Malaysia: Immigration Act, 1959-1963

An Act relating to immigration

[1West Malaysia - 1^st May 1959:
East Malaysia - 16^th September 1963]

PART 1
PRELIMINARY

1.Short title and application.

(1)This Act may be cited as the Immigration Act, 1959-1963.

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

2.Interpretation.

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

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

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

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

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

"Director General" means the Director General of Immigration appointed under section 3;

"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 section 5 (1);

"immigration depot" means any place designated by the Director General for the examination, inspection, or detention of persons under this Act;

"immigration 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;

"Permit" includes an Entry Permit;

"Port Officer" includes a Harbour Master appointed under the Merchant Shipping Ordinance and any person lawfully acting for him;

"prescribed" means prescribed by regulations made under this Act;

"prohibited immigrant" means a person declared to be a prohibited immigrant under section 8;

"Re-entry Permit" - (Deleted).

"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 section 3(1) and (1A);

"senior police officer" has the meaning assigned thereto in the Police Act, 1967;

"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, highway 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.

(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 reentering 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.

3.Appointment and powers of Director General and others.

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

(1A)The Minister may appoint so many Directors of Immigration and other senior immigration officers 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 lave 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;

(b)any senior immigration officer authorized in writing in that behalf by the Director General.

4.Power of Minister to issue directions.

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

PART II
ADMISSION INTO AND DEPARTURE FROM MALAYSIA

5.Entry into or departure from Malaysia.

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

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

6.Control of entry into Malaysia.

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

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

(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)(Repealed).

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

(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.

7.Right of entry.

(1)

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

(b)(Repealed).

(2)(Repealed).

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

8.Prohibited immigrants.

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

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

(b)(Repealed).

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

(a)no prohibited immigrant who is a member of the prohibited class defined in subsection (3) (0) shall enter Malaysia, or, where he becomes a member of such prohibited class after he has entered Malaysia, remains 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;

(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 section 39 A(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 prostituted 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 or officers, either of specific individuals of officers generally, of any Government in Malaysia or of any established government, because of his or their official character, advocating or teaching the unlawful destruction or property:

(k)any person who, in consequence of information received from any source deemed by the Minister 2 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 section 9(1) (a), or whose Pass or Permit has been cancelled under section 9(1) (b) or 9(1) (c) respectively, or to whom such cancellation applies under section 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 section (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 Minister3, whose decision shall be final:

Provided that, notwithstanding sections 24 and 26, any person who appeals against such refusal shall be permitted to disembark and 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.

9.Director General's power to prohibit entry, or cancel any Pass or Permit.4

(1)Notwithstanding any thing 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 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 subsection (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 subsection (1) (b) or a Permit under subsection (1) (c) shall come into force on the date 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 subsection (1) (b) or a Permit is cancelled under subsection (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 subsection (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 subsection (1) (b) or a Permit is cancelled under subsection (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).

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

(8)Any person who is dissatisfied with any order made against him under subsection (1) (a), or the holder of any Pass or Permit cancelled under subsection (1) (b) or (c) respectively, who is dissatisfied with the cancellation, or any person as is referred to under paragraph (a), (b) or (c) of subsection (6) 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 subsection (1) (a), or the cancellation of the Pass or Permit under subsection (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, 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 subsection (1) (a) is revoked, or the Pass or Permit is restored to him, as the case may be.

9A.Director General's power to limit entry into Malaysia.

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

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

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

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

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

(3)Every order made under subsection (1) shall come into force on the date of the making of such order, and shall subsequently be published in the Gazette.

PART III
ENTRY PERMITS

10.Entry Permits.

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

(2)Upon application made under subsection (1) and upon payment of the prescribed fees the Director General may issue to the applicant an Entry Permit on such terms and conditions as the Director General may think fit in the prescribed form and shall, if the applicant is required by any written law relating to passports for the time being in force in Malaysia to have a visa to enter Malaysia, issue a visa to the applicant on the production by him of his passport or other travel document and on payment of the fee prescribed 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 Minister5, whose decision thereon shall be final.

11.(Deleted).

12.Endorsement of name of wife and children on Permits, Passes and Certificates.

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

13.Power to make inquiries.

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

14.Cancellation of, and declarations regarding, Permits and Certificates.

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

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

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

(4)Where any person 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 Minister6, whose decision shall be final.

15.Unlawful entry or presence in Malaysia.

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

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

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

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

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

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

(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.

(3)(Repealed).

(4)Any person who without reasonable cause contravenes this section shall be guilty of an offence against this Act.

PART IV
PROCEDURE ON ARRIVAL IN MALAYSIA

16.Immigration signal.

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

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

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

17.Vessel to proceed to Immigration Anchorage or other place ordered by immigration officer.

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

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

(3)The master of every vessel which arrives in Malaysia shall, if so ordered by an immigration 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.

18.Aircraft arriving in Malaysia.

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

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

19.Persons not to board or leave vessel until examination completed.

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

(a)the pilot;

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

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

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

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

(2)Any person who contravenes subsection (1) shall be guilty of an offence against this act and every such person leaving a vessel in contravention of subsection (1) shall if so required by an immigration officer return forthwith to the vessel and remain thereon and the master of the vessel shall be bound to re-embark the person.

20.Prohibition on disembarking from or boarding ships without permission of immigration officer.

(1)It shall be the duty of the master, and the owner or charterer, of every vessel which arrives in Malaysia to prevent any person other than a person specified in section 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 reasonable 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 no 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)The 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 A 719).

21.Prohibition of removal of articles before examination.

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

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

22.Production of certain lists and persons by masters of vessels and captains of aircraft.

(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;

(ii)produce to an immigration officer for inspection and interrogation to 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 declaration in accordance with Appendix 1 to the Convention on 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 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 subsection (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;

(c)produce to an immigration officer a complete list of the members of the crew of his aircraft as prescribed under subsection (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 subsection (1) (a) (iii) or on the list produced under subsection (2) (c) shall be conclusive proof that the vessel or aircraft did on arrival carry that number of crew.

23.(Omitted).

23A.(Omitted).

24.Examination of persons arriving by sea or at authorized airport.

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

(a)if 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 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 (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 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 instruction, 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 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).

26.Examination of persons entering Malaysia by land or at a place other than an authorized airport.

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

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

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

27.Power to send person to depot for further examination.

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

Provided that-

(i)(Deleted by Act A719)

(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.

28.Interrogation of travelers.

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

(2)All such 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).

30.Immigration officer may give instructions to prevent evasion of examination.

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

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

PART V
REMOVAL FROM MALAYSIA

31.Removal of prohibited immigrations from Malaysia.

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

32.Removal of illegal immigrants.

(1)Any person who is convicted of an offence under sections 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)(Repealed).

33.Removal of persons unlawfully remaining in Malaysia.

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

(2)Any person in respect of whom an order of removal has been made under subsection (1) may appeal to the Minister7 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 section 9(1) (a) or by reason of the cancellation of a Pass or Permit under section 9 (1) (b) or 9 (1) (c) respectively, or is unlawful under section 15 (1) (c) or 60 by reason of the expiry of any Pass relating to or issued to him.

34.Detention of persons ordered to be removed.

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

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

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

(3)Any 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.

35.Power to arrest person liable to removal.

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

36.Unlawful return after removal.

Any person who, having been lawfully removed or otherwise sent out of Malaysia, unlawfully enters Malaysia or unlawfully resides in Malaysia shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or 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.

37.(Repealed).

PART VI
MISCELLANEOUS

38.Performance of duties of immigration officers.

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

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

39.Authority of immigration office to arrest and prosecute.

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

(2)Every immigration officer shall have authority to appear in court and conduct any prosecution in respect of any offence against this Act.

39A.Immigration officer's powers to make inquiries, etc.

(1)An immigration officer may, where-

(a)any person desires to enter Malaysia:

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

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

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

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

make all such inquiries or require the production of all 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.

(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 office 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 office, or any document is produced by any person, or any certificate is issued by 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)The provisions of 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.

40.Power to summon witnesses, etc.

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

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

(b)any inquiry under this Act;

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

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

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

(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 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 proceedings in court under this Act against the witness or against any other person.

41.Duty of police officers to execute orders.

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

42.Restriction of discharge of member of crew.

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

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

(a)he is a citizen; or

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

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

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

Any transportation company and any person, including the master or captain and the owner of a vessel or aircraft arriving in Malaysia, who has signed on the ship's articles or brought to Malaysia as a member of the crew of the vessel or aircraft any person with intent to 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, 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.

44.Security to prevent unlawful landing.

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

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

Provided that the Director General shall not direct the forfeiture of any security under this subsection if he is satisfied that the master, captain, owner, charterer, agent or consignee took every reasonable precaution to prevent any person from so 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.

45.Reports as to persons failing to continue their journey.

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

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

46.Repatriation.

(1)Any person residing in Malaysia who-

(a)is not a citizen;

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

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

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

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

(2)Upon any such application, if the Director General is satisfied, after such inquiry as he deems necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself and his family, if any, and that no 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 I 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.

47.Masters, captains, owners, etc., liable for expenses.

If any person-

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

(b)disembarks from any vessel or aircraft on which he has been re-embarked or to which he has been returned under section 19.20 or 24.

48.Obligation to afford free passage.

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

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

(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 mast, captain, owner, charterer or agent or agent of any vessel or aircraft, as the case may be, from the obligations under subsection (1).

48A.Liability for removal.

(1)A person-

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

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

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

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

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

49.Power to detain vessel.

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

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

(3)The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the Director General be given by the master, owner, charterer or agent of the vessel for the payment of any 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.

49A.Power to seize, detain and forfeit vessels, vehicles or aircraft.

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

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

50.Powers of interrogation.

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

(2)All such answer 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.

51.Powers of search and arrest.

(1)

(a)Any senior immigration officer;

(b)any senior police officer;

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

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

may without a warrant and with or without assistance-

(i)enter and search any premises; or

(ii)stop and search any vessel, vehicle or person, or search any aircraft, whether in a public place or not, if he has reason to believe that any evidence of the commission of an offence against this Act is likely to be found on such premises or person or in such vessel, vehicle or aircraft, and may seize any evidence so found.

