LAWS OF MALAYSIA
REPRINT
Act 155
IMMIGRATION ACT 1959/63
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
Laws of Malaysia
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ACT 155
IMMIGRATION ACT 1959/63
First enacted
... ... ... ... ... ... 1959 (Ordinance No. 12
of 1959, Act No. 27 of
1963 and F.L.N. 226 of
1963)
Revised
... ... ... ... ... ... ...
1975 (Act 155 w.e.f.
1 May 1975)
PREVIOUS REPRINTS
First Reprint
... ... ... ... ...
1997
Second Reprint
... ... ... ... ...
2001
Immigration
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LAWS OF MALAYSIA
Act 155
IMMIGRATION ACT 1959/63
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1.
Short title and application
2.
Interpretation
3.
Appointment and powers of Director General and others
4.
Power of Minister to issue directions
PART II
ADMISSION INTO AND DEPARTURE FROM
MALAYSIA
5.
Entry into or departure from Malaysia
6.
Control of entry into Malaysia
7.
Right of entry
8.
Prohibited immigrants
9.
Director General's power to prohibit entry, or cancel any Pass or
Permit
9A.
Director General's power to limit entry into Malaysia
PART III
ENTRY PERMITS
10.
Entry Permits
(Deleted)
11.
12.
Endorsement of name of wife and children on Permits, Passes and
Certificates
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ACT 155
Section
13.
Power to make inquiries
14.
Cancellation of, and declarations regarding Permits and Certificates
15.
Unlawful entry or presence in Malaysia
PART IV
PROCEDURE ON ARRIVAL IN MALAYSIA
16.
Immigration signal
17.
Vessel to proceed to Immigration Anchorage or other place ordered by
immigration officer
18.
Aircraft arriving in Malaysia
19.
Persons not to board or leave vessel until examination completed
20.
Prohibition on disembarking from or boarding ships without permission
of immigration officer
21.
Prohibition of removal of articles before examination
22.
Production of certain lists and persons by masters of vessels and captains
of aircraft
(Omitted)
23.
23A. (Omitted)
24.
Examination of persons arriving by sea or at authorized airport
(Omitted)
25.
26.
Examination of persons entering Malaysia by land or at a place other
than an authorized airport
27.
Power to send person to depot for further examination
28.
Interrogation of travellers
(Deleted)
29.
30.
Immigration officer may give instructions to prevent evasion of
examination
PART V
REMOVAL FROM MALAYSIA
31.
Removal of prohibited immigrants from Malaysia
32.
Removal of illegal immigrants
33.
Removal of persons unlawfully remaining in Malaysia
34.
Detention of persons ordered to be removed
35.
Power to arrest person liable to removal
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Section
36.
Unlawful return after removal
(Deleted)
37.
PART VI
MISCELLANEOUS
38.
Performance of duties of immigration officers
39.
Authority of immigration officer to arrest and prosecute
39A. Immigration officer's powers to make inquiries, etc.
Power to summon witnesses, etc.
40.
40A. Admissibility of deposition of person who cannot be found
41.
Duty of police officers to execute orders
42.
Restriction of discharge of member of crew
43.
Signing on or bringing as one of the crew any person with intent to
land contrary to this Act
44.
Security to prevent unlawful landing
45.
Reports as to persons failing to continue their journey
46.
Repatriation
Masters, captains, owners, etc., liable for expenses
47.
48.
Obligation to afford free passage
48A. Liability for removal
49.
Power to detain vessel
49A. Power to seize, detain and forfeit vessels, vehicles or aircraft
50.
Powers of interrogation
51.
Powers of search and arrest
51A. Immigration depot
51B. Custody deemed lawful
52.
Registration of particulars for purposes of identification
Counterfoils, etc., to be prima facie evidence
53.
54.
Regulations
55.
Power to exempt
55A. Conveying a person to Malaysia contrary to this Act
55B. Employing a person who is not in possession of a valid Pass
55C. Defence
55D. Forgery or alteration of endorsement or document
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Section
55E. Occupier not to permit illegal immigrant to enter or remain at premises
56.
Offences
57.
General penalty
58.
Trial of offences
58A. Power to compound
59.
Exclusion of right to be heard
59A. Exclusion of judicial review
59B. Definitions of "Director General" and "order" in sections 59 and 59A
59C. Reward
60.
Repeal and saving
(Deleted)
61.
PART VII
SPECIAL PROVISIONS FOR EAST MALAYSIA
Chapter 1--General
62.
Interpretation
63.
Delegation of powers
Chapter 2--Special Provisions
64.
Application of immigration law to each East Malaysian State as separate
unit
65.
General powers of State authority
66.
Restriction on citizen's right of entry into an East Malaysian State
67.
Right to enter East Malaysian State for exercise of political rights
68.
Right to enter East Malaysian State for purposes of Federal Government
69.
Entry from outside East Malaysia for State purposes
70.
Temporary protection for potential citizens in an East Malaysian State
71.
Persons to be treated as belonging to East Malaysian State
Chapter 3--Supplementary
72.
Travel documents required
73.
Provision for internal travel documents
74.
Continuation of State subsidiary legislation
Immigration
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LAWS OF MALAYSIA
Act 155
IMMIGRATION ACT 1959/63
An Act relating to immigration.
[Peninsular Malaysia--1 May 1959;
Sabah and Sarawak--16 September 1963]
PART I
PRELIMINARY
Short title and application
1. (1) This Act may be cited as the Immigration Act 1959/63.
(2) This Act applies throughout Malaysia subject to Part VII.
Interpretation
2. (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 subsection 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
appointed under section 3;
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"entry" means--
(a) in the case of a person arriving by sea, disembarking in
Malaysia from the vessel in which he arrives;
(b) in the case of a person arriving by air at an authorized
airport, leaving the precincts of the airport;
(c) in the case of a person entering by land and proceeding
to an immigration control post in accordance with section
26, leaving the precincts of the post for any purpose
other than that of departing from Malaysia by an approved
route; and
(d) in any other case, any entry into Malaysia by land, sea
or air:
Provided that it shall not include in any case an entry made for
the purpose of complying with this Act or an entry expressly or
impliedly sanctioned by an immigration officer for the purpose of
any enquiry or detention under this Act;
"Entry Permit" means a Permit to enter and remain in Malaysia
issued under section 10;
"immigration control post" means a post established as such by
the Director General at a place declared to be an immigration
control post under subsection 5(1);
"immigration depot" means any place designated by the Director
General under section 51A;
" i m m i g r a t i o n officer" means any person appointed under
section 3;
"immigration signal" means such signal as may be prescribed
for vessels which arrive in Malaysia;
"master" means any person (except a pilot or Harbour Master)
having for the time being control or charge of a vessel;
"Pass" means any Pass issued under any regulations made under
this Act entitling the holder thereof to enter and remain temporarily
in Malaysia;
"passenger" means any person carried in a vessel or aircraft,
other than the members of the crew;
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"Permit" includes an Entry Permit;
"Port Officer" includes a Harbour Master appointed under the
Merchant Shipping Ordinance [F.M. Ord. 70 of 1952, Sabah Ord.
