued to him; or

(d) after the notification to him, in such manner as may be prescribed, of the cancellation, under any regulations made under this Act, of any Pass relating to or issued to him,

unless he is otherwise authorized to remain in Malaysia under this Act.

[Subs. by Act A719: s.8]

(2) A person shall not remain in Malaysia in contravention of proviso (a) to section 60 or of article 8 (2) of the Immigration (Transitional Provisions) Order 1963 [L.N. 226 o
16 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-16. Immigration signal.

(1) Subject to subsection (2) the master of every vessel which arrives in Malaysia shall hoist the prescribed immigration signal and shall exhibit the signal until authorized by an immigration officer to haul it down.

(2) Subsection (1) shall not apply to any vessel which plies solely between ports in Malaysia.

(3) The master of any vessel who contravenes or fails to comply with subsection (1) shall be guilty of an offence against this Act.

17 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-17. Vessel to proceed to Immigration Anchorage or other place ordered by immigration officer.

(1) The Director General may, by notification in the Gazette , declare any place within the limits of any port to be an Immigration Anchorage, either for vessels generally or for vessels of a class specified in the notification, and the master of any vessel which arrives at a port where an Immigration Anchorage, either for vessels generally or for vessels of a class to which that vessel belongs, has been declared shall, subject to any directions given under subsection (3), forthwith navigate his vessel to that anchorage and shall remain there until an immigration officer gives him permission to leave.

(2) No vessel carrying passengers, other than a vessel which plies solely between ports in Malaysia, shall proceed to any place in Malaysia other than a port within which an Immigration Anchorage has been declared under subsection (1).

(3) The master of every vessel which arrives in Malaysia shall, if so ordered by an immigration o
18 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-18. Aircraft arriving in Malaysia.

(1) The captain of every aircraft which arrives in Malaysia shall land his aircraft at an authorized airport.

(2) The captain of any aircraft who, without reasonable cause, contravenes or fails to comply with subsection (1) shall be guilty of an offence against this Act.

19 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-19. Persons not to board or leave vessel until examination completed.

(1) Save under and in accordance with any authority granted by an immigration officer, no person other than:

(a) the pilot;

(b) any Government officer boarding the vessel on duty;

(c) the owner, charterer, or agent of the vessel; or

(d) a consular officer of the country to which the vessel belongs,

shall leave or board a vessel arriving in Malaysia, nor may any person (other than the crew of a vessel carrying any such person) approach within one cable length of the vessel, until the vessel has been examined by an immigration officer and the immigration signal has been hauled down.

(2) Any person who contravenes subsection (1) shall be guilty of an offence against this Act and every such person leaving a vessel in contravention of subsection (1) shall if so required by an immigration officer return forthwith to the vessel and remain thereon and
20 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-20. Prohibition on disembarking from or boarding ships without permission of immigration officer.

(1) It shall be the duty of the master, and the owner or charterer, of every vessel which arrivers in Malaysia to prevent any person other than a person specified in subsection 19(1) from disembarking from or boarding any such vessel until the disembarkation or boarding has been authorized by an immigration officer, and for that purpose any means reasonably necessary may be used.

(2) Where any person disembarks from or boards any vessel before being authorized by an immigration officer in that behalf, that person, the master and the owner or charterer of the vessel shall each be guilty of an offence against this Act and it shall be no defence to a prosecution that the master, owner, or charterer did not permit or do anything to facilitate the disembarkation or boarding of any such person, but it shall be a good defence that the master, owner, or charterer took every reasonable precaution to prevent such disembarkation or boarding.

21 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-21. Prohibition of removal of articles before examination.

(1) Except with the authority of an immigration officer, no article or thing shall be removed or taken from, or put on board, any vessel until the vessel has been examined by an immigration officer under section 19.

(2) Any person who contravenes subsection (1) shall be guilty of an offence against this Act.

22 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-22. Production of certain lists and persons by masters of vessel and captains of aircraft.

(1) (a) The master of every vessel arriving in or leaving Malaysia shall:

[Am. by Act A985: s.8]

(i) furnish to an immigration officer a complete list of the members of the crew in such form and containing such particulars as may be prescribed;

[Am. by Act A985: s.8]

(ii) produce to an immigration officer for inspection and interrogation all the members of the crew;

[Am. by Act A985: s.8]

(iii) furnish to an immigration officer in triplicate identification card of each member of the crew in such from as may be prescribed;

[Am. by Act A985: s.8]

(iv) submit to such search of his vessel by an immigration officer as may be necessary to establish the presence or absence of other persons on board;

[Am. by Act A985: s.8]

(v) produce to an immigra
23 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-23. [Omitted].

[Omitted] .

23A PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-23A. [Omitted].

[Omitted] .

24 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-24. Examination of persons arriving by sea or at authorized airport.

(1) Every person arriving by sea or by air at an authorized airport in Malaysia shall appear before an immigration officer at such time and place as the officer may direct; and the officer, after such examination as he may consider necessary, shall inform any person whom he considers to be prohibited from entering Malaysia under this Act of his finding, and:

(a) if he person arrived by sea and is still aboard the vessel, he shall not disembark in Malaysia, or, if disembarked for the purpose of the examination, he shall return forthwith to the vessel and remain thereon. The master of the vessel shall likewise forthwith be informed in writing by the immigration officer of his finding and the master shall not permit the person to disembark in Malaysia, or, if the person has disembarked, whether for the purpose of examination or otherwise, shall be bound to re-embark him; and

(b) if the person arrived by air,
25 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-25. [Omitted].

[Omitted] .

26 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-26. Examination of persons entering Malaysia by land or at a place other than an authorized airport.

(1) Every person who enters Malaysia by land shall enter at an authorized point of entry and shall proceed therefrom by an approved route, prescribed under section 5, to the nearest immigration control post and shall appear before the immigration officer in charge of the post and shall, if required, produce particulars in such form as may be prescribed.