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

(3)

(a)Any police officer, immigration officer 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 West Malaysia, be conferred by the Minister, after consultation with the 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;

(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 Kamponig, 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 of the Customs Department or by person authorized under subsection (3) (b), the person making the arrest shall comply with section 28 of the Criminal Procedure Code 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 than 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 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 inquires, 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 for a period in excess of the maximum period which may be specified in the provision under which he is to be detained.

(6)The provisions of paragraph (b) of subsection (5) shall have effect notwithstanding anything inconsistent therewith or contrary thereto in the Criminal Procedure Code.

52.Registration of particulars for purposes of identification.

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

53.Counterfoils, etc., to be prima facie evidence.

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

54.Regulations.

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

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

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

(c)prescribing-

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

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

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

(iv)the terms and conditions subject to which any person may be granted a Certificate of Status entitling him to enter Malaysia, the period for which such Certificate may be 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 authorities in the exercise of their functions under this Act;

(h)governing he procedure to be followed and the fees and costs to be paid on any appeal;

(i)prescribing the deposit 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; and

(k)prescribing the offences under this Act and any regulations, orders, or other subsidiary legislation made under 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 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 administration and management of immigration depots; and

(l)generally for better carrying into effect of this Act.

(2)All regulations made under this section shall be published in the Gazette and shall be laid before the Dewan Ra'ayat as soon as possible after such publication. If a resolution of the Dewan Ra'ayat 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.

55.Power to exempt.

(1)Notwithstanding anything contained in this Act, the Minister may be 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 person shall be published in the Gazette.

55A.Conveying person to Malaysia contrary to this Act.

(1)Any person involved, directly or indirectly, in conveying to Malaysia in or on any vehicle, vessel or aircraft any person contrary to this Act shall be guilty of an offence and shall, on conviction, be liable to fine of not less than ten thousand ringgit but not more than fifth 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 fine of not less than thirty thousand ringgit but not more 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 officer 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 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.

(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 no more than ten years shall also be punished with whipping of not more than six strokes.

55B.Employing a person who is not in possession of a valid Pass.

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

(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 of 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).

55C.Defence.

It shall be a defence for any person prosecuted pursuant to subsection 55A (3) or 55B (5) 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.

55D.Forgery or alteration of endorsement or document.

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

56.Offences.

(1)Any person who-

(a)(Repealed);

(b)(Repealed);

(c)(Repealed);

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

(e)(Repealed);

(f)makes or causes to be made my 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 against this Act.

(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 nay 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 reentering or attempting unlawfully to enter or re-enter Malaysia or unlawfully 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);

(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 section 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.

57.General penalty.

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

58.Trial of offences.

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

(a)in West Malaysia, by a Sessions Court and by a Court of a First Class Magistrate: and

(b)in East Malaysia 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 Director General or of the Public Prosecutor or his Deputy:

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

(3)In West Malaysia any Sessions Court or Court of a First Class Magistrate and in East Malaysia any Court of a Firth Class Magistrate may notwithstanding anything in the Subordinate Courts Act 1948, the Sabah Criminal Procedure Code or the Sarawak Criminal Procedure Code, as the case may be, impose the full punishment prescribed for any offence except that the Court of a Magistrate other than a Stipendiary Magistrate in East Malaysia shall not impose a sentence of imprisonment for a term exceeding twelve months.

59.Exclusion of right to be heard.

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

59A.Exclusion of judicial review.

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

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

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

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

(c)any writ of habeas corpus; or

(d)any other suit or action relating to or arising out of any act done or any decision made in pursuance of any power conferred upon the Minister or the Director General, or in the case of an East Malaysia State, the State Authority, by any provisions of this Act.

59B.Definitions of "Director General" and "order" in sections 59 and 59A.

in section 59 and 59A-

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

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

59C.Reward.

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

60.Repeal and saving.

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

Provided that-

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

(b)any person in Malaysia who is authorized to remain temporarily within Malaysia under any written law in force immediately prior to the coming into force of this Act shall be deemed t 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.

61.(Repealed).

PART VII
SPECIAL PROVISIONS FOR EAST MALAYSIA

Chapter 1-General

62.Interpretation.

In this Part unless the context otherwise requires-

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

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

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

63.Delegation of powers.

Parts II and III of the Delegation of Powers Ordinance, 1956, 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.

Chapter 2-Special Provisions

64.Application of immigration law to each East Malaysian State as separate unit.

(1)Without prejudice to the general operation of Parts I to VI (in East Malaysia as in West Malaysia), as a general law for Malaysia as a whole, those Part 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 and 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 sections 3(2) and 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)Not with standing anything in subsections (1) to (4), the powers and discretions vested in the Director General 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,

65.General powers of State authority.

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

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

66.Restriction on citizen's right of entry into an East Malaysian State.

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

(a)he belongs to the East Malaysian State;

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

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

(d)he is a member of any of the public services of the federation, or of the public service of the East Malaysian State, or of a joint public service serving the East Malaysian State, or is seconded to 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 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.

67.Right to enter East Malaysian State for exercise of political rights.

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

68.Right to enter an East Malaysian State for purposes of Federal Government.

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

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

69.Entry from outside East Malaysian for State purposes.

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

(2)The State authority shall from time to 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.

70.Temporary protection for potential citizens in an East Malaysian State.

(1)As regard 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 that seven years; and

(b)immediately before Malaysia Day under the immigration law of the territories comprised in the State, he would as being a Commonwealth citizen (or if not a Commonwealth citizen, then in the case of Sabah as having been before November 1931 born in North Borneo) have been entitled to enter those 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 subsection (2)(b) is satisfied in the case of any person, any question, 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 8 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.

(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.

71.Persons to be treated as belonging to East Malaysian State.

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

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

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

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

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

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

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

(a)as becoming a permanent resident in an East Malaysian State after not being one, until he has in a period not exceeding five year been resident in the State for periods amounting to there years; or

(b)as being a permanent resident in an East Malaysian State at any time when under federal law he requires permission to reside there and has not got permission to do so granted without limit of time.

(3)Subsection (2)(a) shall not prevent a women being treated as a permanent resident in an East Malaysian State at any time when she is marred to a permanent resident in the State and is ordinarily resident there with him.

(4)In determining for the purposes of this section whether a person is or was at any time a permanent resident in an East Malaysian State no account shall be taken of any period of residence in the State while he is there by virtue of section 67 or 68; but a period of residence or of permanent residence shall not for purposes of this section be treated as interrupted or terminated-

(a)by a period of absence from the State of less than six months;

(b)by a period of absence form the State for purposes of education of such kind, in such country and for such time as may from time to time be either generally or specially approved by the State authority;

(c)by a period of absence from the State on duty in the service of the federation or of any State, where the absence is not inconsistent with the essential continuity of the residence in the State; or

(d)by a period of absence from the state for any other cause allowed generally or specially by the State authority.

(5)A person who for purposes of Parts I to VI is for the time being treated under section 70 as a citizen in respect of his being on Malaysia Day ordinarily resident in an East Malaysian State shall for purposes of section 66 be treated as belonging to that State.

(6)Any authority empowered under parts I to VI in its operation as a special law for an East Malaysian State to issue Certificates of Status showing that a person belongs to that state shall (unless the authority is an authority of the State) notify the State authority of any application for the issue of such a Certificate, and if so required by the State authority consult with that authority before issuing the Certificate.

Chapter 3 -Supplementary

72.Travel documents required.

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

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

73.Provision for internal travel documents.

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

(2)(Omitted).

74.Continuation of State subsidiary legislation.

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

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

IMMIGRATION REGULATIONS, 1963

In exercise of the powers conferred by section 54 of the Immigration Ordinance, 1959,9 the Minister, with the concurrence of the Chief Ministers of Sabah and of Sarawak, hereby makes the following Regulations.

1.Citation, commencement and interpretation.

(1)These Regulations may be cited as the Immigration Regulations, 1963, and save as otherwise provided therein shall have effect as from Malaysia Day.

(2)In these Regulations, unless the context otherwise requires-

"alien" means a person who is not a Commonwealth citizen, a British protected person or a citizen of the Republic of Ireland;

"Boundary Pass "means a pass issued by the proper authorities in Thailand or the Federation in accordance with the provisions of any agreement for the time being in force between the Governments of Thailand and the Federation, purporting to authorise the holder thereof to enter or reenter the Federation, as the case may be:

"citizen" means a citizen of the Federation;

"Commonwealth citizen" has the same meaning as in the British Nationality Act, 1948;

"Controller" includes an immigration officer or other person authorised by the Controller to act generally on his behalf under the provisions of these Regulations; and where the Controller authorises an immigration officer of other person to act on his behalf for the purpose of one or more but not all of these Regulation, includes, for the purposes of such regulation or regulations, the Immigration officer or other person so authorised;

"Malaya" includes Singapore;

"passport" includes a travel document other than an internal travel document;

"State authority" has the same meaning as in Part II of the Immigration Act, 1963;

"unberthed passenger" means a ship's passenger for whom no accommodation in any cabin, stateroom or saloon is reserved.

(3)In accordance with section 10 of the Immigration Act, 1963, a person entitled in Sabah and Sarawak to the benefit of that section shall, as regards entry into that State, be treated under these regulations as being a citizen and as not being an alien; and in relation to any such person any form prescribed by these regulations shall be used with such modification as may be necessary to give effect to this paragraph.

2.Internal travel documents.

(1)A citizen resident in the Federation may apply to the Controller in Form A set out in the First Schedule hereto for the issue to him, for the purpose of travelling between Sabah or Sarawak and any other part of the Federation, of an internal travel document in the form B set out in that Schedule. Every such application shall be accompanied by two recent photographs of the applicant.

(2)An applicant may apply in accordance with form A aforesaid for the inclusion in the internal travel document to be issued to him of the name of his child accompanying him and being a citizen, and shall furnish with such application two recent photographs of the child.