11 of 1960, Sarawak Ord. 2 of 1960] and any person lawfully
acting for him;
" p r e s c r i b e d " means prescribed by regulations made under
this Act;
"prohibited immigrant" means a person declared to be a prohibited
immigrant under section 8;
"seaman" includes the master and any person carried in a vessel
as a bona fide member of the staff employed in the operation or
service of the vessel and, if the vessel has articles, entered on those
articles;
"senior immigration officer" means any person appointed under
subsections 3(1) and (1A);
"senior police officer" has the meaning assigned thereto in the
Police Act 1967 [Act 344];
"stowaway" means a person who goes to sea secreted in a vessel
without the consent of the master or other person in charge of the
vessel or of a person entitled to give the consent and includes a
person arriving in Malaysia on board any aircraft who is on board
without the consent of the captain or of a person entitled to give
the consent;
"through passenger" means any passenger who arrives in Malaysia
by a vessel or aircraft and who is continuing his journey in the
same vessel or aircraft to a place outside Malaysia;
"transportation company" means any government, municipality,
body corporate, or organisation, firm or person carrying or providing
for the transit of passengers, whether by vessel, aircraft, railway,
h i g h w a y or otherwise, and includes any two or more such
transportation companies co-operating in the business of carrying
passengers;
"vehicle" means a structure capable of moving or being moved
or used for the conveyance of any person or thing and which
maintains contact with the ground when in motion;
"vessel" includes any ship or boat or other description of floating
craft used in navigation, and includes any tackle, equipment, book,
document, goods, cargo or things carried therein or thereon.
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(2) For the purposes of this Act a person travelling between two
places in Malaysia without entering any territory outside Malaysia
shall not be treated as leaving, entering or arriving in Malaysia
because in so doing he passes out of and returns into Malaysia.
(3) Any reference in this Act to a person unlawfully entering
or re-entering Malaysia or unlawfully remaining in Malaysia shall
include any act of entering or re-entering or remaining in Malaysia
which is in contravention of any provision of this Act or any
subsidiary legislation made under this Act.
Appointment and powers of Director General and others
3. (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.
(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.
(1B) The Director General may appoint so many immigration
officers as he may consider necessary for the proper carrying out
of this Act.
(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 duties required to be discharged by him may,
subject to section 4 and to such limitations as may be prescribed,
be exercised and discharged by--
(a) a Deputy Director General of Immigration or Director of
Immigration; and
(b) any senior immigration officer authorized in writing in
that behalf by the Director General.
Power of Minister to issue directions
4. 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
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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.
PART II
ADMISSION INTO AND DEPARTURE FROM MALAYSIA
Entry into or departure from Malaysia
5. (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.
Control of entry into Malaysia
6. (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;
(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;
(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) (Deleted 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 whipping
of not more than six strokes.
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(4) The burden of proof that a person entered Malaysia without
contravening subsection (1) shall lie upon that person, and in any
prosecution for an offence under subsection (1), it shall not be
necessary to specify in the charge the date, time, place or manner
of the entry of such person into Malaysia, or the means of travel
used for such entry, and such prosecution may be held at any place
in Malaysia.
Right of entry
7. (1) (a) A citizen shall be entitled to enter Malaysia without
having obtained a Permit or Pass in that behalf under this Act.
(b) (Deleted by Act 27 of 1963).
(2) (Deleted by Act 27 of 1963).
(3) The burden of proof that any person is a citizen shall lie
upon that person.
Prohibited immigrants
8. (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 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
(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:
(a) any person who is unable to show that he has the means
of supporting himself and his dependants (if any) or that
he has definite employment awaiting him, or who is
likely to become a pauper or a charge on the public;
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(b) any person suffering from mental disorder or being a
mental defective, or suffering from a contagious or
infectious disease which makes his presence in Malaysia
dangerous to the community;
(c) any person who refuses to submit to a medical examination
after being required to do so under subsection 39A(1);
(d) any person who--
(i) has been convicted in any country or state of any
offence and sentenced to imprisonment for any term,
and has not received a free pardon; and
(ii) by reason of the circumstances connected with the
conviction is deemed by the Director General to be
an undesirable immigrant;
(e) any prostitute, or any person, who is living on or receiving,
or who, prior to entering Malaysia, lived on or received,
the proceeds of prostitution;
(f) any person who procures or attempts to bring into Malaysia
prostitutes or women or girls for the purpose of prostitution
or other immoral purpose;
(g) vagrants and habitual beggars;
(h) any person whose entry into Malaysia is, or at the time
of his entry was, unlawful under this or any other written
law for the time being in force;
(i) any person who believes in or advocates the overthrow
by force or violence of any Government in Malaysia or
of any established government or of constituted law or
authority or who disbelieves in or is opposed to established
government, or who advocates the assassination of public
officials, or who advocates or teaches the unlawful
destruction of property;
(j) any person who is a member of or affiliated with any
organisation entertaining or teaching disbelief in or
opposition to established government or advocating or
teaching the duty, necessity or propriety of the unlawful
assaulting or killing of any officer, either of specific
individuals or officers generally, of any Government in
Malaysia or of any established government, because of
his or their official character, or advocating or teaching
the unlawful destruction of property;
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(k) any person who, in consequence of information received
from any source deemed by the Minister* to be reliable,
or from any government, through official or diplomatic
channels, is deemed by the Minister* to be an undesirable
immigrant;
(l) any person who has been removed from any country or
state by the government of that country or state on
repatriation for any reason whatever and who, by reason
of the circumstances connected therewith, is deemed by
the Director General to be an undesirable immigrant;
(m) any person who, being required by any written law for
the time being in force to be in possession of valid travel
documents, is not in possession of those documents or is
in possession of forged or altered travel documents or
travel documents which do not fully comply with any
such written law;
(n) the family and dependants of a prohibited immigrant;
and
(o) any person, or any member of a class of persons, against
whom an order has been made under paragraph 9(1)(a),
or whose Pass or Permit has been cancelled under paragraph
9(1)(b) or 9(1)(c) respectively, or to whom such cancellation
applies under subsection 9(6).
(4) The burden of proof that any person seeking to enter Malaysia
is not a prohibited immigrant shall lie upon that person.
(5) Subject to any exemption granted under section 55, if any
prohibited immigrant enters Malaysia otherwise than in accordance
with a valid Pass lawfully issued to him he shall be guilty of an
offence against this Act.