(2) Every person who arrives by sea or air in Malaysia at any place other than an authorized landing place or airport shall forthwith proceed to and appear before the nearest immigration officer.

(3) The immigration officer before whom any person appears in accordance with this section shall if he considers that the person is prohibited from entering Malaysia under this Act inform the person of his finding and the person shall in accordance with the instructions for the immigration officer forthwith leave and depart from Malaysia.

(4) Any person who contravenes or fails to compan
27 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-27. Power to send person to depot for further examination.

(1) Where an immigration officer is in doubt as to the right of any person to enter Malaysia, it shall be lawful for the officer to direct the person to an immigration depot and, in such case, the person shall proceed forthwith to the depot and shall remain there until permitted to leave by the officer:

Provided that:

(i) [Deleted by Act A719: s.12] ;

(ii) the Director General may, in his discretion, and pending the completion of inquiries regarding the said person, release the person from the immigration depot on such terms and conditions as the Director General may deem fit, and for that purpose the Director General may issue to the person a Pass in the prescribed form.

(2) Any person who refuses or neglects to comply with directions given by an immigration officer under subsection (1), or who leaves an immigration depot in contravention of that subsection, shall be guilty of an offen
28 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-28. Interrogation of travellers.

(1) Any person who arrives in Malaysia or who is about to leave Malaysia shall fully and truthfully answer all questions and enquiries put to him by an immigration officer, or a senior police officer, tending directly or indirectly to establish his identity, nationality or occupation or bearing on any of the restrictions contained in this Act or any absolute or conditional liability on his part to any military, naval or air force service under any state or country whatsoever, and shall disclose and produce to any such officer on demand all documents in his possession relating to those matters.

(2) All such answer and documents shall be admissible in evidence in any proceedings under this Act against the person making, disclosing or producing the same:

Provided that nothing in this section shall be construed as rendering any such answer inadmissible in any other proceedings in which they would otherwise be admissible.

(3) Any per
29 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-29. [Deleted by Act A719: s.13].

[Deleted by Act A719: s.13] .

30 PART IV PROCEDURE ON ARRIVAL IN MALAYSIA-30. Immigration officer may give instructions to prevent evasion of examination.

(1) An immigration officer may give such instructions as may be reasonably necessary to ensure that no passenger or member of a crew evades examination either of his person or effects.

(2) Any person who without reasonable excuse refuses or fails to comply with any instruction given under subsection (1) shall be guilty of an offence against this Act.

31 PART V REMOVAL FROM MALAYSIA-31. Removal of prohibited immigrants from Malaysia.

If during the examination of any person arriving in Malaysia or after such enquiry as may be necessary the person is found to be a prohibited immigrant, the Director General shall, subject to any regulations made under this Act, prohibit the person from disembarking or may in his discretion detain him at an immigration depot or other place designated by the Director General until an opportunity arises to return him to his place of embarkation or to the country of his birth or citizenship.

32 PART V REMOVAL FROM MALAYSIA-32. Removal of illegal immigrants.

(1) Any person who is convicted of an offence under section 5, 6, 8 or 9 shall be liable to be removed from Malaysia by order of the Director General:

Provided that no citizen convicted of an offence under section 5 shall be ordered to be removed from Malaysia under this subsection.

(2) [Deleted by Act 27 of 1963] .

33 PART V REMOVAL FROM MALAYSIA-33. Removal of persons unlawfully remaining in Malaysia.

(1) Where the presence of any person in Malaysia is unlawful by reason of section 9, 15 or 60 the person shall, whether or not any proceedings are taken against him in respect of any offence against this Act, be removed from Malaysia by order of the Director General.

[Am. by Act A719: s.14]

(2) Any person in respect of whom an order of removal has been made under subsection (1) may appeal to the Minister* in such manner and within such time as may be prescribed:

Provided that there shall be no appeal under this subsection against an order of removal under subsection (1) made in respect of any person whose presence in Malaysia is unlawful under section 9 by reason of any order made under paragraph 9(1) (a) or by reason of the cancellation of a Pass or Permit under paragraph 9(1) (b) or 9(1) (c) respectively, or is unlawful under paragraph 15(1) (c) or section 60 by reason of
34 PART V REMOVAL FROM MALAYSIA-34. Detention of persons ordered to be removed.

(1) Where any person is ordered to be removed from Malaysia under this Act, such person may be detained in custody for such period as may be necessary for the purpose of making arrangements for his removal:

[Am. by Act A719: s.15]

Provided that any person detained under this subsection who appeals under subsection 33 (2) against the order of removal may, in the discretion of the Director General, be released, pending the determination of his appeal, on such conditions as to furnishing security or otherwise as the Director General may deem fit.

(2) Subject to the determination of any appeal under section 33, any person who is ordered to be removed from Malaysia may be placed on board a suitable vessel or aircraft by any police officer or immigration officer, and may be lawfully detained on board the vessel or aircraft, so long as the vessel or aircraft is within the limits of Malaysia.

(3) Any perso
35 PART V REMOVAL FROM MALAYSIA-35. Power to arrest person liable to removal.

Any person reasonably believed to be a person liable to removal from Malaysia under this Act may be arrested without warrant by any immigration officer generally or specially authorized by the Director General in that behalf or by a senior police officer, and may be detained in any prison, police station or immigration depot for a period not exceeding thirty days pending a decision as to whether an order for his removal should be made.

36 PART V REMOVAL FROM MALAYSIA-36. Unlawful return after removal.

Any person who, having been lawfully removed or otherwise sent out of Malaysia, unlawfully enters Malaysia or unlawfully resides in Malaysia shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to whipping of not more than six strokes, and shall, in addition to any penalty for the offence, be removed or again removed, as the case may be, from Malaysia.