(3)Subject to paragraph (4), the Controller, upon being satisfied that the applicant is a citizen and upon payment of the prescribed fee, shall issue an internal travel document in the Form B set out in the First Schedule hereto and, is satisfied that any child accompanying the applicant and included in the application is a citizens and has not attained the age of fifteen years, may include the name of the child therein; but the burden of proof that the applicant or his child is a citizen shall lie upon the applicant.

(4)Where the applicant requires the internal travel document for the purpose of travel to Sabah or Sarawak, and is not entitled under sub-section (1) of section 6 of the Immigration Act, 193, to enter the State without a Permit or Pass, and the Controller has reason to suppose that the applicant or any child included in the application will not be granted admission to the State, the controller may refuse to issue the internal travel document or to include the name of the child therein, as the case may be , unless the applicant satisfied him that admission will be granted.

(5)An internal travel document shall remain valid only so long as the holder remains a citizen and shall cease to be valid as regards the holder's child included therein on his ceasing to be a citizen or attaining the age of fifteen years.

(6)Where the controller is satisfied that an internal travel document or the inclusion therein of the holder's child was obtained by misrepresentation or fraud, he may cancel the document or the entry relating to the child, as the case may be, and the holder shall, on being so required by the Controller, forthwith deliver it to him for the purpose

(7)Subject to the provisions of this regulation an internal travel document shall be valid for five years from the date of issue, but on an application made not earlier than six months before the end of those five years may be renewed for a period expiring ten years from the date of issue on the like conditions as would apply under paragraph (3) and (4) of this regulation to the issue of a new internal travel document.

(8)This regulation shall have effect as from the beginning of the year 1964.

3.Application for issue of a Certificate of Status.

(1)A citizen who is outside the Federation may, in order to facilitate his entry into the Federation apply to the Controller in the Form I set out in the Second Schedule hereto for the issue to him of a Certificate in the Form 2 set out in the Second Schedule hereto. Every such application shall be accompanied by two recent photographs of the applicant.

(2)An application under this regulation may be made on behalf of a citizen by a person resident in the Federation, and such person may complete and sign part I of the said Form I on behalf of such citizen, and shall complete and sign Part II of the said Form I.

(3)An applicant may apply in accordance with part I of Form I aforesaid for the inclusion in the Certificate to be issued to him of the name of any child accompanying him who is a citizen and shall furnish with such application two recent photographs of such child.

(4)The Controller shall, upon being satisfied that the person applying, or on whose behalf the application is made, is a citizen and upon payment of the prescribed fee, issue a Certificate in the Form 2 set out in the Second Schedule hereto and, if satisfied that any child accompanying the applicant and included in the application is a citizen, may include the name of such child in the Certificate.

(5)A citizen who is resident in the Federation may apply in the Form 3 set out in the Second Schedule hereto for a Certificate, and the Controller may, upon being satisfied that the applicant is a citizen, make an endorsement to that effect on the passport of such applicant, and such endorsement shall be deemed to be a Certificate issued under this regulation.

(6)A certificate issued or endorsement made under the provisions of this regulation shall have validity only to long as the holder of the Certificate or of the passport so endorsed continues to be a citizen.

(7)The burden of proof that any person is a citizen shall lie upon that person:

Provided that the Controller may accept the status of a person as stated in his passport as prima facie evidence of such person's status.

(8)Where the Controller is satisfied that the holder of a passport endorsed under the provisions of this regulation has obtained such endorsement by misrepresentation or fraud or is not a citizen he may cancel such endorsement, and such holder shall, on being so required by the Controller, forthwith deliver to him such passport for cancellation of such endorsement.

(9)An application for a Certificate under this regulation may include an application for the Certificate to show that the applicant belongs to Sabah or Sarawak for purposes of sub-section (1) of section 6 of the Immigration Act, 1963, and in relation to such an application references in paragraphs (5) to (8) of this regulation to a passport shall include an internal travel document; and if the Certificate is issued and the Controller is satisfied that the applicant belongs to the State in question, the fact shall be stated in the Certificate or indicated by any means approved by the Minister in the Certificate or the passport or internal travel document endorsed with the Certificate.

4.Application for Entry Permits.

(1)Every application for an entry Permit shall be made in accordance with Part I of the Form 4 set out in the Second Schedule hereto, and shall be accompanied by two recent photographs of the applicant, endorsed by the applicant for the purposes of the said form. Such application may be completed by a husband on behalf of his wife or by a parent on behalf of a child.

(2)An applicant may apply in accordance with Part II of the said Form 4 for the inclusion in the Entry Permit to be issued to him to the names of his wife and of any child accompanying him, and shall furnish with such application two recent photographs of his wife and of each such child.

(3)Every application for an Entry Permit shall be supported by a declaration in the form set out in Part III of the said Form 4, made by a person resident in the Federation.

(4)Notwithstanding the provisions of paragraphs (1), (2) and (3) of this regulation, any person who at the time of his arrival in the Federation satisfies the Controller that he-

(a)is in possession of a valid passport and, if an alien, of a valid entry visa, when such visa is required; and

(b)is within any of the categories of persons excepted from the prohibition on entry under the Immigration (Prohibition of Entry) Order, 1963; and

(c)is not travelling by sea as an unberthed passenger; and

(d)intends to enter the Federation otherwise than for the purpose of remaining temporarily therein; and

(e)is not a prohibited immigrant.

may on his arrival, subject to the provisions of section 24 or 25 of the Ordinance, apply for the issue to him of an Entry Permit and for the inclusion in such Permit of the names of his wife and of any child accompanying him.

(5)Where in the case of any person applying for an Entry Permit under the provisions of paragraph (4) of this regulation and immigration officer is of the opinion that further inquires are necessary, or where a person applies under those provisions for an Entry Permit to Sabah or Sarawak on his arrival in some other part of the Federation, an immigration officer may issue to such person a Special Pass in accordance with the provisions of regulation 14 of these Regulations.

(6)Where a person, desiring an Entry Permit for the purpose of residing in Malaya, in Sabah or in Sarawak, on his way there arrives in the Federation in some other part thereof, and does not then apply for an entry Permit under the provisions of paragraph (4) of this regulation, that paragraph shall apply on his arrival in Malaya, Sabah or Sarawak, as the case may be, with the substitution of references thereto or the references to the Federation.

(7)Every Entry Permit shall be in the Form 5 set out in the Second Schedule hereto:

Provided that the Controller may in the case of an Entry permit granted to a person making application therefor under the provisions of paragraph (4) of this regulation, make an appropriate endorsement on the passport held by such person, and such endorsement shall be deemed to be an Entry Permit for the purpose of these Regulations.

(8)Except in the case of a person described in paragraph (4) of this regulation or of a person seeking to remain in the Federation or in Sabah or Sarawak after the expiration of a Pass issued to him, an application for an Entry Permit shall not be made, nor an Entry Permit be issued, except prior to the applicant's arrival in the Federation or, in the case of an Entry Permit for Sabah or Sarawak only, his arrival in that State.

(9)At the time of the issued of an Entry Permit the Controller may impose any condition not inconsistent with the provisions of the Ordinance.

5.Security in respect of Entry Permits.

(1)The Controller may require in respect of the issue of an Entry Permit such security, whether by deposit or otherwise, as he may think necessary for all costs, charges and expenses which may be incurred in the maintenance and repatriation or removal of the applicant from the Federation or from Sabah or Sarawak in the event of his being required to be so repatriated or removed at any time within two years from the date of his entry into the Federation, Sabah or Sarawak, as the case may be.

(2)Where any person in respect of whom security has been furnished under the provisions of paragraph (1) of this regulations is within two years from the date of his entry into the Federation, Sabah or Sarawak, as the case may be, repatriated or removed there from the total amount of all costs, charges and expenses incurred in the repatriation o removal of such person and his dependents, if any, shall be certified in writing by the Controller, whose certificate shall be conclusive evidence thereof, and such amount, or so much thereof as the security will cover, shall be recovered out of such security.

(3)Subject to the provisions of paragraph (2) of this regulation, such security, or the balance thereof, is nay, as the case may be, shall be returned to the person who furnished the same at the expiration of the period for which the security was furnished, or of such shorter period as the Controller may think fit.

6.Application for Re-entry Permits.

(1)Every application for a Re-entry Permit shall be made in accordance with Part I of the Form 6 set out in the Second Schedule hereto. Such application shall, unless the Controller otherwise directs, be accompanied by two recent photographs of the applicant, endorsed by the applicant.

(2)An applicant, resident in the Federation, may apply in accordance with Part II of the said form 6 for the inclusion in the Re-entry Permit to be issued to him of the names of his wife and any child, who are then resident in the Federation and who it is intended shall accompany him on his re-entry to the Federation and shall, where the Controller so requires, furnish with such application two recent photographs of his wife and of each such child.

(3)The Controller may require the appearance in person before him of any applicant resident in the Federation and of his wife and any child in respect of whom an application is made under paragraph (2) of this regulation.

(4)Every application for a Re-entry Permit made under the provisions of paragraph (1) of this regulation shall be accompanied by satisfactory evidence that the person making such application is in possession of a valid passport.

(5)Every Re-entry Permit shall be in the Form 7 set out in the second Schedule hereto:

provided that the Controller may make an appropriate endorsement on the passport held by an applicant for a Re-entry Permit, and such endorsement shall be deemed to be a Re-entry for the purpose of these Regulations.

(6)In relation to a Re-entry Permit for Sabah or Sarawak only, paragraph (2) of this regulation shall have effect with the substitution of references to that State for the references to the Federation, and in paragraphs (4) and (5) the references to a passport shall include an internal travel document.

(7)At the time of the issue of a Re-Entry Permit the Controller may impose any condition not inconsistent with the provisions of the Ordinance.

7.Validity of Entry and Re-entry Permit.

(1)An Entry Permit shall be valid for a single entry into the Federation or the part thereof to which it relates and shall cease to be valid if the holder of the same, being out of the Federation or that part thereof at the date of issue thereof, has not entered the Federation or that part thereof within six months after such date:

Provided that the Controller may extend such period by a further period or periods not exceeding in the aggregate six months.