(6) Except where a person is a prohibited immigrant under
paragraph (3)(o), any person in possession of a Permit issued to
him under this Act who, upon his arrival in Malaysia, is refused
permission to enter upon the ground that he is a prohibited immigrant,
may appeal against the refusal within such time and in such manner
as may be prescribed, to the Minister, whose decision shall be
final:
*NOTE--For exercise of powers of Minister in respect of persons in Sabah and Sarawak, by the
Federal Secretary or by any person in the State being a member of the public services so authorized
to do--see paragraph 6(2)(a) and subsection 6(6) Immigration (Transitional Provisions) Order 1963
[L.N. 226/63].
NOTE--For an appeal from a person in Sabah and Sarawak in certain circumstances--see
paragraph 6(1)(a), subsections 6(5) and (6) Immigration (Transitional Provisions) Order 1963
[L.N. 226/1963].
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Provided that, notwithstanding sections 24 and 26, any person
who appeals against such refusal shall be permitted to disembark
a n d shall be detained in an immigration depot pending the
determination of his appeal, unless released on a Pass issued at the
discretion of the Director General on such conditions as to furnishing
security or otherwise as the Director General may deem fit.
*Director General's power to prohibit entry, or cancel any
Pass or Permit
9. (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 morality
in Malaysia or any part thereof.
(2) Every order made under paragraph (1)(a) shall come into
force on the date of the making of such order, and shall subsequently
be published in the Gazette.
(3) Every cancellation of a Pass under paragraph (1)(b) or a
Permit under paragraph (1)(c) shall come into force on the date
*NOTE--This section shall apply to a Pass or Permit issued before the commencement of the
Immigration (Amendment) Act 1989 [Act A719] in the same manner that they apply to a Pass or
Permit issued after its commencement; and any order made under this section before the coming
into force of the said amending law shall continue to remain in full force and effect until revoked--
see subsections 5(2) & (3) of Act A719.
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of the cancellation, and the Director General shall, as soon as may
be thereafter, cause a notice of the cancellation to be sent to the
holder of the Pass or Permit, as the case may be, if his address
is known, and if it is not known, shall cause the notice to be
published in such manner as he deems fit.
(4) Where a Pass is cancelled under paragraph (1)(b) or a Permit
is cancelled under paragraph (1)(c)--
(a) if its holder is present in Malaysia, he shall not remain
in Malaysia after such cancellation and shall be removed
from Malaysia in accordance with the provisions of this
Act, and he shall, thereafter, be prohibited from entering
Malaysia; and
(b) if its holder is outside Malaysia, he shall be prohibited
from entering or re-entering Malaysia.
(5) Any person who enters or re-enters or remains in Malaysia
in contravention of any order made under paragraph (1)(a), or in
contravention of subsection (4), shall be guilty of an offence against
this Act and shall be removed or again removed, as the case may
be, from Malaysia.
(6) Where a Pass is cancelled under paragraph (1)(b) or a Permit
is cancelled under paragraph (1)(c), subsections (4) and (5) shall
apply to--
(a) a person whose name is endorsed on the Pass or the
Permit;
(b) any wife of the holder of the Pass or the Permit where
the wife is a holder of a Pass or Permit issued to her in
consequence of the issue of the Pass or the Permit to her
husband; and
(c) any dependant child of the holder of the Pass or the
Permit where such child is not a citizen,
in the same manner that they apply to the holder of the Pass or
the Permit and the notification to such holder under subsection (3)
shall also constitute notification to the persons mentioned in
paragraphs (a), (b) and (c).
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(7) Notwithstanding subsection 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.
(8) Any person who is dissatisfied with any order made against
him under paragraph (1)(a), or the holder of any Pass or Permit
cancelled under paragraph (1)(b) or (c) respectively, who is
dissatisfied with the cancellation, or any person as is referred to
under paragraph (6)(a), (b) or (c) who is dissatisfied with the
application of subsections (4) and (5) to him under subsection (6),
may appeal to the Minister within seven days of the publication
of the order in the Gazette under subsection (2), or the notification
of the cancellation to the holder of the Pass or Permit under
subsection (3), as the case may be, and such appeal shall be by
way of a petition in writing setting out clearly and in detail the
grounds of the appeal:
Provided that notwithstanding any appeal under this subsection,
pending the determination of such appeal, the order of the Director
General under paragraph (1)(a), or the cancellation of the Pass or
Permit under paragraph (1)(b) or (c) respectively, or the application
of subsections (4) and (5) to any person under subsection (6), shall
have full force and effect as provided under subsection (2) or (3),
as the case may be, and, where accordingly the person appealing
is outside Malaysia, or has left Malaysia or been removed from
Malaysia before its determination, he may be permitted to enter
or re-enter Malaysia if his appeal is allowed and the order under
paragraph (1)(a) is revoked, or the Pass or Permit is restored to
him, as the case may be.
Director General's power to limit entry into Malaysia
9A. (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:
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ACT 155
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 subsection 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 of the making of such order, and shall subsequently
be published in the Gazette.
PART III
ENTRY PERMITS
Entry Permits
10. (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 by the written law and the visa shall remain valid until
the expiry or cancellation of the Entry Permit issued to him.
(3) Any person aggrieved by the refusal of the Director General
to issue to him an Entry Permit under subsection (2) may within
thirty days of the notification of the refusal to him appeal by
petition in writing to the Minister*, whose decision thereon shall
be final.
*NOTE--For an appeal from a person in Sabah and Sarawak in certain circumstances--see paragraph
6(1)(a), subsections 6(5) and (6), Immigration (Transitional Provisions) Order 1963 [L.N. 226/
1963].
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11. (Deleted by Act A985).
Endorsement of name of wife and children on Permits, Passes
and Certificates
12.  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.
Power to make inquiries
13.  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.
Cancellation of, and declarations regarding Permits and
Certificates
14. (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.
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ACT 155
(4) Where any person has entered Malaysia by virtue of a Permit
or Certificate, and the Director General is satisfied--
(a) that any material statement made in or in connection with
the application for that Permit or Certificate was false or
misleading; or
(b) that the person is a prohibited immigrant,
the Director General may declare at any time after the date of the
entry, that the presence of that person in Malaysia is unlawful.
(5) On making any cancellation under subsection (2) or (3) or
on making any declaration under subsection (4) the Director General
shall, by notification, which, if the address of the person is known
shall be sent to him at that address and otherwise shall be published
in such manner as the Director General deems fit, inform the
person affected thereby of the grounds on which the cancellation
or declaration has been made and the person may appeal against
the cancellation or declaration, as the case may be, within such
time and in such manner as may be prescribed, to the Minister*,
whose decision shall be final.
Unlawful entry or presence in Malaysia
15. (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 subsection 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.
*NOTE--For an appeal from a person in Sabah and Sarawak in certain circumstances--see
paragraph 6(1)(a), subsections 6(5) and (6), Immigration (Transitional Provisions) Order 1963
[L.N. 226/1963].
