Professional Documents
Culture Documents
PERKARA M/S
1. Citation and commencement 2 22. Security 79-80
2. Interpertation 3-6 23. Forfeiture of security 80-83
3. Internal travel document 6-10 24. Security in respect of seamen 83-85
4. Certificate of Status 10-14 25. Power to retain passport or internal travel 86-87
document.
5. Entry Permits 16-21 26. Liability of master, etc. 89-90
6. Security in respect of Entry Permits 21-23 27. Recovery of expenses 90-92
7. Validity of Entry Permit 27 28. Appeal to Minister 92-93
8. Passes 28-30 29. Form of Certificate of Clearance 94
9. Employment Pass 30-37 30 Form of Undertaking under section 46 of the Act 94
10. Dependant’s Pass 38-41 31. Particulars of crew 95-96
11. Work Pass 43-46 32. Particulars of passengers 97
12. Visit Pass 47-51 33. Security Bond 98
13. Student’s Pass 55-61 34. Order of Detention 98
14. Special Pass 61-64 35. Summons to a witness 98
15. Landing Pass 64-67 36. Fees 99
16. Transit Pass 71-72 37. Immigration signals to be hoisted 99-100
17. Professional Pass 73-74 38. Time of entry 100-101
18. Boundary Pass 75 39. Obligations of the Exempted person 103
19. Border Crossing Pass 76 40. Penalties 104-105
20. Conversion of Pass 77 41. Saving 105-106
21. Duties of Pass Holders 78-79 42. Revocation 106-107
1
SEBUTAN LAMA CADANGAN BARU ULASAN
PART I
PRELIMINARY
Provided that it shall not include in (b) in the case of a person leaving by
any case an entry made for the purpose of air, boarding on aircraft in Malaysia
complying with this Act or an entry expressly
which is about to depart from Malaysia;
or impliedly sanctioned by an immigration
officer for purpose other than of any enquiry and
or detention under the this Act;
4
“immigration depot” means any
place designated by the Director General for
the examination, inspection, or detention of
person under this Act;
5
regulations made under this Act entitling the
holder thereof to enter and remain temporarily in
Malaysia;
“Passenger” means any person carried in
vessel or aircraft, other than the member of the
crew;
“Permit” includes an Entry Permit;
6
any person carried in a vessel as a bone fide
member of the staff employed in the
operation or service of the vessel and, if the
vessel and, if the vessel has articles, entered
on those article;
“senior immigration officer” means
any person appointed under subsections 3(1)
and (1A);
“senior police officer: has the
meaning assigned thereto in the Police Act
1967;
“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;
7
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 transit or
passengers, Whether by vessel, aircraft,
railway, highway or otherwise and includes
any two or any or more carry includes any
two or more such transportation companies
co-operating in the business of carrying
passengers;
8
or used for the conveyance of any person or thing
and which maintains contact with ground when in
motion;
9
provision of this Act or any subsidiary
legislation made under this Act.
11
(b) any senior immigration kepada ’surat perlantikan’ sebagai
of Immigration or Director of that behalf by
pegawai imigresen yang diminta
the Director General.
3(4) A certificate of appointment in the sebagai membuktikan kesahihan
form of an authority card shall be issued perlantikan oleh peguambela.
4. Power of Minister to issue directions.
to every immigration officer appointed Juga bertujuan menetapkan setiap
The Minister may from time give the
under this section, by the Director pegawai imigresen yang di
Director General directions of a general
character not inconsistent with this Act as to gantung tugas atau ditamatkan
General, and such authority card shall be
the exercise of the power and discretions
perkhidmatan supaya
conferred on the Director General by, and the prima facie evidence of the appointment
duties required to be discharged by the mengembalikan kad kuasa kepada
Director General, under this Act in relation to under this Act.
Ketua Pengarah bagi
all matters which appear to him to affect the
immigration policy of Malaysia, and the mengelakkan penyamaran dan
Director General shall given effect to all
salah guna kuasa.
such directions.
PART II
12
(1) The Minister may, by notification in the
Gazette, prescribe approved routes and declare
such immigration control 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 airport or
authorized points of entry, as the case may be,
and no person shall, unless compelled by
accidents or other reasonable cause, enter or leave
Malaysia except at an authorizes landing, airport
or point of.
13
to do so in the interest of public security
(b) his name is endorsed upon a valid
Entry Permit in accordance with section in Malaysia, any person or class of
12, and he is in the company of the persons by order in writing under his
holder of the Permit;
hand from leaving Malaysia;
(3) he is in possession of a valid Pass
lawfully issued to him to enter Malaysia;
or
(2) (Repealed).