[Subs. by Act A719: s.16; Act A985: s.10]

37 PART V REMOVAL FROM MALAYSIA-37. [Deleted by Act 27 of 1963].

[Deleted by Act 27 of 1963] .

38 PART VI MISCELLANEOUS-38. Performance of duties of officers.

(1) Immigration officers shall perform the duties imposed on them by this Act, and shall also perform such duties as are required of them by the Director General, either directly or through any other officer; and no action taken by any such officer under or for any purpose of this Act shall be deemed to be invalid or unauthorized by reason only that it was not taken by the officer specially appointed or detailed for the purpose.

(2) Every immigration officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574] .

39 PART VI MISCELLANEOUS-39. Authority of immigration officer to arrest and prosecute.

(1) Every immigration officer shall have the authority and powers of a police officer to enforce any of the provisions of this Act relating to arrest, detention or removal.

(2) [Deleted by Act A1154: s.6] .

39A PART VI MISCELLANEOUS-39A. Immigration officer's powers to make inquiries, etc.

(1) An immigration officer may, where:

(a) any person desires to enter Malaysia;

(b) any person applies for a Pass, Permit, or Certificate, regardless whether he is within or outside Malaysia;

(c) he considers it necessary in order to ascertain whether the holder of a Pass, Permit, or Certificate is a prohibited immigrant or that any material statement made in connection with his application for a Pass, Permit, or Certificate, was false or misleading;

(d) he considers it necessary to do so in order to ascertain whether the presence of any person in Malaysia is lawful; or

(e) he considers it necessary to do so for the purpose of otherwise exercising any of his powers, or discharging any of his duties, or carrying out any of his functions, under this Act in relation to any person,

make all such inquiries or require the production of all
40 PART VI MISCELLANEOUS-40. Power to summon witnesses, etc.

(1) The Director General may for the purpose of:

(a) any investigation into any offence under this Act;

(b) any inquiry under this Act;

(c) the enforcement of any provision of this Act; or

(d) otherwise exercising any power, discharging any duty, or carrying out any function, under this Act,

summon and examine witnesses on oath or affirmation, and may require the production of any relevant documents.

[Subs. by Act A719: s.18]

(2) Any person summoned as a witness under subsection (1) who without reasonable excuse fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document which it is in his power to produce, shall be guilty of an offence against this Act.

(3) Any statement made, or any doc
40A PART VI MISCELLANEOUS-40A. Admissibility of deposition of person who cannot be found.

(1) Notwithstanding anything contained in this Act and any written law to the contrary,where in any proceeding for any offence under this Act a testimony of any person in respect of whom an order for removal from Malaysia has been made by the Director General under section 32,33 and 56(2) is required by the court,there shall be admissible in evidence before that court any deposition relating to the subject matter of that proceeding made by that person:

(a) in Malaysia before a Sessions Court Judge or a Magistrate in the presence or absence of the person charged with the offence;or

(b) outside Malaysia before a consular officer or a judicial officer of a foreign country in the presence or absence of the person charged with the offence,

and any such deposition shall,without further proof,be admitted as prima facie evidence of any fact stated in the deposition.

(2) It shall not b
41 PART VI MISCELLANEOUS-41. Duty of police officer to execute orders.

All police officers shall, when so requested by a senior immigration officer, receive and execute according to the tenor thereof any written order of the Director General, and any warrant of the Director General for the arrest, detention or removal of any person made under this Act.

42 PART VI MISCELLANEOUS-42. Restriction of discharge of member of crew.

(1) When any seaman is about to be, or is discharged or paid off in Malaysia, the master, owner, charterer or agent shall so notify the Director General.

(2) No member of a crew who has been discharged or paid off shall be left in Malaysia unless either:

(a) he is a citizen; or

(b) he is in possession of a valid Permit or Pass.

(3) Where there has been any contravention of subsection (2), the master, captain, owner, charterer, agent or consignee of the vessel or aircraft in which the person concerned was employed shall be liable for the maintenance of that person and for the cost of his repatriation to his place of birth or citizenship or, if the master, captain, owner, charterer, agent or consignee so elects, to such other place as may be approved by the Director General.

43 PART VI MISCELLANEOUS-43. Signing on or bringing as one of the crew any person with intent to land contrary to this Act.

Any transportation company and any person, including the master or captain and the owner of a vessel or aircraft arriving in Malaysia, who has signed on the ship's articles or brought to Malaysia as a member of the crew of the vessel or aircraft any person with intent to to permit the person to enter Malaysia contrary to this Act, or who represents to an immigration officer that any such person is a bona fide member of the crew of the vessel or aircraft, shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine, in respect of each such person, not exceeding five thousand and not less than one thousand ringgit.

[Am. by Act A719: s.19; Act A985: s.11]

44 PART VI MISCELLANEOUS-44. Security to prevent unlawful landing.

(1) An immigration officer may demand security, whether by deposit or otherwise, from the master, captain, owner, charterer or agent or consignee of any vessel or aircraft from which he has reasonable grounds to believe that any person is about to disembark in or enter Malaysia in contravention of this Act, and may refuse to release the vessel or aircraft from examination until the security is furnished.

(2) The Director General may, if satisfied that any person has disembarked in or entered Malaysia from any vessel or aircraft, in respect of which security has been furnished under subsection (1), in contravention of this Act, direct the forfeiture of the security or any part thereof:

Provided that the Director General shall not direct the forfeiture of any security under this subsection if he is satisfied that the master, captain, owner, charterer, agent or consignee took every reasonable precaution to prevent any person from so disemb
45 PART VI MISCELLANEOUS-45. Reports as to persons failing to continue their journey.