Immigration
21
(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 of 1963].
(3) (Deleted by Act 27 of 1963).
(4) Any person who without reasonable cause contravenes this
section shall be guilty of an offence and shall, on conviction, be
liable to a fine of not less than ten thousand ringgit or to imprisonment
for a term not exceeding five years or to both.
PART IV
PROCEDURE ON ARRIVAL IN MALAYSIA
Immigration signal
16. (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.
Vessel to proceed to Immigration Anchorage or other place
ordered by immigration officer
17. (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).
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(3) The master of every vessel which arrives in Malaysia shall,
if so ordered by an immigration officer, anchor or tie up his vessel
at such place as may be ordered, and shall remain there until an
immigration officer gives him permission to leave.
(4) The master of any vessel who, without reasonable cause,
contravenes or fails to comply with this section or any order made
or direction given thereunder shall be guilty of an offence against
this Act.
Aircraft arriving in Malaysia
18. (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.
Persons not to board or leave vessel until examination completed
19. (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 office return forthwith to the vessel and remain
thereon and the master of the vessel shall be bound to re-embark
the person.
Immigration
23
Prohibition on disembarking from or boarding ships without
permission of immigration officer
20. (1) It shall be the duty of the master, and the owner or charterer,
of every vessel which arrives 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.
( 3 ) T h e master of the vessel from which any person has
disembarked before disembarkation has been authorized by an
immigration officer shall be bound to re-embark that person and
any master refusing to re-embark the person shall be guilty of an
offence against this Act.
(4) (Deleted by Act A719).
Prohibition of removal of articles before examination
21. (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.
Production of certain lists and persons by masters of vessels
and captains of aircraft
22. (1) (a) The master of every vessel arriving in or leaving
Malaysia shall--
(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;
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(ii) produce to an immigration officer for inspection and
interrogation all the members of the crew;
(iii) furnish to an immigration officer in triplicate identification
cards of each member of the crew in such form as may
be prescribed;
(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;
(v) produce to an immigration officer his ship's papers;
(vi) report to an immigration officer the presence on board
of any stowaway or any unauthorized person or any person
proceeding to any state or country on his removal from
any other state or country by the competent authorities
of that state or country; and
(vii) furnish to an immigration officer in triplicate a general
d e c l a r a t i o n in accordance with Appendix 1 to the
Convention Facilitation of International Maritime Traffic
1965.
(b) In the case of vessels carrying passengers the master shall,
in addition, produce--
(i) a complete list of all the passengers in such form and
containing such particulars as may be prescribed;
(ii) in relation to every passenger disembarking in Malaysia
such particulars in such form as may be prescribed; and
(iii) all passengers for inspection and interrogation.
(2) The captain of every aircraft arriving in or leaving Malaysia
shall--
(a) produce to an immigration officer a passenger list as
prescribed under subparagraph (1)(b)(i) or in accordance
with Annex 9 to the Convention on International Civil
Aviation;
(b) produce to an immigration officer in relation to every
passenger landing in Malaysia such particulars in such
form as may be prescribed;
Immigration
25
(c) produce to an immigration officer a complete list of the
members of the crew of his aircraft as prescribed under
subparagraph (1)(a)(i) or in accordance with Annex 9 to
the Convention on International Civil Aviation;
(d) produce to an immigration officer the members of the
crew and passengers of the aircraft for inspection and
interrogation as directed either generally or specifically
by an immigration officer;
(e) submit to such search of his aircraft by an immigration
officer as may be necessary to establish the presence or
absence of other persons on board; and
(f) report to an immigration officer the presence on board
of any stowaway or unauthorized person or any person
proceeding to any state or country on his removal from
any other state or country by the competent authorities
of that state or country.
(3) The master of any vessel or the captain of any aircraft who
contravenes or fails to comply with subsection (1) or (2), as the
case may be, and any person who hinders or obstructs any search
of a vessel or aircraft as aforesaid, shall be guilty of an offence
against this Act.
(4) If any person is found on board a vessel or aircraft whose
presence has not been reported as aforesaid, the master of the
vessel or the captain of the aircraft, as the case may be, shall be
guilty of an offence and shall, on conviction, be liable to a fine
not exceeding one thousand ringgit in respect of each such person.
(5) In any proceedings under this section the certificate in writing
of an immigration officer who boarded or examined the vessel or
aircraft to the effect that it carried on arrival in Malaysia a total
number of crew corresponding in description to the particulars on
the identification cards furnished under subparagraph (1)(a)(iii) or
on the list produced under paragraph (2)(c) shall be conclusive
proof that the vessel or aircraft did on arrival carry that number
of crew.
23. (Omitted).
23A. (Omitted).
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Examination of persons arriving by sea or at authorized airport
24. (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 the 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, he shall not leave the precincts
of the airport except for a place approved by the immigration
officer, and he shall leave and depart from Malaysia by
the first available means in accordance with the instructions
of the officer. The captain of the aircraft in which the
person arrived shall, if so required by the officer, remove
the person from Malaysia by the same aircraft.
(2) Any person who--
(a) refuses or neglects to appear before an immigration officer
as required by subsection (1) or who leaves the place of
examination without or otherwise than in accordance with
the authorization of that officer;
(b) after being informed by an immigration officer that he
is prohibited from entering Malaysia--
(i) he either disembarks in Malaysia or refuses or
neglects to return forthwith to his vessel, as the
case may be; or
(ii) he leaves the precincts of an airport without the
permission of the officer, or refuses or neglects to
proceed to or remain at a place approved by the
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27
immigration officer, or refuses or fails to leave
Malaysia in accordance with the instructions of an
immigration officer given under subsection (1); or
(c) being--
(i) the master of a vessel, permits any person to
disembark in Malaysia, or refuses to re-embark any
person; or
(ii) the captain of the aircraft in which any person
arrived in Malaysia, refuses or neglects to remove
the person from Malaysia, after being informed by
an immigration officer that the person is prohibited
from entering Malaysia or that the person has refused
or neglected to appear before an immigration officer
as required by subsection (1) or that he has left the
place of examination without or otherwise than in
accordance with the authorization of that officer,
shall be guilty of an offence against this Act.
(3) (a) Where any person either disembarks in Malaysia or
refuses or neglects to return to his vessel, in contravention of this
section, an immigration officer may require the person to return
to his vessel and may take such steps, including the use of force,
as may be reasonably necessary to compel his return, and the
master of the vessel shall be bound to re-embark the person and
to remove him from Malaysia.
(b) The master of a vessel may use such force as may be reasonably
necessary to enable him to comply with subsection (1) and paragraph
(3)(a).