14
(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
may place in Malaysia.
7. Right of entry.
(b) (Repealed).
15
(2) (Repealed)
8. Prohibited immigrants.
.
(b) (Repealed)
16
prohibited class after he has entered Malaysia,
remains in Malaysia ; and
17
(c) any person who refuses to submit to
a medical examination after being required to
do so under subsection 39a(1);
18
(f) any person who procures or attempts
to bring into Malaysia prostitutes or women
or girls for the purpose of prostitution or
other immoral purpose;
19
(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 or officers generally, of any
Government in Malaysia or of any established
government, because of his their official
character, advocating or teaching the unlawful
destruction of property;
20
circumstances connected therewith, is deemed
by the Director General to be an undesirable
immigrant;
21
(4) The burden of proof that any person
seeking or enter Malaysia is not a prohibited
immigrants shall lie upon that person.
23
either for a stated period or permanently, the
entry or re-entry into Malaysia of any person
of person:
24
making of such order, and shall subsequently
be published in the Gazette.
(b) any wife of the holder of the Pass or (b) Any spouse of the holder of the Pass or
Permit where the wife is a holder of a Pass or Permit where the spouse is a holder of a
Permit issued to her in consequence of the Pass or Permit issued to him in consequence
issue of the Pass or the Permit to her husband; of the issue of the Pass or the Permit her
and husband or his wife and:
26
(c) any dependant child of the holder of
the Pass or The Permit where such child is not
citizen, in the same manner that they apply to
the holder of 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).
28
application of subsection (4) and (5) to any
person under subsection (6),shall have full
force and effect as provided under subsection
(2) or (3), as the case may be, and where
accordingly the person appealing is outside
Malaysia, or has left Malaysia or been
removed from Malaysia before its
determination, he may be permitted to enter
or re-enter Malaysia if his appeal is allowed
29
(i) limit the number of person of any
class who may enter Malaysia within any
period specified in the order; or
30
(3) Every order made under subsection
(1) shall came into force on the date the
making of such order, and shall subsequently
be published in the Gazette.
PART III
ENTRY PERMIT
31
(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 from and shall,
if the applicant is required by any written law
relating to passports for the time being a visa
to the applicant on production by him of his
32
whose decision thereon shall be final.
11. (Repealed).
33
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 of any statement
made in the application for the Permit, Pass or
Certificate.
34
any person to whom a Permit or Certificate
has been issued, the Director General is
satisfied, as a result of inquiries made under
section 24 or 26, or from other information,
that the Permit or Certificate was issued as a
result of any false representation or
concealment of a material fact the Director
General may cancel the Permit or Certificate.
35
Permit or Certificate was false or misleading;
or
(b) that the person is a prohibited
immigrant
The Director General may cancellation
under at any time after date of the entry, that
the presence of that person in Malaysia is
unlawful.
36
declaration, as the case may be, within such
time and in such manner as may be
prescribed, to the minister, whose decision
shall be final.
37
(c) after the expiration of the period of
any Pass relating to or issued to him; or
(3) (Repealed)
(4) Any person who reasonable cause 15(4) Any person who without reasonable cause Untuk menyelaraskan hukuman
contravenes this section shall be guilty of an contravenes this section shall be guilty of an dan denda Akta Imigresen
38
offence and shall, on conviction, be liable to a offence and shall, on conviction be liable to a 1959/63
fine of not less than ten thousand ringgit and fine not exceeding ten thousand ringgit or to
or to imprisonment for a tern not exceeding
five year or to both. imprisonment for a term not exceeding five
years or to both.
PART IV
39
(2) Subsection (1) shall not apply to any
vessel which plies solely between ports in
Malaysia.
40
SEBUTAN LAMA CADANGAN BARU ULASAN
41
SEBUTAN LAMA CADANGAN BARU ULASAN
42
SEBUTAN LAMA CADANGAN BARU ULASAN
43
SEBUTAN LAMA CADANGAN BARU ULASAN
ULASAN
44
SEBUTAN LAMA CADANGAN BARU
20. Prohibition on disembarking from or
boarding ships without permission of
immigration officer.
45
SEBUTAN LAMA CADANGAN BARU ULASAN
Precaution to prevent such disembarkation or
boarding.