(1) Where any through passenger on or member of the crew of any vessel or aircraft fails to continue his journey in that vessel or aircraft in circumstances from which it may reasonably be inferred that the passenger or member of the crew has remained in Malaysia, the master of the vessel or the captain of the aircraft, as the case may be, shall notify an immigration officer or a senior police officer of the failure of the passenger or member of the crew to continue his journey.

(2) Any master or captain who fails to comply with subsection (1) shall be guilty of an offence against this Act.

46 PART VI MISCELLANEOUS-46. Repatriation.

(1) Any person residing in Malaysia who:

(a) is not a citizen;

(b) is by reason of destitution, infirmity or mental incapacity, unable to obtain employment or to support himself and his family (if any);

(c) is unable to pay the cost of his passage and of the passages of his family (if any) to the country of his birth or citizenship; and

(d) is or is likely to become a charge upon the public or on a charitable institution,

may apply to the Director General for the repatriation of himself and his family (if any) at the cost of the Government.

(2) Upon any such application, if the Director General is satisfied, after such inquiry as he deems necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself and his family, if any, and that no gove
47 PART VI MISCELLANEOUS-47. Masters, captains, owners, etc, liable for expenses.

If any person:

(a) enters Malaysia from any vessel or aircraft contrary to this Act; or

(b) disembarks from any vessel or aircraft on which he has been re-embarked or to which he has been returned under section 19, 20 or 24,

the master or captain and the owner, charterer and agent thereof shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of that person and his removal from Malaysia and such expenses shall be recoverable as a debt due to Government from the master or captain and the owner, charterer and agent of the vessel or aircraft jointly and severally.

48 PART VI MISCELLANEOUS-48. Obligation to afford free passage.

(1) Where a person has been ordered to be removed under this Act and such person was brought to Malaysia in a vessel or an aircraft, the master, captain, owner, charterer or agent of the vessel or aircraft, as the case may be, shall, if required in writing by the Director General, afford that person free of charge a passage on any vessel or aircraft to the port or place at which he embarked and proper accommodation and maintenance during the voyage or flight:

Provided that no such master, captain, owner, charterer or agent shall be liable as aforesaid unless the order of removal has been made by the Director General within twelve months from the date upon which the person entered Malaysia.

[Subs. by Act A985: s.12]

(2) The master, captain, owner, charterer or agent of any vessel or aircraft, as the case may be, who fails to comply with this section shall be guilty of an offence against this Act.

48A PART VI MISCELLANEOUS-48A. Liability for removal.

(1) A person:

(a) who is involved, directly or indirectly, in conveying to Malaysia in or on any vehicle, vessel or aircraft any person contrary to this Act;

(b) who employs any person, other than a citizen or a holder of an Entry Permit, who is not in possession of a valid Pass; or

(c) who harbours any person whom he knows or has reasonable grounds for believing to have acted in contravention of this Act,

shall be liable for the expenses of removing that person from Malaysia and for reimbursing the Government the expenses incurred in respect of the detention and maintenance of that person.

(2) Where the Government has incurred expenses in detaining and maintaining or in removing any person ordered to be removed under this Act, such expenses shall be recoverable as a debt due to the Government from the persons named in subsection (1).

49 PART VI MISCELLANEOUS-49. Power to detain vessel.

(1) The Director General may by writing under his hand authorize any Port Officer to detain any vessel in connection with which an offence against this Act is reasonably believed to have been or to be about to be committed, and the vessel may then be detained either at the place where it is found or at any place to which the Director General may order it to be brought. The Director General shall give notice to the master or owner or charterer or agent of the vessel of the detention of the vessel.

(2) For the purposes of the detention and other lawful dealing with the vessel the Port Officer shall have power to muster the crew and may, if he considers it necessary so to do, place a police guard on board.

(3) The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the Director General be given by the master, owner, charterer or agent of the vessel for the payment of any f
49A PART VI MISCELLANEOUS-49A. Power to seize, detain and forfeit vessels, vehicles or aircraft.

[Am. by Act A985: s.14]

(1) Any vessel, vehicle or aircraft which is used or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used in the commission of any offence against this Act may be seized and detained by the Director General or any senior immigration officer, authorized in that behalf by the Director General in writing under his hand, at any place either on land or in the territorial waters of Malaysia.

(2) The seizing officer shall forthwith give notice in writing of the seizure and the grounds thereof to the owner, charterer or agent of the vessel, vehicle or aircraft so seized or detained, either by delivering the notice to him in person or by post at his place of office or abode, if known:

Provided that no notice shall be required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the o
50 PART VI MISCELLANEOUS-50. Powers of interrogation.

(1) Without prejudice to the powers of an immigration officer under section 39A, any person reasonably believed to be a person liable to removal from Malaysia under this Act may be questioned by an immigration officer, and the person shall fully and truthfully answer all questions and enquiries put to him by the immigration officer tending directly or indirectly to establish his identity, nationality, occupation or details of the mode or means of travel or bearing on any of the restrictions contained in this Act, and shall disclose and produce to the officer on demand all documents in his possession relating to the matters.

[Am. by Act A719: s.20]

(2) All such answers and documents shall be admissible in evidence in any proceedings under this Act against the person making or producing the same:

Provided that nothing in this section shall be construed as rendering any such answer inadmissible in any other p
51 PART VI MISCELLANEOUS-51. Powers of search and arrest.

(1) (a) Any senior immigration officer;

(b) any senior police officer;

(c) any other police officer generally or specially authorized in that behalf by the Director General; and

(d) any officer of the Customs Department acting under the instructions of a senior immigration officer,

may without a warrant and with or without assistance:

(i) enter and search any premises; or

(ii) stop and search any vessel, vehicle or person, or search any aircraft, whether in a public place or not,

if he has reason to believe that any evidence of the commission of an offence against this Act is likely to be found on such premises or person or in such vessel, vehicle or aircraft, and may seize any evidence so found.

(2) No woman shall be searched under this section except by a woman.