(4) Where any person leaves the precincts of an airport in
contravention of this section or refuses to leave and depart from
Malaysia in accordance with the instructions of the immigration
officer given under subsection (1), the immigration officer may
take such steps, including the use of force, as may be reasonably
necessary to compel the person to return to the precincts of the
airport or to comply with the instructions, as the case may be.
(5) In relation to a case where the vessel or the aircraft in which
the person arrived has already left Malaysia before an immigration
officer has made his finding under subsection (1) that he considers
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ACT 155
such person to be prohibited from entering Malaysia under this
Act, the immigration officer may require in writing the master of
any vessel or the captain of any aircraft, as the case may be,
belonging to the same owners or chartered by the same charterers
as those of the vessel or the aircraft in which the person who is
to be removed from Malaysia arrived, to receive the person on
board his vessel or aircraft and afford such person free of charge
a passage to the port or place at which the person embarked and
proper accommodation and maintenance during the voyage or flight.
(6) The master of any vessel or the captain of any aircraft, as
the case may be, who fails to comply with a requirement in writing
made by an immigration officer under subsection (5) shall be
guilty of an offence against this Act.
(7) Where a requirement has been made under subsection (5),
the immigration officer shall inform the person in respect of whom
the requirement has been made of his finding under subsection (1)
that he considers such person to be prohibited from entering Malaysia
under this Act, and give him instructions to depart from Malaysia
on the vessel or aircraft in relation to which the requirement had
been made, and may take such steps, including the use of force,
as may be reasonably necessary to compel the person to comply
with the instructions, and if such person fails to comply with the
instructions and depart from Malaysia he shall be guilty of an
offence against this Act.
25. (Omitted).
Examination of persons entering Malaysia by land or at a
place other than an authorized airport
26. (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
Immigration
29
is prohibited from entering Malaysia under this Act inform the
person of his finding and the person shall in accordance with the
instructions of the immigration officer forthwith leave and depart
from Malaysia.
(4) Any person who contravenes or fails to comply with this
section shall be guilty of an offence against this Act.
Power to send person to depot for further examination
27. (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);
(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 offence against this Act.
Interrogation of travellers
28. (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.
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(2) All such answers 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 person who--
(a) refuses to answer any question or inquiry put to him
under subsection (1) or knowingly gives any false or
misleading answer to any such question or inquiry; or
(b) refuses or fails to produce any document in his possession
when required so to do under subsection (1) or knowingly
produces any false or misleading document,
shall be guilty of an offence against this Act.
29. (Deleted by Act A719).
Immigration officer may give instructions to prevent evasion
of examination
30. (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.
PART V
REMOVAL FROM MALAYSIA
Removal of prohibited immigrants from Malaysia
31.  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.
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31
Removal of illegal immigrants
32. (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).
Removal of persons unlawfully remaining in Malaysia
33. (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.
(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 the expiry of any Pass relating
to or issued to him.
Detention of persons ordered to be removed
34. (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:
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.
*NOTE--For an appeal from a person in Sabah and Sarawak in certain circumstances--see
paragraph 6(1)(a), subsections 6(5) and (6), Immigration (Transitional Provisions) Order 1963
[L.N. 226/1963].
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(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 person who is detained in custody in pursuance of an
order made by the Director General under subsection (1) may be
so detained in any prison, police station or immigration depot, or
in any other place appointed for the purpose by the Director General.
Power to arrest person liable to removal
35.  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.
Unlawful return after removal
36.  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.
(Deleted by Act 27 of 1963).
37.
PART VI
MISCELLANEOUS
Performance of duties of immigration officers
38. (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
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33
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].
Authority of immigration officer to arrest and prosecute
39. (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 A1154/2002).
Immigration officer's powers to make inquiries, etc.
39A. (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 such documents
or other evidence as the immigration officer may consider necessary
and also require such person to present himself for the purpose of
enabling the immigration officer to make inquiries from him, or
requiring him to submit to an examination by a Government Medical
Officer.
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(2) Where any person, without reasonable excuse, refuses or
fails to comply with any requirement of an immigration officer
under subsection (1), or refuses to answer any question that may
be lawfully put to him by an immigration officer in exercise of his
powers under subsection (1), he shall be guilty of an offence
against this Act.
(3) Where in pursuance of any inquiry by, or any requirement
of, an immigration officer under subsection (1) any statement is
made by any person, whether or not in answer to a question by
an immigration officer, or any document is produced by any person,
or any certificate is issued by a Government Medical Officer, such
statement, document or certificate shall be admissible in evidence
in any proceedings in court under this Act against the person who
made the statement or produced the document, or against the
person in respect of whom the certificate was issued, or against
any other person.
(4) Subsection (1) shall be in addition to, and not in derogation
of, any other provision of this Act conferring any power on an
immigration officer.
Power to summon witnesses, etc.
40. (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.
(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 document produced, by a witness
under subsection (1) shall be admissible in evidence in any
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35
proceedings in court under this Act against the witness or against
any other person.
Admissibility of deposition of person who cannot be found
40A. (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 sections 32, 33 and subsection 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 be necessary for any party in any proceeding to
prove the signature or official character of the Sessions Court
Judge, Magistrate, consular officer or judicial officer before whom
the deposition under subsection (1) was made.
(3) For the purposes of this section, a reference to--
(a) a "deposition" includes any written statement made upon
oath; and
(b) an "oath" includes an affirmation or declaration in the
case of persons allowed by law to affirm or declare instead
of swear.
(4) Nothing in this section shall prejudice the admission as
evidence of any other depositions.
Duty of police officers to execute orders
41.  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.
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Restriction of discharge of member of crew
42. (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.
Signing on or bringing as one of the crew any person with
intent to land contrary to this Act
43.  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 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.
Security to prevent unlawful landing
44. (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.
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37
(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 disembarking
in or entering Malaysia.
(3) Where an immigration officer in lieu of requiring a deposit
under subsection (1) requires security by a bond with or without
sureties then the bond shall be in the prescribed form.
Reports as to persons failing to continue their journey
45. (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.
Repatriation
46. (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,
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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 government, organisation,
company or person is liable or willing to pay the cost of repatriation,
the Director General may authorize the payment of the cost subject
to the condition specified in subsection (3).
(3) Any person repatriated at the cost of the Government shall
enter into an undertaking, in such form as may be prescribed, that
he will not return to Malaysia without the sanction in writing of
the Director General. Any such sanction shall be conditional upon
the person refunding to the Director General all costs and charges
incurred in the repatriation of that person and his family, if any,
and shall be subject to such other conditions as the Director General
may deem expedient.
(4) Any person who has been repatriated at the cost of the
Government under this section who enters or attempts to enter
Malaysia without the sanction of the Director General under
subsection (3), or who having entered Malaysia with such sanction,
fails or neglects to comply with any condition upon which the
sanction was given, shall be guilty of an offence against this Act.
Masters, captains, owners, etc., liable for expenses
47. 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.