(2)A Re-entry Permit shall be valid for such period not exceeding one year from the date of issue thereof as may be specified in such Permit and, if so endorsed thereon by the Controller, for any number of re-entries during the period of its validity, and, if not so endorsed, for one re-entry only:

Provided that the Controller may issue a Re-entry Permit for any period exceeding one year or extend the validity of any Re-entry Permit for such period or periods as he may think fit.

8.Passes.

(1)the following classes of Passes may be issued under these Regulations for the purpose of entitling a person to enter and remain temporarily within the Federation or within Sabah or Sarawak:

(a)an Employment Pass or, for work or employment in Sabah, Work Pass;

(b)a Dependant's Pass;

(c)a Visit Pass;

(d)a Transit Pass;

(e)a Student's Pass;

(f)a Special Pass;

(g)a Landing Pass.

(2)Subject to the provisions of these Regulations the issue of any Pass shall be in the discretion of the Controller.

(3)Any Pass shall be subject to such special conditions, not inconsistent with the provisions of the Ordinance, as the Controller may think fit to impose.

9.Employment Pass.

(1)Subject to the provisions of this regulation, an Employment Pass may be issued by the Controller to any person other than a prohibited immigrant who satisfies the Controller that he wished to enter the Federation (otherwise than as a visitor, tourist, transit passenger or student) in order to take up employment under a contract of service with the Government of the Federation of any State in the Federation or of any city Council or Municipality in the Federation or to take up employment in the Federation under a contract-

(a)for a minimum period of two years employment in the Federation with a company or firm approved for the purposes of this sub-paragraph; and

(b)under which such person is entitled to a salary of not less than twelve hundred dollars per month;

Provided that where the Controller is satisfied that no person resident in the Federation is available to undertake employment of the kind referred to in any such contract, and that it would be unreasonable to except and employer to pay such a salary, he may waive the requirements of this sub-paragraph.

(2)Subject to the conditions stated in the Pass and to these Regulations and Employment Pass shall authorise the holder thereof to enter the Federation on or before the date stated in such Pass and to remain therein for such period as may be so stated, but not exceeding five years from the date of such entry;

Provided that, subject to these Regulations, the Controller may by endorsement on such Pass from time to time make it valid for any number of entries during the period of its validity, or extend the period of its validity or alter, add to or delete any conditions stated therein.

(3)Every Employment Pass issued to any person under the provisions of paragraph (1) of this regulation shall be subject to the condition that during the validity of the Pass the holder shall not without the consent in writing of the Controller engage in any form of paid employment or in any business or professional occupation in the Federation, other than such particular employment, business or professional occupation as shall be specified in such Pass.

(4)(Revoked by L. N. 384/64).

(5)A Work Pass under regulation 16, and not an employment Pass may be issued to enable a person to take up employment in Sabah, and the same employment pass shall not authorise a person to take up employment both in the Federation outside Sarawak and in Sarawak, and for the purposes of sub-paragraph (a) of paragraph (1) of this regulation account shall be taken only of employment which the Pass (if issued) will authorise, and the company or firm must be approved in relation to employment outside Sarawak by the Minister or in relation to employment in Sarawak by the Minister and by the State authority, as the case may be.

(6)The foregoing paragraphs shall apply in relation to Employment Passes for a person to enter Sarawak from within the Federation as they would apply if his entry were from outside the Federation; but in relation to such a Pass paragraph (4) shall have effect as if the reference to the holder's presence in the Federation were a reference to his presence in Sarawak, and in paragraph (5) references to the company or firm being approved by the Minister shall not apply.

(7)Every application for an Employment Pass shall be-

(a)in the Form 8 set out in the Second Schedule to these Regulations;

(b)accompanied by two recent photographs of the applicant;

(c)supported by a declaration in the form set out in part II and by a covenant in the form set out in part III of Form 8 made by a person resident in the Federation.

(8)An Employment Pass shall be in the Form 9 set out in the Second Schedule to these Regulations.

10.Dependant's Pass.

(1)A Dependant's Pass may be issued by the Controller to any person other than a prohibited immigrant being the wife or dependent child of the holder of a valid Employment Pass to enable such wife or child to accompany or join such holder and remain with him in the Federation.

(2)Subject to the conditions stated in the Pass and to these Regulations a Dependant's Pass shall authorise the holder thereof to enter the Federation on or before such date as may be stated in such Pass and to remain therein for such period as may be so stated but not exceeding the period for which any employment Pass has been issued to the husband or father of the holder of such Dependant's Pass:

Provided that, subject to these Regulations, the Controller may be endorsement on such Pass from time to time make it valid for any number of entries or extend the period of its validity or alter, add to or delete any conditions stated in such Pass.

(3)Every Dependant's Pass issued under the provisions of paragraph (1) of this Regulation shall be subject to the condition that the wife or child in respect of whom it is issued shall not engage in any form of paid employment in the Federation without the consent in writing of the Controller.

(4)(Revoked by L. N. 384/64)

(5)In the foregoing paragraphs any reference to an Employment Pass shall apply also to a work Pass.

(6)The foregoing paragraphs shall apply in relation to Dependant's Passes for a person to enter Sabah or Sarawak from within the Federation as they would apply if his entry were from outside the Federation, but in relation to such a Pass paragraph (4) shall have effect as if the reference to the holder's presence in the Federation were a reference to his presence in Sabah or Sarawak, as the case may be.

(7)Every application for a Dependant's Pass shall be:

(a)in the Form 10 set out in the Second Schedule hereto;

(b)accompanied by two recent photographs of the applicant or applicant; and

(c)supported by a declaration in the form set out in Part II of the said Form 10 made by the husband or father of the applicant, as the case may be.

(8)A dependant's Pass shall be in the Form II set out in the Second Schedule to these Regulations:

Provided that the Controller may make an appropriate endorsement on the passport or internal travel document held by a person, and such endorsement shall be deemed to be a Dependant's Pass for the purpose of these Regulations.

11.Visit Pass.

(1)A Visit Pass may be issued by the Controller to any person other than a prohibited immigrant who satisfies the Controller that he wishes to enter the Federation-

(i)on a social business or professional visit; or

(ii)for temporary employment; or

(iii)as a tourist;

(iv)as the dependent child accompanying or joining the holder of a Work Pass in Sabah.

(2)The Controller may require any person applying for a Visit Pass to make application therefor in the Form 12 set out in the Second Schedule hereto and to furnish the Controller with two recent photographs of the applicant.

(3)A Visit Pass shall not be issued otherwise than prior to his embarkation to an unberthed passenger travelling to Malaya, unless he is-

(a)ordinarily resident in the Rhio Archipelago, Sumatra or Brunei; and

(b)travelling to Malaya on a direct journey from a port or place in any of those territories; and

(c)in possession of a valid passport which permits his return to his place of embarkation.

(4)Where under the provisions of paragraph (3) of this regulation a person is required to obtain a Visit Pass prior to his embarkation, application therefor may be made by such person or by a person in the Federation on his behalf.

(5)Every application for a Visit Pass made under the provisions of paragraph (4) of this regulation shall be in the Form 12 set out in the Second Schedule hereto. Such application shall be accompanied by two recent photographs of the applicant.

(6)A visit Pass shall authorise the holder thereof to enter the Federation within the period and subject to the conditions stated in such Pass and to remain in the Federation for such period as may be stated in the Pass, not exceeding in the case of a Pass for the dependent child of the holder of a Work Pass the duration of the work Pass or in any other case a period of twelve months:

Provided that the Controller may extend the validity of any Visit Pass for any further period or periods as he may think fit.

(7)Every Visit Pass issued to any person as a tourist or for the purpose of a social visit or as the dependant child of the holder of a Work Pass shall be subject to the conditions that-

(a)the holder shall not engage in any form of paid employment, or in any business or professional occupation;

(b)the holder shall not give political lectures, speeches, talks or engage in any political activity,

in the Federation during the validity of such Pass, without the consent in writing of the Minister; and in giving his consent the Minister may impose such conditions and restrictions as he may think fit.

(8)A Visit Pass may at any time be cancelled by the Controller.

(9)The foregoing paragraphs shall apply in relation to Visit Passes for Sabah or Sarawak in the case of a person entering from within the Federation as they would apply if his entry were from outside the Federation.

(10)A Visit Pass may be in the Form 13 set out in the Second Schedule to these Regulations, or may be granted by an endorsement made in the passport or internal travel document of the visitor, as the Controller may determine.

12.Transit Pass.

(1)A Transit Pass may be issued, by the Controller to any person on arrival in the Federation or in Sabah or Sarawak, if that person satisfies the Controller that he desires to enter the Federation or State for the purpose of passing through the Federation or State to a destination outside it, and that he is in possession of or in the position to obtain such valid documents (if any) as he requires to permit him to enter the country or part of the Federation which is his destination, and is otherwise qualified under the law in force there to enter the same.

(2)A Transit Pass shall entitle the holder thereof to enter the Federation or State and remain therein for such period not exceeding one month as may be stated in such Pass:

Provided that the Controller may, in his discretion, from time to time extend such period.

(3)A Transit Pass shall be in the form of an endorsement on the passport or internal travel document held by the person to whom it is issued.

13.Student's Pass.

(1)A Student's Pass may be issued by the Controller to any person other than a prohibited immigrant who satisfies the Controller that-

(a)he has been accepted as a student by a recognised University or by an educational institution approved for the purposes of this sub-paragraph: or

(b)he is in possession of a certificate issued by the Minister charged with responsibility for education to the effect that it is desirable that he should be accepted as a student at a specified educational institution in the Federation and that he has been so accepted:

Provided that in relation to an educational institution in Singapore the reference in this sub-paragraph to the Minister charged with responsibility for education shall be taken as a reference to the Minister so charged in the State Government.

(2)Every application for a Student's Pass shall be in the Form 14 set out in the Second Schedule hereto.

(3)A Student's Pass shall be in the Form 15 et out in the Second Schedule hereto and shall permit the holder thereof to enter the Federation, Sabah or Sarawak (as required by the purpose for which the Pass is issued) and remain therein for such period, and subject to such conditions, as may be stated in such Pass:

Provided that the Controller may make an appropriate endorsement on the passport or internal travel document held by the applicant and such endorsement shall be deemed to be a Student's Pass for the purposes of these Regulations.