(3) (a) Any police officer, immigration officer o
51A PART VI MISCELLANEOUS-51A. Immigration depot.

The Director General may designate any place as an immigration depot for the examination,inspection,investigation or detention of persons under this Act.

[Ins. by Act A1154: s.8]

51B PART VI MISCELLANEOUS-51B. Custody deemed lawful.

A person:

(a) who is being taken to or from an immigration depot; or

(b) who is being detained at an immigration depot,

shall be deemed to be in lawful custody.

[Ins. by Act A1154: s.8]

52 PART VI MISCELLANEOUS-52. Registration of particulars for purposes of identification.

The provisions of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7] , relating to persons ordered to be expelled from Malaysia shall apply to persons ordered to be removed from Malaysia under this Act and for the purpose of so applying that Act an immigration officer shall be deemed to be a police officer.

53 PART VI MISCELLANEOUS-53. Counterfoils, etc, to be prima facie evidence.

In any proceedings under this Act or at the hearing of any charge for an offence against this Act any counterfoil or counterpart of any Permit, Pass, Internal Travel Document, Certificate or other document issued under this Act and purporting to be signed by a senior immigration officer may be produced in evidence without further proof and shall be prima facie evidence of the facts therein stated and shall unless the contrary be proved be presumed to be a true statement of the relevant contents of the Permit, Pass, Internal Travel Document, Certificate or other document to which it relates.

54 PART VI MISCELLANEOUS-54. Regulations.

(1) The Minister may make regulations for all or any of the following purposes:

(a) prescribing anything which is to be or may be prescribed under this Act;

(b) prescribing the forms to be used for the purposes of this Act;

(c) prescribing:

(i) the period for which Permits shall be valid;

(ii) the terms and conditions subject to which any person may be granted a Permit and the authority who may issue Permits;

(iii) the terms and conditions subject to which any person may be granted a Pass entitling him to enter and remain temporarily within Malaysia, the period for which any such Pass may be granted, the classes of Passes and the authority who may issue the Passes; and

(iv) the terms and conditions subject to which any person may be granted a Certificate of Status entitling him to enter Malaysia, the period for which such Certificate may be gran
55 PART VI MISCELLANEOUS-55. Power to exempt.

(1) Notwithstanding anything contained in this Act, the Minister may by order exempt any person or class or persons, either absolutely or conditionally, from all or any of the provisions of this Act and may in any such order provide for any presumptions necessary in order to give effect thereto.

(2) Every order made under this section which relates to a class of persons shall be published in the Gazette .

55A PART VI MISCELLANEOUS-55A. Conveying a person to Malaysia contrary to this Act.

(1) Any person involved, directly or indirectly, in conveying to Malaysia in or on any vehicle, vessel or aircraft any person contrary to this Act shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit and to imprisonment for a term of not less than two years but not more than five years and shall also be liable to whipping of not more than six strokes.

(2) Where the offence under subsection (1) has been committed by a body corporate, the body corporate shall be guilty of that offence and shall, on conviction, be liable to a fine of not less than thirty thousand ringgit but not more than one hundred thousand ringgit.

(3) Where the offence under subsection (1) has been committed by a body corporate, any person who at the time of the commission of the offence was a member of the board of directors, a manager, a secretary or a person holding
55B PART VI MISCELLANEOUS-55B. Employing a person who is not in possession of a valid Pass.

(1) Any person who employs one or more persons, other than a citizen or a holder of an Entry Permit, who is not in possession of a valid Pass shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each such employee.

[Am. by Act A1154: s.9]

(2) A Pass lawfully issued to any person shall cease to be a valid Pass when any of its terms and conditions is contravened.

(3) Where, in the case of an offence under subsection (1), it is proved to the satisfaction of the court that the person has at the same time employed more than five such employees that person shall, on conviction be liable to imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes.
<
55C PART VI MISCELLANEOUS-55C. Defence.

It shall be a defence for any person prosecuted pursuant to subsection 55A(3), 55B(5) or 55E(6) if he proves:

[Am. by Act A1154: s.10]

(a) that the offence was committed without his knowledge or connivance; or

(b) that he:

(i) took all reasonable precaution; and

(ii) exercised all due diligence,

to prevent the commission of the offfence as he ought to have taken and exercised having regard to the nature of his functions in that capacity and to all the circumstances.

[Ins. by Act A985: s.16]

55D PART VI MISCELLANEOUS-55D. Forgery or alteration of endorsement or document.

Any person who makes, forges or alters an endorsement or a document to be used as a visa, Permit, Pass or Certificate under this Act shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine of not less than thirty thousand ringgit but not more than one hundred thousand ringgit and to imprisonment for a term of not less than five years but not more than ten years and shall also be punished with whipping of not more than six strokes.

[Ins. by Act A985: s.16]

55E PART VI MISCELLANEOUS-55E. Occupier not to permit illegal immigrant to enter or remain at premises.

(1) No occupier shall permit any illegal immigrant to enter or remain at any premises.

(2) An occupier who contravenes subsection (1) shall be guilty of an offence and shall,on conviction, be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each illegal immigrant found at the premises and,in the case of a second or subsequent conviction,to a fine of not less than ten thousand ringgit and not more than sixty thousand ringgit or to imprisonment for a term not exceeding two years or to both for each illegal immigrant found at the premises.