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39
Obligation to afford free passage
48. (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.
(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.
(3) The Director General may exempt in writing the master,
captain, owner, charterer or agent of any vessel or aircraft, as the
case may be, from the obligations under subsection (1).
Liability for removal
48A. (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
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under this Act, such expenses shall be recoverable as a debt due
to the Government from the persons named in subsection (1).
Power to detain vessel
49. (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 fine, costs and charges incurred
under this Act in respect of any offence or default thereunder.
(4) If default is made in the payment of any such fine, costs or
charges the Port Officer may seize the vessel and the vessel shall
be declared forfeited to the Government by order of a court upon
the application of the Attorney General. Any vessel so forfeited
shall be sold.
(5) The proceeds of sale of a vessel under this section shall be
applied first in payment of any fine, costs or charges incurred
under this Act and of any costs incurred in and about the sale and
the proceedings leading thereto and the balance shall be paid to
the owner of or other person lawfully entitled to the vessel before
forfeiture and sale.
Power to seize, detain and forfeit vessels, vehicles or aircraft
49A. (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
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41
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 owner or his agent, as the case may be.
(3) Any vessel, vehicle or aircraft liable to seizure or detention
under subsection (1) shall be liable to forfeiture.
(4) An order for the forfeiture or for the release of any vessel,
vehicle or aircraft liable to forfeiture under this section shall be
made by the court before which the prosecution with regard thereto
has been held.
(5) An order for the forfeiture of any vessel, vehicle or aircraft
shall be made if it is proved to the satisfaction of the court that
an offence against this Act has been committed and that the vessel,
vehicle or aircraft was used in the commission of the offence,
notwithstanding that no person may have been convicted of the
offence.
(6) The Director General may sell any vessel, vehicle or aircraft
forfeited under this section. The proceeds of the sale shall, after
payment of the expenses of the sale, be applied in payment of any
fine, costs, or charge incurred under this Act and any balance
remaining shall be paid into the Consolidated Fund.
Powers of interrogation
50. (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
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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.
(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 proceedings in which
they would otherwise be admissible.
Powers of search and arrest
51. (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 assitance--
(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 or Customs Officer
may arrest without warrant any person who he reasonably believes
has committed an offence against this Act.
(b) The powers of arrest under paragraph (a) may--
(i) in the case of *Peninsular Malaysia, be conferred
b y the Minister, after consultation with the
*NOTE-- Throughout the Act, references to Peninsular Malaysia shall be construed as including
references to the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan--see
P.U. (A) 160/1984.
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43
Government of the State concerned, in areas to be
notified in the State Gazette, on a Penghulu or
Penggawa;
(ii) in the case of Sabah, be conferred by the Director
General, with the approval of a Resident, in areas
to be notified in the State Gazette, on any native
officer within the meaning of the  † Criminal Procedure
Code of Sabah [Ord. 4 of 1959];
(iii) in the case of Sarawak, be conferred by the Director
General, with the approval of a Resident, in areas
to be notified in the State Gazette, on any Tua
Kampong, Tuai Rumah or any Native or Chinese
Headman.
(4) Where any person who is a citizen is arrested pursuant to
subsection (3) by an immigration officer or by an officer of the
Customs Department or by a person authorized under paragraph
(3)(b), the person making the arrest shall comply with section 28
of the Criminal Procedure Code [Act 593] as if he were a police
officer.
(5) Notwithstanding anything contained in this Act or in any
subsidiary legislation made under this Act--
(a) where any person who is a citizen is arrested or detained
under this Act otherwise than for an offence against this
Act, and has not been earlier released, he shall without
unreasonable delay, and in any case within twenty-four
hours (excluding the time for any necessary journey), be
produced before a Magistrate and shall not be further
detained in custody without the Magistrate's authority;
and
(b) where any person other than a citizen is arrested or detained
under this Act, whether for an offence against this Act
or otherwise than for such offence, and has not been
earlier released, or charged in court for an offence against
NOTE--The Criminal Procedure Code of Sabah [Ord. 4 of 1959] has been repealed by the
Criminal Procedure Code (Amendments and Extension) Act 1976 [Act A324]--see paragraph 4(b)
of Act A324.
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this Act or removed from Malaysia under this Act, he
shall, within fourteen days of his arrest or detention, be
produced before a Magistrate who shall make an order
for his detention for such period as may be required by
an immigration officer or a police officer for the purpose
of investigations into an offence against this Act, or by
an immigration officer for the purpose of either making
inquiries, or effecting his removal from Malaysia, under
this Act,
and any provision of this Act or any subsidiary legislation made
under this Act providing for the arrest or detention, otherwise than
for an offence, of a person who is a citizen, or for the arrest or
detention of a person other than a citizen, whether for an offence
against this Act or otherwise than for such offence, shall be read
as being subject to the provisions of paragraph (a) or (b), as may
be applicable:
Provided that the Magistrate before whom such person is produced
under paragraph (a) or (b), as the case may be, shall not authorize
or order the detention of such person for a period in excess of the
maximum period which may be specified in the provision under
which he is to be detained.
(6) Paragraph 5(b) shall have effect notwithstanding anything
inconsistent therewith or contrary thereto in the Criminal Procedure
Code.
Immigration depot
5 1  A .  T h e Director General may designate any place as an
immigration depot for the examination, inspection, investigation
or detention of persons under this Act.
Custody deemed lawful
A person--
51B.
(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.
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Registration of particulars for purposes of identification
52.  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.
Counterfoils, etc., to be prima facie evidence
53.  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.
Regulations
54. (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
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(iv) the terms and conditions subject to which any person
may be granted a Certificate of Status entitling him
t o enter Malaysia, the period for which such
Certificate may be granted and the authority who
may issue the Certificates;
(d) providing for the payment and recovery of any expenses
incurred by the Government in connection with the
detention, maintenance, medical treatment and removal
from Malaysia of any person under this Act;
(e) prescribing the place where, the person to whom and the
manner in which application to enter Malaysia shall be
made;
(f) prescribing the procedure to be followed by persons entering
Malaysia;
(g) prescribing the procedure to be followed by authorities
in the exercise of their functions under this Act;
(h) governing the procedure to be followed and the fees and
costs to be paid on any appeal;
(i) prescribing the deposit or security to be made or given
by or in respect of any person granted an Entry Permit
or Pass and the conditions subject to which the deposit
or security may be forfeited;
(j) prescribing the fees to be charged upon the issue of any
Entry Permit, Certificate or Pass;
(k) prescribing the offences under this Act and any regulations,
orders, or other subsidiary legislation made under this
Act, which may be compounded, the persons who may
compound, the limit of the sum of the money to be
collected for compounding such offences which shall not
exceed thirty per centum of the maximum fine provided
for the offence, the procedure to be complied with and
the forms to be used in respect of such compounding, and
otherwise, as may be necessary, desirable or expedient
in relation to such compounding;
(ka) governing the administration and management of
immigration depots; and
(l) generally for the better carrying into effect of this Act.