(4)The Controller may cancel a Student's Pass if the person to whom such Pass is issued-

(a)fails within a reasonable time to enter a recognised University or educational institution approved for the purposes of sub-paragraph (1) of this regulation, or designated in any certificate issued under sub-paragraph (b) of that paragraph, as the case may be; or

(b)having entered such University or educational institution, fails to remain or ceases to be retained as a student therein.

(5)For the purposes of sub-paragraph (a) of paragraph (1) of this regulation an educational institution must be approved by the Minister and, in the case of an institution in Sabah or Sarawak, by the State authority:

Provided that for the purposes of entry into Sabah or Sarawak from within the Federation or of the entry of a citizen into Sabah or Sarawak from outside the Federation the institution shall not require the approval of the Minister.

14.Special Pass.

(1)A Special Pass may be issued by the Controller to any person if the Controller considers the issue of such a Pass desirable-

(a)in order to afford an opportunity of making enquiry for the purpose of determining whether such person is entitled to an Entry Permit or is otherwise entitled to enter the Federation, Sabah or Sarawak under the provisions of the Ordinance or of these Regulations, or whether such person is a prohibited immigrant; or

(b)in order to afford such person a reasonable opportunity of prosecuting an appeal under the provisions of the Ordinance against any decision of the Controller; or

(c)for any other special reason.

(2)A Special Pass shall entitle the holder thereof to enter the Federation, Sabah or Sarawak (as the case requires) or remain therein for such period, not exceeding one month, as may be stated in such Pass:

Provided that the Controller may, from time to time, extend such period.

(3)A Special Pass shall be in the Form 16 set out in the Second Schedule hereto, or in the form of an endorsement on the passport or internal travel document of the applicant, as the Controller may determine.

(4)A Special Pass may at any time be cancelled by the Controller:

Provided that the Controller shall not cancel a Pass issued under the provisions of paragraph (1) (b) of this regulation otherwise than for breach of any conditions imposed in respect thereof until the appeal in respect of which such Pass has been issued has been determined.

(5)Where a Special Pass is to be issued in the said Form 16 the applicant shall, if so required, furnish to the Controller two recent photographs of himself.

15.Landing Pass.

(1)A Landing Pass may be issued by the Controller to any through passenger travelling in, or any member of the crew of, any vessel or aircraft on arrival in any port or airport, as the case may be, in the Federation.

(2)A Landing Pass shall entitle the holder thereof to enter the Federation, Sabah or Sarawak, as the case requires, and remain therein during the stay of such vessel or aircraft.

(3)Subject to the provisions of paragraph (4) of this regulation a Landing Pass shall be in the form of an endorsement on the passport or internal travel document of such passenger.

(4)Where any member of a crew is in possession of a seaman's identification card furnished under the provisions of section 22 of the Ordinance or of any identification card issued to him by the master of the vessel or aircraft on which he is employed or by the owners or agents of such vessel or aircraft, and such card in the opinion of a senior immigration officer sufficiently identifies him, it shall, subject to the provisions of regulation 20 of these Regulations and unless the Controller otherwise directs generally or in any particular case or cases, be deemed to be a valid Landing Pass issued to him under the provisions of paragraph (1) of this regulation.

(5)Every seaman's identification card, which is deemed by virtue of the provisions of paragraph (4) of this regulation to be a Landing Pass, shall be deemed to have been issued subject to such conditions as the Controller may have notified in writing to the master of the vessel to which the holder thereof belongs.

16.Work Pass for Sabah.

(1)A Work Pass may be issued by the Controller to any person other than a prohibited immigrant who satisfies the Controller that he wishes to enter Sabah (whether from within or from outside the Federation) in order to take up work or employment in Sabah and that-

(a)he is qualified to work or undertake employment in the trade, business or calling in respect of which the application is made; and

(b)there is not already unemployment in Sabah of persons skilled in that class of trade, business or calling; and

(c)his taking up such work or employment will be to the benefit generally of Sabah.

(2)Subject to the conditions stated in the Pass and to these Regulations, a Work Pass shall authorise the holder thereof to enter the Federation or to enter Sabah from within the Federation (as the case requires) within the period stated in the Pass and to remain therein for the purpose of working or engaging in employment in Sabah as specified in the Pass for such period not exceeding five years as shall be stated in the Pass, and the Pass may specify the employer or proposed employer by whom such person may only be employed:

Provided that the Controller may, in his discretion, extend the period of validity of a Work Pass from time to time for any period not exceeding five years at any one time.

(3)Every Work Pass issued to any person under this regulation shall be subject to the conditions that the holder shall take up the work or employment specified in the Pass and shall continue therein during the validity of the Pass.

(4)where a person is specified in a Work Pass as the employer or proposed employer of the holder, that person shall forthwith inform the Controller if the holder-

(a)fails to take up the employment; or

(b)is discharged from, or leaves, the employment.

(5)A Work Pass may at any time be cancelled by the Controller, and shall be cancelled if the holder does not observe the conditions required by the paragraph (3) of this regulation.

(6)The Controller may require any person applying for a Work Pass to make application therefor in the Form 17 set out in the Second Schedule hereto, supported by a declaration in the form set out in Part II and a covenant in the form set out in Part III of Form 17 made by a person resident in the Federation, and to furnish the Controller with two recent photographs of the applicant.

(7)A Work Pass shall be in the Form 18 set out in the Second Schedule hereto, or in the form of an endorsement on the passport or internal travel document of the applicant as the Controller may determine.

17.Holders of passes to report.

Every holder of a Pass issued under these Regulations may be required by the Controller as a condition of the issue thereof-

(a)to report to an immigration officer immediately prior to leaving the Federation or the part for which the Pass is valid;

(b)to comply with any instructions endorsed upon such Pass by the Controller regarding the making of reports as to himself and his whereabouts during his stay in the Federation or that part.

17A.The Controller may require any holder of a Pass issued under these Regulations to give such further information as he may deem necessary.

18.Taking of security in respect of Passes.

The Controller may, as a condition of the issue of any Pass under these Regulations, require such security, whether by deposit or otherwise, as he may think necessary, to be furnished by or on behalf of the applicant, as a guarantee that the person to whom such Pass is issued will comply with the provisions of the Ordinance and of any regulations made thereunder and with any conditions imposed in respect of or instructions endorsed upon such Pass.

19.Cancellation of Pass and forfeiture of security.

(1)Without prejudice to any other specific power to cancel a Pass conferred by or under these Regulations, if the Controller is satisfied that the holder of any Pass issued under these Regulations has contravened or failed to comply with any provision of the Ordinance or of any of these Regulations, or with any condition imposed in respect of or instruction endorsed on such Pass he may-

(a)forth with cancel such Pass; and

(b)in any case where security has been deposited under regulation 18 of these Regulations, and whether or not the Pass is cancelled, direct the forfeiture of such security or any part thereof.

(1A)Without prejudice to paragraph (1) or to any other specific power to cancel a Pass conferred by or under these Regulations, if the Controller is satisfied-

(a)that the holder of a Pass, other than a Special Pass, is a prohibited immigrant; or

(b)that the presence in the Federation of the holder of any Pass is or would be prejudicial to public security in any part of the Federation.

he shall cancel such Pass.

(2)The cancellation of a Pass or forfeiture of any security under this regulation shall be without prejudice to the taking of proceedings against any person for any offence against the Ordinance or against these Regulations.

(3)Notice of the cancellation of any Pass or of the forfeiture of any security or any part thereof shall be given to the holder of such Pass:

Provided that it shall be sufficient if such notice is forwarded by registered post to the last known address of the holder.

20.Security in respect of seamen.

(1)Where under the provisions of regulation 15 of these Regulations a seamen's identification card is deemed to be a Landing Pass issued to a member of the crew of any vessel or aircraft, the Controller may require the master, owner, agent or charterer of such vessel or aircraft to give security, whether by deposit or otherwise, that such member of the crew will comply with the provisions of the Ordinance and of any regulations made thereunder and with any conditions subject to which such Landing Pass is deemed to have been issued.

(2).Notwithstanding he provisions of regulation 15 of these Regulations, no seaman's identification card shall be deemed to be a Landing pass issued to a member of a crew in any case in which security, having been required under this regulation, is not given in accordance with such requirement.

21.Employers' general security.

(1)Where any employer enters into a contract for the employment with in the Federation or within Sabah or Sarawak of a person resident outside the Federation or the State, as the case may be, the Controller may require such employer as a condition precedent to the issue to any such person of an Entry Permit or Work Pass to furnish a general security in respect of all such charges and expenses, which may be incurred by the government in respect of the maintenance, repatriation or removal from the Federation or State of such person or his dependants in the event of his repatriation or removal at any time within two years from the date of his entry.

(2)A security under the provisions of this regulation shall be in the Form 20 set out in the Second Schedule hereto.

22.Controller may retain passport or internal travel document under certain circumstances.

For the purpose of an examination under section 24, 25 or 26 of the Ordinance, or where a special Pass is issued under the provisions of paragraph (1) of regulation 14 of these Regulations, the Controller may, where he deems it necessary so to do, take possession of the passport or internal travel document of the person regarding whom such examination is being conducted or to whom such special Pass is issued, and shall in every such case forth with issue a receipt there for to the holder.

23.Issue of duplicate of Re-entry Permit.

(1)Any person whose Re-entry Permit has been lost, stolen or destroyed, may apply to the Controller for the issue of a duplicate of such permit.

(2)Every application made under the provisions of paragraph (1) of this regulation shall be supported by a statutory declaration as to the facts alleged by the applicant, and shall be accompanied, unless the Controller otherwise directs, by two recent photographs, of the applicant, one of which shall be endorsed with the applicant's signature, and the Controller may thereupon, if satisfied that the applicant's Re-entry Permit has been lost, stolen or destroyed and on payment of the prescribed fee, issue a duplicate thereof.

24.Liability of master, etc., for payment of expenses in respect of persons detained in an immigration depot.