(3) For the purposes of this section,it shall be presumed,unless the contrary is proved, that an occupier in the case where an illegal immigrant is found at the premises:

(a) had permitted the illegal immigrant to enter or remain at the premises; and

56 PART VI MISCELLANEOUS-56. Offences.

(1) Any person who:

(a) [Deleted by Act A719: s.23] ;

(b) [Deleted by Act A719: s.23] ;

(c) [Deleted by Act 27 of 1963] ;

(d) harbours any person whom he knows or has reasonable grounds for believing to have acted in contravention of this Act except section 55E;

[Am. by Act A985: s.17; Act A1154: s.12]

(e) [Deleted by Act 27 of 1963] ;

(f) makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by this Act;

(g) resists or obstructs, actively or passively, any immigration officer in the execution of his duty;

(h) without lawful excuse hinders or obstructs any removal under this Act;

(i) gives, sells or parts with possession of any Entry Permit, Pass, Internal Travel Document or Certificate in o
57 PART VI MISCELLANEOUS-57. General penalty.

Any person guilty of an offence against this Act for which no special penalty is provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

[Am. by Act A719: s.24; P.U.(A) 282/2002]

58 PART VI MISCELLANEOUS-58. Trial of offences.

(1) All offences against this Act shall be cognizable:

(a) in Peninsular Malaysia, by a Sessions Court and by a Court of a First Class Magistrate; and

(b) in Sabah and Sarawak, by a Court of a First Class Magistrate;

(2) No prosecution shall be instituted in respect of any offence against this Act without the sanction in writing of the Public Prosecutor.

[Am. by Act A1154: s.13]

Provided that nothing herein shall prevent any police officer or immigration officer from exercising his powers to arrest or detain any person under this Act.

(3) In Peninsular Malaysia any Sessions Court or Court of a First Class Magistrate and in Sabah and Sarawak any Court of a First Class Magistrate* may notwithstanding anything in the Subordinate Courts Act 1948 [Act 92] , the Sabah Criminal Procedure Code [Sabah 4/1959] + or the Sarawak Criminal Procedure C
58A PART VI MISCELLANEOUS-58A. Power to compound.

(1) Any person prescribed by regulations made under this Act,may,with the consent of the Public Prosecutor,compound any such offence as may be prescribed to be a compoundable offence by regulations made under this Act,by accepting from the person reasonably suspected of having committed the offence a sum of money within such time as may be specified in his written offer.

(2) An offer under subsection (1)may be made at any time after the offence has been committed,and where the amount specified in the offer is not paid within the time specified in the offer,or such extended time as the prescribed person in subsection (1) may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(3) Where the offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

(4)
59 PART VI MISCELLANEOUS-59. Exclusion of right to be heard.

No person and no member of a class of persons shall be given an opportunity of being heard before the Minister or the Director General, or in the case of an East Malaysian State, the State Authority, makes any order against him in respect of any matter under this Act or any subsidiary legislation made under this Act.

[Ins. by Act A719: s.25, Am. by Act A985: s.18]

59A PART VI MISCELLANEOUS-59A. Exclusion of judicial review.

(1) There shall be no judicial review in any court of any act done or any decision made by the Minister or the Director General, or in the case of an East Malaysian State, the State Authority, under this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision.

(2) In this section, "judicial review" includes proceedings instituted by way of:

(a) an application for any of the prerogative orders of mandamus , prohibition and certiorari ;

(b) an application for a declaration or an injunction;

(c) any writ of habeas corpus; or

(d) any other suit or action relating to or arising out of any act done or any decision made in pursuance of any power conferred upon the Minister or the Director General, or in the case of an East Malaysian State, the State Authority,
59B PART VI MISCELLANEOUS-59B. Definitions of "Director General" and "order" in sections 59 and 59A.

In sections 59 and 59A:

(a) "Director General" includes any immigration officer exercising and discharging the powers and duties vested in the Director General; and

(b) "order" includes any decision, any direction, and any act of cancellation of any Pass, Permit or Certificate.

[Ins. by Act A719: s.25]

59C PART VI MISCELLANEOUS-59C. Reward.

The Director General may order such reward as he thinks fit to be paid to any person for any service rendered in connection with the detection and prosecution of an offence under this Act.

[Ins. by Act A985: s.20]

60 PART VI MISCELLANEOUS-60. Repeal and saving.

The Federation of Malaya Immigration Ordinance 1952, and subject to section 74, the Sabah Immigration Ordinance 1962, and the Sarawak Immigration Ordinance are hereby repealed:

Provided that:

(a) any person in Malaysia whose presence is unlawful under the Ordinances hereby repealed shall be deemed to be unlawfully in Malaysia for the purposes of this Act;

(b) any person in Malaysia who is authorized to remain temporarily within Malaysia under any written law in force immediately prior to the coming into force of this Act shall be deemed to be the holder of a Pass issued under this Act to enter and remain temporarily within Malaysia for the period for which he is authorized to remain in Malaysia under the provisions of that law; and

(c) any authority to enter Malaysia granted under any law in force immediately before the coming into operation of this Act and valid at that date shall
61 PART VI MISCELLANEOUS-61. [Deleted by Act 27 of 1963].

[Deleted by Act 27 of 1963] .

62 PART VII SPECIAL PROVISIONS FOR EAST MALAYSIA CHAPTER 1 - GENERAL-62. Interpretation.

In this Part unless the context otherwise requires:

"East Malaysian State" means the State of Sabah or Sarawak, as the case may require, and "East Malaysian States" shall be construed accordingly;

"Director" means the Director of Immigration, Sabah, or the Director of Immigration, Sarawak, as the case may require;

"State Authority" , for any purpose relating to an East Malaysian State, means the Chief Minister of the State or such person holding office in the State as the Chief Minister may designate for the purpose by notification in the State Gazette .

63 PART VII SPECIAL PROVISIONS FOR EAST MALAYSIA CHAPTER 1 - GENERAL-63. Delegation of powers.

Parts II and III of the Delegation of Powers Act 1956 [Act 358] , so far as relevant for the purposes of this Act, shall for those purposes extend to East Malaysia whether or not so extended for any other purpose.