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47
(2) All regulations made under this section shall be published
in the Gazette and shall be laid before the Dewan Rakyat as soon
as possible after such publication. If a resolution of the Dewan
Rakyat is passed within the next subsequent three months after any
such regulation is laid before it disapproving the regulation or any
part thereof, the whole regulation or such part thereof, as the case
may be, shall thenceforth cease to have effect but without prejudice
to the validity of anything previously done thereunder.
Power to exempt
55. (1) Notwithstanding anything contained in this Act, the Minister
may by order exempt any person or class of 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.
Conveying a person to Malaysia contrary to this Act
55A. (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 an office or a position similar to
that of a manager or secretary of 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 and to imprisonment for a term of not less than
two years but not more than ten years and shall also be liable to
whipping of not more than six strokes.
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(4) Notwithstanding subsection (1), where the offence under
subsection (1) has been committed by a person who has been
proved to the satisfaction of the court to have acted jointly with
one or more persons in the commission of the offence under subsection
(1), that person 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 two years
but not more than ten years and shall also be punished with whipping
of not more than six strokes.
Employing a person who is not in possession of a valid Pass
55B. (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.
(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.
(4) For the purposes of this section a person performing any
act normally performed by an employee in a place of employment
whether or not for payment shall be presumed, unless the contrary
is proved, to have been employed.
(5) 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 an office or a position similar to
that of a manager or secretary of the body corporate shall be guilty
of that offence and shall be liable to the same punishment to which
the body corporate is liable under subsection (1) or (3).
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49
Defence
55C.  It shall be a defence for any person prosecuted pursuant to
subsection 55A(3), 55B(5) or 55E(6) if he proves--
(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 offence as he ought to have taken
and exercised having regard to the nature of his functions in that
capacity and to all the circumstances.
Forgery or alteration of endorsement or document
55D. 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.
Occupier not to permit illegal immigrant to enter or remain
at premises
55E. (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.
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(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
(b) had knowledge that he is an illegal immigrant.
(4) The presumptions in subsection (3) shall not be rebutted
unless the occupier proves that he has taken all reasonable measures,
including all prescribed measures, to prevent any illegal immigrant
from entering or remaining at the premises.
(5) For the purpose of subsection (4), the Minister may by
regulations prescribe the measures that are required to be taken by
an occupier.
(6) 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 an office or a position similar to
that of manager or secretary of the body corporate shall be guilty
of that offence and shall on conviction be liable to the same
punishment to which the body corporate is liable under subsection
(2).
(7) In this section, unless the context otherwise requires--
"illegal immigrant' means a person, other than a citizen, who
contravenes section 5, 6, 8, 9 or 15 of this Act or regulation 39
of the Immigration Regulations 1963 [F.L.N. 228/1963];
"occupier", in relation to any premises, means any person having
the charge, management or control of the premises;
"premises" includes--
(a) any land, building or part of any building;
(b) any place whether open or enclosed;
(c) any vehicle, vessel or aircraft;
(d) any installation on land, offshore installation, or other
installation whether on the bed of or floating on any
water; and
(e) any structure movable or immovable.
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Offences
56. (1) Any person who--
(a) (Deleted by Act A719);
(b) (Deleted by Act A719);
(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;
(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 order
that it may be used in contravention of paragraph (j);
(j) uses any Entry Permit, Pass, Internal Travel Document
or Certificate issued to any other person as if it had been
lawfully issued to himself;
(k) obtains or attempts to obtain for himself or for any other
person by making a false statement any Entry Permit,
Pass, Internal Travel Document or Certificate; or
(l) uses or without lawful authority has in his possession any
forged, unlawfully altered or irregular Entry Permit, Pass,
Internal Travel Document or Certificate or other document
issued under this Act, or any Permit, Pass, Internal Travel
Document or Certificate or other document so issued on
which any endorsement has been forged or unlawfully
altered,
shall be guilty of an offence and shall, on conviction--
(aa) except for an offence under paragraph (d), be liable to
a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding five years;
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(bb) in the case of an offence under paragraph (d), be liable
to a fine of not less than ten thousand ringgit and not
more than fifty thousand ringgit for each person harboured
and where it is proved to the satisfaction of the court that
the person has at the same time harboured more than five
such persons that person shall 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.
(1A) Any person who--
(a) attempts to commit any offence under this Act;
(b) does any act preparatory to or in furtherance of the
commission of any offence under this Act; or
(c) abets or is engaged in a criminal conspiracy to commit
(as those terms are defined in the Penal Code) any offence
under this Act whether or not the offence is committed
in consequence thereof,
shall be guilty of such offence and be liable to the punishment
provided for such offence.
(1B) Any reference in this Act to an offence under any specific
provision of this Act, includes an offence by virtue of subsection
(1A) in relation to that specific provision, except that, no citizen,
shall, in any case, be liable to removal from Malaysia in consequence
of an offence under subsection (1A).
(2) Any person who is not a citizen unlawfully entering or re-
entering or attempting unlawfully to enter or re-enter Malaysia or
u n l a w f u l l y remaining in Malaysia shall whether or not any
proceedings are taken against him in respect of the offence be
liable to be removed from Malaysia by order of the Director General.
(3) Where the master of any vessel is charged with an offence
against this Act, the clearance of the vessel may be refused until
the charge has been heard and the fine imposed, if any, has been
paid.
(4) Where in any proceedings under this Act it is proved that
the defendant has failed to produce on demand by an immigration
officer or a police officer--
(a) any valid Permit, Pass or Certificate issued to him under
this Act;
(b) (Omitted);
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(c) any other document accepted by the Director General as
evidence that the defendant has entered or remained in
Malaysia lawfully; or
(d) any other evidence showing to the satisfaction of the
Director General that the defendant is exempted from
subsection 6(1),
it shall be presumed, until the contrary is proved, that he has, as
the case may be, entered or re-entered or remained in Malaysia
unlawfully.
General penalty
57.  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.
Trial of offences
58. (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:
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
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 Cirminal Procedure Code
[Sarawak Cap.58], as the case may be, impose the full punishment
*NOTE--In relation to Sabah or Sarawak , a reference to the Court of a Magistrate of the First Class shall
be substituted a reference to a Sessions Court--see paragrapah 111(a) of Subordinate Courts Act 1948
[Act 92].
NOTE--The Sabah Criminal Procedure Code [Sabah 4/1959] and Sarawak Criminal Procedure Code
[Sarawak Cap. 58] have been repealed by Act A324--see section 4 of the Act.