(1)Where any person is detained in an immigration depot under the provisions of sub-section (1) of section 27 of the Ordinance, the master, owner, charterer and agent of the vessel or aircraft which brought such person to the Federation or to Sabah or Sarawak, as the case may be, shall be jointly and severally liable for all expenses incurred in the detention and maintenance of such person:

provided that no such liability shall be incurred where any person so detained is subsequently permitted to enter the Federation or the State.

(2)Any expenses leviable under the provisions of paragraph (1) of this regulation shall be recoverable as a debt to the Federation from the master, owner, charterer and agent of such vessel or aircraft jointly and severally.

25.Recovery of expenses incurred in respect of prohibited immigrants.

(1)A prohibited immigrant shall be liable to pay to the Federation a sum sufficient to cover all expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from the Federation or from Sabah or Sarawak of himself and his dependants.

(2)If a Magistrate is satisfied that any expenses have been or are likely to be incurred by the Government in connection with the detention, maintenance, medical treatment or removal of any prohibited immigrant and his dependants, he may issue a warrant for the levy of an amount sufficient to cover such expenses by distress and sale of any movable property belonging to such prohibited immigrant.

(3)Such warrant may be executed in the same manner as a warrant for the levy of the amount of a fine.

(4)Where any sum recovered under warrant issued under paragraph (2) of this regulation is in excess of the total amount of the expenses for which the prohibited immigrant is liable under paragraph (1) of this regulation, the balance shall be returned.

(5)The partial recovery of expenses under the provisions of this regulation shall not prejudice the liability of any surety or of any other person for the balance, nor shall the issue or execution of a warrant under such regulation be a condition precedent to the liability of a surety or such other person.

26.Appeal to Minister.

(1)Any person wishing to appeal under the provisions of:

(a)sub-section (6) of section 8 of the Ordinance against refusal of permission to enter the Federation; or

(b)sub-section (5) of section 14 of the Ordinance against cancellation of a Permit or Certificate or the making of a declaration;

(c)sub-section (2) of section 33 of the Ordinance against an order of removal made by the Controller;

shall within seven days of receiving notice of such refusal, cancellation, declaration or order, as the case may be, appeal by petition in writing to the Minister.

(2)Any appeal made under this regulation shall be lodged with the Controller, who shall thereupon acknowledgement in writing the receipt thereof.

27.Form of Certificate of Clearance.

Every Certificate of Clearance issued under the provisions of subsection (2) of section 16 of the Ordinance shall be in the Form 21 set out in the Second Schedule hereto.

28.Form of undertaking under section 46 of the Ordinance.

Every undertaking entered into under the provisions of subjection (3) of section 46 of the Ordinance shall be in the Form 22 set out in the Second Schedule hereto.

29.Particulars of crew.

(1)The list of members of a crew required under paragraph (a) of sub-section (1) of section 22 of the Ordinance or under paragraph (c) of sub-section (1) of section 23 of the Ordinance shall be in the Form 23 set out in the Second Schedule hereto and shall contain the particulars mentioned in such form.

Form of Seaman's Identification Card.

(2)The seaman's identification card required under paragraph (c) of sub-section (1) of section 22 of the Ordinance shall be:

(a)in respect of a seaman employed on a vessel of 75 net registered tons or over, in the form 24A set out in the Second Schedule hereto; and

(b)in respect of a seaman employed on a vessel of under 75 net registered tons or over, in the Forms 24B set out in the Second Schedule hereto.

(3)No seaman's identification card shall be required in respect of any seaman employed on any vessel, who is in possession of a Seaman's Certificate of Nationality and identity or a Seaman's Identity book issued by the Controller or of a valid Re-entry Permit.

30.Particulars of passengers landing in the Federation.

(1)The list of passengers required under paragraph (a) of subsection (2) of section 22 of the ordinance shall be in the Forms 25A and 25B set out in the Second Schedule hereto, as may be appropriate, and shall contain the particulars mentioned therein.

Passenger's Embarkation and Disembarkation Card.

(2)The particulars required under paragraph (b) of sub-section (2) of section 22 of the Ordinance and under paragraph (b) of sub-section (1) of section 23 of the Ordinance and under sub-section (1) of section 26 of the Ordinance shall be supplied in accordance with the Form 26 set out in the Second Schedule in triplicate hereto.

31.Security Bond.

Where an immigration officer requires under the provisions of sub-section (3) of section 44 of the Ordinance security by a bond, such bond shall be in the Form 27 set out in the Second Schedule hereto.

32.Order of Detention.

An order of detention made under the provisions of sub-section (1) of section 34 of the Ordinance shall be in the Form 28 set out in the Second Schedule hereto.

33.Summons to a witness.

A summons to a witness issued under the provisions of sub-section (1) of section 40 of the Ordinance shall be in the Form 29 set out in the Section Schedule hereto.

34.Fees.

(1)There shall be payable to the Controller in respect of every document mentioned in column 1 of the Third Schedule hereto the respective fee mentioned in column 2 of the said Schedule.

(2)The Minister may be order exempt any person or class of persons from the payment of any fee specified in the Third Schedule.

35.Immigration signals to be hoisted.

The immigration signal required under sub-section (1) of section 16 of the Ordinance shall be:

(a)by day, the flags in the International Code of Signals corresponding to-

(i)the numerals "25" in respect of vessels not carrying passengers; and

(ii)the numerals "34" in respect of vessels carrying passengers; and

(b)by night, in every case, a red light over a white light mounted vertically, six feet apart, visible through 360 for a distance of two miles.

36.Prohibition of entry by land after dark

No person shall enter Malaya, Sabah and Sarawak by land between the hours of 7 p.m. and 6 a.m.:

Provided that this regulation shall not apply to any person entering by land as a passenger or railway official in the normal course of a railway journey.

37.Boundary Pass.

(1)A valid Boundary Pass issued by the proper authorities in Thailand shall be deemed to be a Pass issued under these Regulations for the purpose of direct entry by land from Thailand, subject to such conditions as may be endorsed thereon by the Controller at the time of the holder's entry.

(2)A valid Boundary Pass issued by the proper authorities in the Federation shall be deemed to be a Re-entry Permit issued under the provisions of section 11 of the Ordinance for the purpose of direct re-entry by land from Thailand.

(3)Any Boundary Pass deemed to be a Pass or Re-entry Permit under the provisions of paragraph (1) or (2) respectively of this regulation shall be valid for entry or re-entry, as the case may be, only by an approved route at an immigration control post as declared by notification in the Gazette under the provisions of section 5 of the Ordinance.

38.Obligations of persons entitled to exemptions.

Any person who is exempt by virtue of an order made under section 55 of the Ordinance from the provisions of sub-section (1) of section 6 of the Ordinance or of the Immigration Act, 1963, shall comply with any condition attached to the exemption, being a condition requiring him-

(a)on ceasing to be exempt to apply for a Permit or Pass; or

(b)while exempt to refrain from engaging in paid employment.

39.Penalties.

Any person who without reasonable cause:

(a)contravenes or fails to comply with the provisions of paragraph (6) of regulation 2, paragraph (8) of regulation 3, paragraph (4) of regulation 16, regulation 17A, regulation 36 or regulation 38 of these Regulations; or

(b)contravenes or fails to comply with any condition imposed in respect of, or instruction endorsed on, any Pass, Permit or Boundary Pass,

shall be guilty of an offence against these Regulations and shall be liable on conviction to a term of imprisonment not exceeding six months or to a fine not exceeding one thousand dollars or to both such imprisonment and fine.

40.Extent and application and revocation of previous regulations.

(1)These regulations shall extend throughout the Federation, and in Sabah and Sarawak the provisions of these regulations shall have effect for the purpose of the Ordinance as a special law for the State, so far as those provisions are relevant for that purpose.

(2)In the application of these regulations for the purposes of the Ordinance as a special law for Sabah or Sarawak, they shall have effect subject to Part II of the Immigration Act, 1963, and without prejudice to the powers thereby conferred on the authorities of the State (but sub-section (1) of section 4 of that Act shall not be taken as affecting the meaning of the word "Federation" in these regulations).

(3)The regulations mentioned in this paragraph, and any regulations amending them, shall be superseded by these regulations and are hereby revoked, namely,-

(a)in the States of Malaya, the Immigration Regulations, 1959;

(b)in Sabah, the Immigration Regulations, 1962;

(c)in Sarawak, the Immigration Regulations;

(d)in Singapore, the Immigration Regulations, 1959.

(4)In the event of forms, not being available for use in conformity with these regulations at their coming into force, the forms previously in use for corresponding purposes of the regulations mentioned in paragraph (3) may continue to be used with any necessary adaptations; and any such form marked to show that it is used under these regulations shall be read with the adaptations necessary to give it the same effect as the corresponding form under these regulations.

IMMIGRATION (EXEMPTION) ORDER, 1963

IN exercise of the powers conferred by section 55 of the Immigration Ordinance, 1959, the Minister, with the concurrence of the Chief Ministers of Sabah and of Sarawak, hereby makes the following Order:

1.Citation and commencement.

(1)This Order may be cited as the Immigration (Exemption) Order, 1963.

(2)This order shall have effect as from Malaysia Day.

2.Extent and application and revocation of previous orders.

(1)This order shall extend throughout the Federation, and in Sabah and in Sarawak the provisions of this Order shall have effect for the purposes of the Ordinance as a special law for the State.

(2)The orders mentioned in this sub-paragraph, and any order amending them, shall be superseded by this Order an dare hereby revoked, namely,-

(a)in the Sates of Malaya, the Immigration (Exemption) Order, 1959;

(b)in Sabah, the Immigration (Exemption) Order; 1962

(c)in Sabah, the Immigration (Exemption) Order;

(d)in Sabah, the Immigration (Exemption) Order; 1959.

3.Exemptions for officials, etc. and their families.

(1)There shall be exempt from the provisions of sub-section (1) of section 6 of the Ordinance any person who is not in the opinion of the Controller permanently resident in the Federation and who belongs to one of the classes specified in the Schedule hereto, and any such person's wife or dependant child who is not, in the opinion of the Controller, permanently resident in the Federation.

(2)For the purposes of this paragraph a person shall not be treated as permanently resident in the Federation if hie is subject to any restriction as to his period of residence imposed under any law relating to immigration.