64 CHAPTER 2 - SPECIAL PROVISIONS-64. Application of immigration law to each East Malaysian State as separate unit.

(1) Without prejudice to the general operation of Parts I to VI (in East Malaysia as in Peninsular Malaysia), as a general law for Malaysia as a whole, those Parts shall also have effect, subject to and in accordance with this Chapter, as a special law for each of the East Malaysian States as if for any reference to Malaysia (except in a reference to a Government in Malaysia) there were substituted a reference to the East Malaysian State.

(2) Regulations under section 54 and orders under section 55 (exemptions), may make special provision as regards an East Malaysian State for the purposes of Parts I to VI as a special law for that State; and no such regulations shall be made or have effect so as to prejudice the powers conferred by this Chapter on the authorities of the State.

(3) There shall be a Director for each of the East Malaysian States who, subject to subsections 3 (2) and 4, shall have all such authority to exercise the power
65 CHAPTER 2 - SPECIAL PROVISIONS-65. General powers of State authority.

(1) In exercising his powers under Parts I to VI as a special law for an East Malaysian State the Director shall comply with any directions given to him by the State authority, being directions:

(a) requiring him not to issue a Permit or Pass, or a specified description of Permit or Pass, to any specified person or class or persons, or to do so only for a specified period or on specified terms and conditions;

(b) restricting the making of endorsements on a Permit, Pass or Certificate; or

(c) requiring him to cancel any Permit, Pass or Certificate issued to a specified person, or to deem a specified person to be an undesirable immigrant, or to declare that a specified person's presence in the East Malaysian State is unlawful, or to order a specified person's removal from the State.

[Am. by Act A985: s.21]

(2) Where the Director takes any
66 CHAPTER 2 - SPECIAL PROVISIONS-66. Restriction on citizen's right of entry into an East Malaysian State.

(1) Subject to subsection (2) and to sections 67 and 68, a citizen shall not be entitled to enter an East Malaysian State without having obtained a Permit or Pass in that behalf unless:

(a) he belongs to the East Malaysian State;

(b) he is a member of the Federal Government, or of the Executive Council or Legislative Assembly of the East Malaysian State (or of any Council having similar functions in the State);

(c) he is a judge of the Federal Court or of the High Court in Borneo, or is a person designated or nominated to act as such, or he is a member of any Commission or Council established by the Federal Constitution or by the Constitution of the East Malaysian State; or

(d) he is a member of any of the public services of the Federation, or of the public service of the East Malaysian State, or of a joint public service serving the East Malaysian State, or is seconded to
67 CHAPTER 2 - SPECIAL PROVISIONS-67. Right to enter East Malaysian State for exercise of political rights.

Subsection 66 (1) shall not have effect in relation to a citizen entering the East Malaysian State for the sole purpose of engaging in legitimate political activity; but the burden of proof that a person is entitled to enter the East Malaysian State under this section shall lie on him.

68 CHAPTER 2 - SPECIAL PROVISIONS-68. Right to enter East Malaysian State for purposes of Federal Government.

(1) Subsection 66 (1) shall not have effect in relation to any citizen whose entry into the East Malaysian State is temporarily required by the Federal Government in order to enable that Government to carry out its constitutional and administrative responsibilities.

(2) The Minister shall from time to time notify the Director of the persons or classes of persons whose entry into an East Malaysian State is required as aforesaid, and shall give him such particulars as are necessary to enable him to discharge his functions in relation to those persons; and in relation to an East Malaysian State subsection (1) shall not be taken to apply to any person unless he is a person, or belongs to a class of persons, so notified to the Director in relation to that State.

(3) The Minister shall not give any notification to the Director under subsection (2) except after consultation with the State Authority.

69 CHAPTER 2 - SPECIAL PROVISIONS-69. Entry from outside East Malaysia for State purposes.

(1) The powers of the Director under Parts I to VI shall be so exercised as to allow the entry into an East Malaysian State of any person if his entry is required by the Government of the State for State purposes.

(2) The State authority shall from time to time notify the Director of any person whose entry is required as aforesaid, giving such particulars as are necessary to enable the Director to discharge his functions in relation to that person; and subsection (1) shall not be taken to apply to any person unless he is a person so notified to the Director.

(3) The State authority shall not give any notification to the Director under subsection (2) except after consultation with the Minister; and if the Minister considers it desirable in the national interest for entry to be refused to the person in question, and so informs the State authority, the notification shall not be given.