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prescribed for any offence except that the Court of a Magistrate
of the First Class in Peninsular Malaysia and the Court of a Magistrate
other than a Stipendiary Magistrate†† in Sabah and Sarawak shall
not impose a sentence of imprisonment for a term exceeding the
term of imprisonment that a Magistrate of the First Class may
impose under the Subordinate Courts Act 1948.
Power to compound
58A. (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) Any money paid to the prescribed person pursuant to subsection
(1) shall be paid into and form part of the Federal Consolidated
Fund.
Exclusion of right to be heard
59.  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.
Exclusion of judicial review
59A. (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,
††NOTE--In relation to Sabah or Sarawak, a reference to a Stipendiary Magistrate shall be substituted a
reference to a Sessions Court Judge--see paragraph 111(c) of Subordinate Courts Act 1948 [Act 92].
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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,
by any provisions of this Act.
Definitions of "Director General" and "order" in sections 59
and 59A
In sections 59 and 59A--
59B.
(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.
Reward
59C.  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.
Repeal and saving
60.  The Federation of Malaya Immigration Ordinance 1952
[Ord. 68 of 1952], and, subject to section 74, the Sabah Immigration
Ordinance 1962 [Ord. 1 of 1962], and the Sarawak Immigration
Ordinance [Cap. 15] are 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;
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(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 be deemed to be a
valid Permit or Pass, as the case may require, issued
under this Act but subject to any limitations imposed by
that law.
(Deleted by Act 27 of 1963).
61.
PART VII
SPECIAL PROVISIONS FOR EAST MALAYSIA
Chapter 1--General
Interpretation
In this Part unless the context otherwise requires--
62.
"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.
Delegation of powers
63.  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.
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Chapter 2--Special Provisions
Application of immigration law to each East Malaysian State
as separate unit
64. (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 subsection 3(2) and section 4, shall have all
such authority to exercise the powers and discretions vested in the
Director General by Parts I to VI, and discharge the duties required
to be discharged by him, as may be necessary for the purpose of
giving effect to those Parts as a special law for the State.
(4) In the operation of Parts I to VI as a special law for an East
Malaysian State, those Parts shall have effect subject to the following
modifications:
(a) section 9A (which confers on the Director General a general
power to limit entry into Malaysia) and section 46 (which
relates to repatriation) shall not apply; and
(b) references to a Permit or Pass shall mean a Permit or
Pass to enter the East Malaysian State.
(5) Notwithstanding anything in subsections (1) to (4), the powers
and discretions vested in the Director by Parts I to VI, as a special
law for an East Malaysian State shall not be exercised by him so
as to exclude or remove from the East Malaysian State a person
entitled to be in Malaysia outside the East Malaysian State, except
with a view to making effective the powers conferred by this
Chapter on the authorities of the State; and no such person shall
in the exercise of those powers be required to leave and depart
from Malaysia nor, without his consent, be removed from Malaysia.
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General powers of State authority
65. (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.
(2) Where the Director takes any action in obedience or purported
obedience to any directions given under subsection (1), and there
is an appeal to the Minister against that action, the Minister shall
not allow the appeal without the concurrence of the State authority.
(3) An order under section 55 shall not have effect as a special
law for an East Malaysian State, except so far as its provisions are
by the same or a subsequent order applied to those purposes with
the concurrence of the State Authority.
Restriction on citizen's right of entry into an East Malaysian
State
66. (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 Sabah and Sarawak, or is a person designated or
nominated to act as such, or he is a member of any
C o m m i s s i o n or Council established by the Federal
Constitution or by the Constitution of the East Malaysian
State; or
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(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 any such service.
(2) Where a citizen is entitled to enter the East Malaysian State
under subsection (1), the citizen's children under the age of eighteen
years and (if he is a man) his wife, if entering the East Malaysian
State with, or to be with, the citizen, shall not be required by
subsection (1) to obtain a Permit or Pass in that behalf.
(3) Where a citizen is not entitled to enter an East Malaysian
State under this section, Parts I to VI, in their operation as a
special law for the East Malaysian State shall apply to him as if
he were not a citizen:
Provided that a citizen arriving in Malaysia in the East Malaysian
State or in the other of the East Malaysian States, and proceeding
to a part of Malaysia which he is entitled to enter, shall be entitled
to such Pass as is reasonably required to enable him to do so.
(4) The burden of proof that a person is entitled to enter the
East Malaysian State under this section shall lie on him.
Right to enter East Malaysian State for exercise of political
rights
67.  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.
Right to enter East Malaysian State for purposes of Federal
Government
68. (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
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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.
Entry from outside East Malaysia for State purposes
69. (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.
Temporary protection for potential citizens in an East Malaysian
State
70. (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
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61
citizen, then in the case of Sabah as having been before
November 1931 born in North Borneo) have been entitled
to enter those territories without having obtained a permit
or pass.
(3) A person shall not be entitled to the benefit of this section
after the beginning of September, 1965:
Provided that where before September 1965, a person entitled
in an East Malaysian State to the benefit of this section makes an
application to be registered as a citizen and the application is not
disposed of before the beginning of that month, he shall continue
to be so entitled until the application is disposed of.
(4) So long as a person is entitled in an East Malaysian State
to the benefit of this section that person's children under the age
of twenty-one years and (if he is a man) his wife shall as regards
entry into and residence in the State and all matters connected
therewith be treated for the purposes of Parts I to VI as if they
were citizens.
(5) For the purpose of determining whether paragraph (2)(b) is
satisfied in the case of any person, any question which under the
immigration law of the territories comprised in an East Malaysian
State would have fallen to be determined by an authority or officer
of the Government of those territories shall be determined by the
Minister.
(6) A person who has left an East Malaysian State on or after
Malaysia Day shall not be entitled in the State to the benefit of
this section if the Minister* is satisfied that his residence in the
State would be prejudicial to public security.
(7) This section shall not entitle any person for the purpose of
reaching an East Malaysian State to enter or remain in any part
of Malaysia outside the State otherwise than in accordance with
Parts I to VI, as those Parts apply to persons who are not citizens;
but a person entitled by virtue of this section to enter an East
Malaysian State shall be entitled to receive such Pass to enter a
part of Malaysia outside the State as is reasonably required to
enable him to do so.
*NOTE--For exercise of powers of Minister in respect of persons in East Malaysian state by the
Federal Secretary or by any person in the state being a member of the Public Services so authorized to do--
see paragraph 6(2)(a) and subsection 6(6)--Immigration (Transitional Provisions) Order 1963
[L.N. 226/1963].
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(8) For persons entitled to enter an East Malaysian State by
virtue of this section regulations under section 54 may, as respects
Certificates of Status and other matters, make special provision
different from that made for citizens.
(9) For purposes of this section residence shall be calculated in
like manner as for the purpose of registration as a citizen, and
"child" includes in relation to a woman, an illegitimate child.
Persons to be treated as belonging to East Malaysian State
71. (1) For purposes of