(3)The exemption conferred by this paragraph shall be subject to the following conditions:

(a)when a person referred to in sub-paragraph (1) ceases to hold or enjoy the employment, appointment, status or privileges which entitle him to enter under this order without a Permit or Pass, he shall for the purposes of the Ordinance be deemed to be a Person seeking to enter the Federation with effect from the date on which he so ceases and he shall, if he desires to remain in the Federation, forthwith apply for a Permit of Pass;

(b)a person entitled tot he exemption as being the wife or child of a person of a class specified in the Schedule shall not engage in any form of paid employment in the Federation without the consent in writing of the controller.

(c)A person entitled to exemption either as being a person of a class specified in the Schedule or as being the wife or child of such person shall cease to enjoy the exemption and be deemed to be a person seeking to enter the Federation as and when such person becomes a prohibited immigrant or becomes a member of the prohibited classes within the meaning of section 8 of the Immigration Ordinance, 1959.

4.Exemptions for fishing boat crews.

There shall be exempt for the provisions of sub-section (1) of section 6 of the Ordinance and of section 13 of the Immigration Act, 1953, any person who is a member of the crew of any fishing vessel registered or licensed in the Federation and engaged exclusively in fishing who, having left the territorial waters of the Federation in such vessel, returns to the Federation in the course of the same voyage.

5.Special provisions for Sabah and Sarawak.

(1)In Sabah and Sarawak paragraphs 3 and 4 shall apply in relation to sub-section (1) of section 6 of the Immigration Act, 1963, as they apply in relation to sub-section (1) of section 6 of the Ordinance, but as if for any reference to the Federation in sub-paragraph (3) of paragraph 3 or in paragraph 4 there were substituted a reference to the State, and as if paragraph 1 of the Schedule were omitted.

(2)In Sabah there shall be exempt from the provisions of-

(a)sub-section (1) of each of the said sections of the Act, Muruts and Lundayas who are Malaysian citizens and who enter Sabah by land from Sarawak;

(b)section 13 of the Act, any person belonging to the Murut or Lundaya race entering Sabah by land.

(3)In Sarawak there shall, subject to the provisions of paragraph 7, be exempted from all the provisions of the Ordinance, and of the Immigration Act, 1963, employees of the Brunei Shell Petroleum Company Limited arriving by air or sea at Bintulu.

6.Burden of proof.

The burden of proof that any person is a person to whom this order applies shall lie upon that person.

7.Saving

Noting in this order shall be deemed to exempt a person from examination under section 24 or under sub-section (2) of section 26 of the Ordinance.

SCHEDULE

1.Persons who at the beginning of May, 1959, were in the service of the Government of the federation or Singapore, or of any State in the Federation or of any city council or Municipality in the Federation or in Singapore, or who were then in the service of any Government outside the Federation and seconded to any such service as aforesaid.

2.Persons who immediately before Malaysia Day were in the service of the Government of North Borneo or Sarawak, or who were then in the service of any Government outside the Federation and seconded to that service.

3.Members of any visiting force within the meaning of any law for the time being in force regulating visiting forces present in the Federation.

4.Persons duly accredited as diplomatic or consular representatives to the Federation.

5.Persons upon whom the immunities and privileges referred to in Part II or III of the First Schedule to the Diplomatic and Consular Privileges Ordinance, 1957, have been conferred under that Ordinance. Made this 16th day of September, 1963.

IMMIGRATION (TRANSITIONAL PROVISIONS) ORDER, 1963

IN exercise of the powers conferred by section 16 of the Immigration Act, 1963, the Minister hereby makes the following Order:

1.Citation, commencement and extent.

(1)This Order may be cited as the Immigration (Transitional Provisions) Order, 1963.

(2)This order shall have effect as from Malaysia Day, and shall extend through out Malaysia.

2.Interpretation.

In this order, unless the context otherwise requires-

(a)"the Ordinance" means the Immigration Ordinance, 1959, and any reference to the Ordinance shall include a reference to it in its operation as a special law for a Borneo State;

(b)"the State law" means in relation to each of the Borneo States and Singapore the Ordinance of the State repealed by the Act.

3.(Superseded by Act 155).

4.(Superseded by Act 155).

5.Adaptations for Singapore.

In its application to Singapore the Ordinance shall have effect subject to the following provisions:

(a)in section 51-

(i)the references in sub-sections (3) and (4) to a Penghulu or Penggawa shall not apply;

(ii)for the reference in sub-section (4) to certain sections of the Criminal Procedure Codes in force in the States of Malaya there shall be substituted a reference to sections 34 and 35 of the Criminal Procedure Code of Singapore;

(b)in section 52 for the reference to the Registration of Criminals Ordinance, 1948, there shall be substituted a reference to the Registration of Criminals Ordinance of Singapore, and for the words" expelled form the Federation" there shall be substituted the word "deported";

(c)in section 58 for the references to a Sessions Court, to the Court of a First Class Magistrate and to the Courts Ordinance, 1948, there shall respectively be substituted references to a District Court, to a Magistrate's Court and to the Criminal Procedure Code of Singapore.

6.Local exercise in Sabah and Sarawak of certain powers.

(1)Where a person in a Borneo State appeals to the Minister

(a)under sub-section (6) of section 8 of the Ordinance against refusal of permission to enter Sabah or Sarawak (or to enter the Federation in Sabah or Sarawak); or

(b)under sub-section (3) of section 10 or 11 of the Ordinance against the refusal of an Entry or Re-entry Permit; or

(c)under sub-section (5) of section 14 of the Ordinance against cancellation of a Permit or Certificate or the making of a declaration; or

(d)under sub-section (2) of section 33 of the Ordinance against an order of removal;

then, subject to sub-paragraph (5), the appeal shall stand referred to the federal secretary in the State whose decision there on shall be the decision of the Minister:

Provided that, where it appears to the federal secretary that the case is not one of urgency, he may and, in any description of case in which he is directed so to do by the Minister, shall reserve the case for the decision of the Minister.

(2)In respect of persons in a Borneo State the powers of the Minister-

(a)under paragraph (k) of sub-section (3) of section 8 of the Ordinance; or

(b)under the proviso to sub-section (1)of section 27 of the Ordinance; or

(c)under sub-section (6) of section 10 of the Act;

may, subject to the general directions and control of the Minister, be exercised by the federal secretary in the State or by such person in the State (being a member of the public services as defined in Article 132 of the constitution) as the Minister may by notification in the Gazette appoint by name or office to exercise the power in question either generally or in any particular class of case or particular circumstances and either instead of or in addition to the federal secretary.

(3)The powers of the Minister under sub-section (5) of section 10 of the Act may be exercised in a Borneo State by the Controller, (or, if there is no Controller in the State, Deputy Controller).

(4)An application under sub-section (4) of section 49 of the Ordinance for the forfeiture of a vessel seized in a Borneo State may be made in the name of the attorney-General of the Federation by the Attorney-General of the State.

(5)In relation to appeals by a citizen not claiming to enter or be in the state by virtue of section 7 or 8 of the Act sub-paragraph (1) shall apply with the substitution for references to the federal secretary of references to the Chief Minister of the State or such other Minister of the State as the Chief Minister may designate for the purpose of that sub-paragraph.

(6)References in this paragraph to the federal secretary in the State include the deputy federal secretary in a State where there is no federal secretary.

(7)This paragraph shall have effect for any purpose until the Minister otherwise directs, and no longer; but any direction under this sub-paragraph shall be notified in the Gazette.

PART II
SAVINGS AND TRANSITIONAL PROVISIONS

7.General saving of permits, passes, etc.

(1)Subject to the provisions of this Part of this order or amendment made by the Act shall deprive of its validity or effect any certificate, permit, pass, order, bond or other instrument or thing issued, made, given or done before Malaysia Day under the law then in force in the Federation or under the State law, but in relation to any such instrument or thing (including an instrument no longer in force on Malaysia Day) the Ordinance and the Act shall apply with the like consequences, as nearly as may be, as they have in relation to corresponding instruments issued, made, given or done under the Ordinance as it has effect on and after Malaysia Day.

(2)The Controller may, if occasion offers, substitute for any such permit or pass issued to a person before Malaysia Day a corresponding permit or pass under the Ordinance as it has effect after that day, but the substituted permit or pass-

(a)shall be limited to expire at such time, and be subject to such condition is, as are appropriate having regard to the unexpired duration and to the conditions of the previous permit or pass; and

(b)shall be liable to cancellation for any breach before it is issued of the conditions attached to the previous permit or pass or on any other ground on which the previous permit or pass is at the time of the substitution liable to be cancelled.

(3)No fee shall be required for any instrument issued under sub-paragraph (2) or for any instrument issued on an application made before Malaysia Day and after payment on that application of the fee then required for the relevant instrument.

(4)For the purposes of this paragraph a visit pass issued in Sarawak before Malaysia Day shall be deemed to correspond to an employment pass under the Ordinance or to a visit pass thereunder for a business or professional visit of for temporary employment according to the purposes for which and conditions on which it was issued, but this shall not restrict the duration of such a pass.

(5)Where under the State law, any bond or other obligation has been entered into, or security given, with, to or for the benefit of a government other than that of the Federation, then without prejudice to sub-paragraph (1) or any provision of the Malaysia Act it shall as regards matters arising on or after Malaysia Day operate as if entered into or given with, to or for the benefit of the government of the Federation.

8.Unlawful entries, etc., before Malaysia Day.

(1)Nothing in paragraph 7 shall be taken to render unlawful on Malaysia Day a person's presence in any part of the Federation which he is entitled to enter without a permit or pass, and nothing done under the Ordinance or the State law before that day shall impose on a person an obligation to leave or refrain from entering any such part of the Federation.

(2)Subject to sub-paragraph (1), where immediately before Malaysia Day a person's presence in the Federation or in any territory comprised therein on Malaysia Day was unlawful, then notwithstanding anything in paragraph 7 his continued presence thereon and after Malaysia Day shall for purposes of the Ordinance be deemed to be unlawful, and he may be removed from the Federation or the corresponding part thereof accordingly.