Legal Commentary on Section 69 of the Immigration Act 1959/63 (Revised 1975)
Introduction
Section 69 of the Immigration Act 1959/63 (Revised 1975) pertains to specific provisions related to entry from outside East Malaysia for state purposes. It grants certain powers to the Director of Immigration concerning the control and regulation of such entries, emphasizing the importance of lawful immigration procedures within the Malaysian legal framework.
What does Section 69 Say
Section 69 authorizes the Director of Immigration to exercise powers under Parts I to VI of the Act for entries from outside East Malaysia for state purposes. It delineates the scope of authority granted to the Director to regulate and control such entries, ensuring compliance with immigration policies.
Essential Ingredients
Authority of the Director: The section confers specific powers to the Director of Immigration.
Scope of Application: Applies to entry from outside East Malaysia for state purposes.
Parts Covered: Powers are exercised under Parts I to VI of the Act.
Purpose Limitation: Focused on state purposes, implying official or governmental objectives.
Scope of Section
The section specifically addresses the entry of individuals from outside East Malaysia, emphasizing the control exercised by the Director for state-related purposes. It does not extend to general immigration matters but is confined to a particular category of entry, ensuring targeted regulation.
Punishment for Section
While Section 69 itself primarily confers powers rather than prescribes penalties, violations related to unauthorized entry or misuse of powers under this section may attract penalties outlined elsewhere in the Act. For example, unauthorized entry or breach of conditions may lead to imprisonment or fines as per Sections 15(4) and 55D, which prescribe fines of at least RM10,000 and imprisonment of up to 5 years or more [Source: Enforcement – Malaysian Immigration Department].
Legal Comments
Authority - Section 69 grants the Director powers under Parts I to VI for controlling entries from outside East Malaysia for state purposes [Source: Supreme Today AI].
Scope - The section is limited to entries for state purposes, not general immigration, ensuring targeted regulation [Source: Supreme Today AI].
Purpose - Focuses on official or governmental objectives related to state interests [Source: Supreme Today AI].
Legal Basis - Part of the broader Immigration Act 1959/63, which governs immigration controls in Malaysia [Source: Wikipedia].
Enforcement - Violations under related sections can lead to fines and imprisonment, e.g., RM10,000 fine or 5 years imprisonment [Source: Enforcement – Malaysian Immigration Department].
Powers of the Director - Includes the ability to regulate, restrict, or permit entries under Parts I to VI [Source: Supreme Today AI].
Scope of Application - Applies specifically to entries from outside East Malaysia, highlighting regional control measures [Source: Supreme Today AI].
Legal Framework - Part of Malaysia’s comprehensive immigration legislation aimed at maintaining national security and order [Source: Wikipedia].
Penalties - Penalties for breaches related to unauthorized entry or misuse of powers are detailed in other sections, e.g., Sections 15(4) and 55D [Source: Enforcement – Malaysian Immigration Department].
Legal Limitations - The section does not specify penalties directly but relies on other provisions for enforcement [Source: Supreme Today AI].
Operational Role - Empowers the Director to exercise discretion in immigration control for regional or state purposes [Source: Supreme Today AI].
Regional Focus - Reflects Malaysia’s regional immigration control policies, especially concerning East Malaysia [Source: Supreme Today AI].
Legal Consistency - Consistent with the overall legislative intent to regulate immigration and protect state interests [Source: Wikipedia].
Implementation - Requires adherence to procedures outlined in Parts I to VI of the Act for lawful exercise of powers [Source: Supreme Today AI].
Legal Safeguards - The section implicitly relies on the legal safeguards provided elsewhere in the Act to prevent abuse of powers [Source: Supreme Today AI].
Policy Implication - Reinforces the importance of regional and state-specific immigration policies in Malaysia [Source: Supreme Today AI].
Legal Interpretation - Courts would interpret this section within the context of the entire Act, emphasizing the Director’s authority for state purposes [Source: Supreme Today AI].
Note: The analysis is based on the provided sources, focusing on the legal scope, enforcement, and implications of Section 69 within the Malaysian immigration legal framework.
70 CHAPTER 2 - SPECIAL PROVISIONS-70. Temporary protection for potential citizens in an East Malaysian State.

(1) As regards entry into and residence in an East Malaysian State and all matters connected therewith a person entitled in the State to the benefit of this section shall be treated for the purposes of Parts I to VI as if he were a citizen.

(2) Subject to this section, a person shall be entitled in an East Malaysian State to the benefit of the section if:

(a) on Malaysia Day he is ordinarily resident in the State, and in the ten years immediately preceding that day he has resided in the territories comprised in the East Malaysian States and Brunei for periods which amount in the aggregate to not less than seven years; and

(b) immediately before Malaysia Day under the immigration law of the territories comprised in the State, he would as being a Commonwealth citizen (or if not a Commonwealth citizen, then in the case of Sabah as having been before November 1931 born in North Borneo) have been entitled to enter those
71 CHAPTER 2 - SPECIAL PROVISIONS-71. Persons to be treated as belonging to East Malaysian State.

(1) For purposes of section 66 a citizen shall be treated as belonging to an East Malaysian State if:

(a) he is or has within the preceding two years been a permanent resident in the East Malaysian State; or

(b) he became a citizen in any of the following ways, that is to say:

(i) by operation of law on Malaysia Day in respect of his being a citizen of the United Kingdom and Colonies ordinarily resident in the State;

(ii) by operation of law on or after Malaysia Day in respect of his birth in Malaysia and of one of his parents being at the time of the birth a permanent resident in the East Malaysian State; or

(iii) by registration in respect of his being on Malaysia Day ordinarily resident in the East Malaysian State.

(2) Subject to subsection (3) a person shall not be treated for purposes of this section:

(a)
72 CHAPTER 3 - SUPPLEMENTARY-72. Travel documents required.

(1) Subject to any exemption granted under section 55 every person entering Peninsular Malaysia or an East Malaysian State from a place in Malaysia outside Peninsular Malaysia or outside that State, as the case may be, shall produce to the immigration officer either an internal travel document issued under section 73 or the like passport, or other travel document, having the like visa (if any), as would be required by the law for the time being in force with respect to passports if he were entering from a place outside Malaysia.

(2) A person shall be guilty of an offence against this Act if he enters Peninsular Malaysia or an East Malaysian State contrary to subsection (1), or attempts to do so, or abets any person to do so.

73 CHAPTER 3 - SUPPLEMENTARY-73. Provision for internal travel documents.

(1) The Minister shall make arrangements for the issue to citizens in such circumstances and on such conditions as may be prescribed, of special travel documents for travel within Malaysia; and any such document shall be known as an internal travel document, and shall not be deemed to be a passport within the meaning of any law relating to passports.

(2) (Omitted) .

74 CHAPTER 3 - SUPPLEMENTARY-74. Continuation of State subsidiary legislation.

(1) The repeal of the Sabah Immigration Ordinance 1962, and the Sarawak Immigration Ordinance by section 60 shall not affect the operation of any subsidiary legislation then having effect under those laws; but any such subsidiary legislation shall continue to have the like effect, as nearly as may be, for any corresponding purpose of this Act, until it is superseded by any regulations or order made under this Act.

(2) No such subsidiary legislation shall be so superseded in whole or in part without the concurrence of the Chief Minister of the State.