(3)Where a person was immediately before Malaysia Day liable to be remove from the Federation or any such territory and on that day ceases by operation of law to be so liable, no person shall incur any liability in respect to the execution of any order made before that day for his removal or for his detention with a view to removal.

9.Continuance of appeals and detention orders.

Where before Malaysia Day any appeal has been brought or any order for a persons' detention has been made under the State law, the appeal may be disposed of or authority for the continuance of the detention may be given as if that law had continued in force, and any decision on an appeal or authority which is given by virtue of this paragraph shall have effect for the purposes of the Ordinance.

10.Application of Interpretation and General Clauses Ordinance, 1948.

The provisions contained in this Part of this order shall be in addition to and not in derogation of any provisions of the Interpretation and General Clauses Ordinance, 1948, as to the effect of repeals, and the last-mentioned provisions shall apply throughout the Federation to repeals made by or under the Act with effect from Malaysia Day as if the laws repealed by the Act had in every case been laws in force in the Federation.

SCHEDULE
REGISTRATION OF PARTICULARS OF PERSONS REMOVED FROM SABAH OR SARAWAK

1.Every person in respect of whom an order has been made under the Ordinance in Sabah or Sarawak for his removal from the Federation or from the State shall be legally bound to submit to the taking of his photograph and finger impressions in the manner provided by the Fingerprints Ordinance of the State, and an immigration officer shall endorse particulars of such order upon the form upon which such finger impressions have been made authenticating such endorsement with his signature, and the provisions of the Fingerprints Ordinance relating to the registration, recording and admissibility in evidence thereof shall apply to every such photograph, finger impression and particulars so taken.

2.Any person who, being legally bound under the provisions above set out to submit to the taking of his photograph or finger impressions, refuses or fails to submit thereto on demand by an immigration officer shall be guilty of an offence against the Ordinance.

Made this day of September, 1963.

IMMIGRATION AND PASSPORT (EXEMPTION) ORDER, 1984

IN exercise of the powers conferred by section 55 of the Immigration Act, 1959/63 and section 4 of the Passport Act 1966, the Minister, with the concurrence of the State Authority of Sabah and the State Authority of Sarawak, makes the following order:

1.Citation and commencement.

This Order may be cited as the Immigration and Passport (Exemption) Order, 1984 and shall come into force on the 1st August 1984.

2.Entry into Sabah from Sarawak.

(1)Subject to subparagraph (2), every person, including a person who is not a citizen, entering Sabah on a direct journey from Sarawak shall be exempted from the requirements of section 6 (1) read with section 64 of the Immigration Act, 1959/63 from the requirements of section 66 and 72 of the Immigration Act, 1959/63 and from section 3 of the Passport Act, 1966.

(2)A person, other than-

(a)a citizen belonging to Sabah or Sarawak; and

(b)a permanent resident issued with an identity card (red) under the National Registration (Sarawak) Regulations 1966 or the National Registration (Sabah) Regulations 1972,

may only enter and remain temporarily in Sabah during the validity of a pass issued in Sarawak and subject to the conditions endorsed thereon, unless such pass is extended or conditions therein varied by the Director of Immigration Sabah.

3.Entry into Sabah from Labuan.

(1)Subject to subparagraph (2), every person including a person who is not a citizen, entering Sabah on a direct journey from the Federal Territory of Labuan shall be exempted from the requirements of section 6(1) read with section 64 of the Immigration Act 1959/63 and from the requirements of sections 66 and 72 of the Immigration Act, 1966 and from section 3 of the Passport Act, 1966.

(2)A person, other than-

(a)a citizen; or

(b)a permanent resident issued with an identity card (red) under the National Registration (Sarawak) Regulations 1966 or the National Registration (Sabah) regulations 1972,

may only enter and remain temporarily in Sabah during the validity of a pass issued anywhere in Malaysia and subject to the conditions endorsed thereon, unless such pass is extended or conditions therein varied by the Director of Immigration Sabah.

4.Entry into Sabah from West Malaysia.

(1)Subject to subparagraph (2), a person, other than-

(a)a citizen; or

(b)a permanent resident issued with an identity card (red) under the National Registration, 1960 or the National Registration (Sarawak) Regulations 1966 or the National Registration (Sabah) Regulation 1972,

entering Sabah on a direct journey from West Malaysia other than from the Federal Territory of Labuan shall be exempted form the requirements of section 66 o the Immigration, Act 1959/63:

Provided that he may only enter and remain temporarily in Sabah during the validity of the pass issued anywhere in Malaysia and subject tot her conditions endorsed thereon, unless such pass is extended or conditions therein varied by the Director of Immigration Sabah.

(2)A citizen belonging to Sarawak pursuant to section 71 of the Immigration Act, 1959/63 entering Sabah on a direct journey from West Malaysia, other than from the Federal Territory of Labuan, shall be exempted from the requirements of section 6 (1) read with section 64 of the Immigration Act, 1959/63, from the requirements of sections 66 and 72 of the Immigration Act, 1959/63 and from section 3 of the Passport Act, 1966.

(3)Every citizen other than those belonging to Sarawak pursuant to section 71 of the Immigration Act, 1959/63 entering Sabah on a direct journey form West Malaysia who complies with the procedure specified in subparagraph (4) shall be exempted form the requirements of section 72 of the Immigration Act, 1959/63 and section 3 of the Passport Act, 1966.

(4)A citizen seeking exemption under subparagraph (3) shall-

(a)prior to his leaving West Malaysia duly fill in triplicate and produce to the immigration officer at the point of exit in West Malaysia the document in lieu of an internal travel documents appearing in the Schedule;

(b)produce to an immigration officer such duly filled in document at the point of entry into and exit from Sabah; and

(c)surrender to an immigration officer such document on his re-entry into West Malaysia.

5.Entering and leaving Sarawak.

(1)Without prejudice to subparagraph (3), a citizen belonging to Sabah pursuant to section 71 of the Immigration Act, 1959/63 entering or leaving Sarawak on a direct journey from or to any other place on Malaysia who complies with the procedure specified in subparagraph (2) shall be exempted from the requirements of section 72 of the Immigration Act 1959/63 and section 3 of the Passport Act, 1966.

(2)A citizen seeking exemption under subparagraph (1) shall-

(a)on his leaving or entering Sarawak, as the case may be, duly fill in duplicate and produce to an immigration officer at the point of entry of entry in Sarawak the document in lieu of an internal travel document appearing in the Schedule; and

(b)produce to an immigration officer at the point of entry into and exit from Sarawak the same document.

(3)Citizens residing in the district of Sipitang in Sabah entering Sarawak by land shall be exempted from the requirements of section 6 read with section 64 of the Immigration Act, 1959/63 and from the requirements of section s 66 and 72 of the Immigration Act, 1959/63 and from section 3 of the Passport Act, 1966.

6.Permanent residents leaving Sabah or Sarawak.

A person, not being a citizen, who is issued with an entry permit or is otherwise granted permission to reside in Sabah or Sarawak without limit of time, who leaves Sabah or Sarawak to enter and remain temporarily in any other part of Malaysia shall be exempted from the requirements of section 11 (1) read with section 64 of the Immigration Act, 1959/63 and from section 66 of the Immigration Act, 1959/63:

Provided that on his re-entry into Sabah or Sarawak, as the case may be, he produces to the immigration officer his identity card (red) issued under the National Registration (Sabah) Regulations 1972 or the National Registration (Sarawak) Regulations 1966.

7.Persons belonging to Sabah or Sarawak entering Sabah or Sarawak.

Notwithstanding anything in this Order, citizens belonging to Sabah or Sarawak pursuant to section 71 of the Immigration Act, 1959/63 entering the State to which he belongs on a direct journey from any other place in Malaysia shall be exempted from the requirements of section 72 of the Immigration Act, 1959/63 and section 3 of he Passport Act, 1966.

8.Entry into West Malaysia.

Every person entering West Malaysia including the Federal Territory of Labuan on a direct journey from any other place in Malaysia shall be exempted for the requirements of section 72 of the Immigration Act, 1959/63 and section 3 of the Passport Act, 1966.

9.Prohibited immigrations.

The exemption granted under this Order shall not apply to any person who is a prohibited immigration according to section 8(3) read with section 64 of the Immigration Act, 1959/63.

10.Burden of proof.

Where a person claims exemption under this Order the burden of proof that he is so exempted shall be upon him.

11.Repeal.

The Immigration and Passport (Exemption of Passports) Order, 1981 and the Immigration and Passport (Exemption of Passports) Order, 1984 are repealed.

SCHEDULE
DOCUMENT IN LIEU OF INTERNAL TRAVEL DOCUMENT

[form not reproduced here]

IMMIGRATION AND PASSPORT (EXEMPTION OF PASSPORTS) ORDER 1984

IN exercise of the powers conferred by section 55 of the Immigration Act 1959/63 and section 4 of the Passport Act 1966, the Minister, with the concurrence of the State Authority of Sabah, makes the following order:

1.Citation and commencement.

This Order may be cited as the Immigration and Passport (Exemption of Passports) Order 1984 and shall come into force on the 16th April 1984.

2.Exemption.

(1)Every citizen entering Sabah on a direct journey from the Federal Territory of Labuan shall be exempted form the requirements of section 66 and 72 of the Immigration Act 1959/63 and section 3 of the Passport Act 1966 if on his entry into Sabah he produces for examination to an immigration officer his identity card issued under the National Registration Regulations 1960, National Registration (Sabah) Regulations 1972 or National Registration Regulations (Sarawak) 1966.

(2)Every person who is not a citizen but is issued a red identity card under the National Registration (Sabah) Regulations 1972 entering Sabah or the Federal Territory of Labuan on a direct journey from the Federal Territory of Labuan or Sabah, as the case may be, shall be exempted from the requirements of sections 66 and 72 of the Immigration Act 1959/63 and section 3 of the Passport Act 1966 if on his entry into Sabah or the Federal Territory of Labuan, as the case may be, he produces for examination to an immigration officer his identity card issued under the National Registration (Sabah) Regulations 1972.

3.Burden of proof.