46
SEBUTAN LAMA CADANGAN BARU ULASAN
22. Production of certain lists and
persons by masters of vessels and captain
of aircraft. Bertujuan untuk memasukkan
“Obligation of owner, charterer and agent to
(1) (a) The master of every vessel arriving provide particulars of passengers and crews peruntukan baru sepertimana
in or leaving Malaysia shall- yang dipersetujui kerajaan untuk
of the aircraft.
mendapatkan maklumat awal
(i) furnish to an immigration officer a
complete list of the members of the crew in 22A. (1) Notwithstanding section 18 any ketibaan/pemergiaan penumpang
such from and containing such particulars as melalui udara.
may be prescribed; owner, charterer and agent shall provide to the
Director General through electronic
(ii) produce to an immigration officer transmission, particulars of passengers and
for inspection and interrogation all the
members of the crew; crews of the aircraft prior to the departure of the
aircraft from the place of embarkation or under
(iii) furnish to an immigration officer
special circumstances, within a reasonable time
in triplicate identification cards of each
member of the crew in such from as may be before arrival.
prescribed;
(2) The particulars of the passengers and
crews of the aircraft shall include
information as specified by Minister.
47
(3) Any owner, charterer and agent who
fails to comply with the subsection 1
above shall be guilty of an offence and
shall on conviction be liable to a fine of
not less than ………….. thousand
ringgit or to imprisonment for a term not
less than ………….. or to both.”
48
SEBUTAN LAMA CADANGAN BARU ULASAN
49
SEBUTAN LAMA CADANGAN BARU ULASAN
50
SEBUTAN LAMA CADANGAN BARU ULASAN
51
SEBUTAN LAMA CADANGAN BARU ULASAN
(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.
52
(5) In any proceeding under section the
certificate in writing of an immigration officer
who boarded or examined the vessel or
aircraft to the effect that it carried on arrival
in Malaysia a total number of crew
corresponding in description to the particulars
on the identification cards furnished under
subparagraph (1)(a)(iii) or on the list
produced under paragraph (2)(c) shall be
conclusive proof that the vessel or aircraft did
on arrival carry that number of crew.
23. (Omitted).
23A. (Omitted).
53
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 not person arrived by sea and is
still aboard the vessel, he shall not disembark
in Malaysia, or , if disembarked for the
purpose of examination, he shall return
forthwith to 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
54
(b) if the person arrived by air, he shall
not leave the precincts of the airport 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 instruction 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-
55
(i) he either disembark in Malaysia
or refuses or neglects to return forthwith to
his vessel, as the case may be; or
(ii) he leave the precincts of an
airport without the permission son 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 given under
subsection (1); or
(b) being-
(i) the master of a vessel, permits
any person to disembark in Malaysia, or
refuses to re-embark any person; or
56
entering Malaysia or 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 the officer,
57
force as may be reasonably necessary to
enable him to comply with subsections (1)
and paragraph (3) (a).
58
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
chartered as those of the vessel or 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
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.
25. (Omitted).
61
comply ant with section shall be guilty of an
against this Act. 26A Examination of persons leaving Bertujuan untuk menyelaras kawalan
Malaysia
orang keluar dari Malaysia
27. Power to send person to depot for (1) Every person who leaves Malaysia Sebelum ini tiada peruntukan.
further examination. by land, sea or air shall proceed to an
Wujud masaalah apabila arahan-
immigration control post, authorized
(1) Where an immigration officer is in landing place or authorized airport shall arahan dari pihak kerajaan
doubt as to the right of any person to enter appear before an immigration officer in /k’jaan negeri atas alasan utk
Malaysia, it shall be lawful for the officer to charge of the control post, authorized
direct the person to an immigration depot and, landing place, or authorized airport to melarang org keluar Malaysia
in such case, the person shall proceed produce relevant particulars as the diatas keselamatan negara.
forthwith to the depot and shall remain there immigration officer requires and such Contoh ; ahli NGO ingin hadiri
until permitted to leave by the officer: person shall comply with the instruction of
the immigration officer. persidangan bagi tujuan
Provided that— memburukkan nama baik negara.
(2) Any person who contravenes or .
(i) (Repealed by Act A719);
fail to comply with this section shall be guilty
of an offence under this Act.
62
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.
63
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.
64
(a) refuses to answer any question
or inquiry put to him under
subsection (1) or knowingly
gives any false or misleading
answer to any question or
inquiry; or
65
(1) An immigration officer may give such
instructions as may be reasonably necessary
to ensure that no passenger or member of a
crew evades examination either of his person
or effects.
PART V
66
If during the examination of any person
arriving in Malaysia or after such enquiry as
may 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
disembarkation or to the country of his birth
or citizenship.
67
(2) (Repealed)
68
of any person whose presence in Malaysia is
unlawful under section 9 by reason of the
cancellation of a Pass or Permit under
paragraph 9(1)(b) or 9(1)(c) respectively, or is
unlawful under paragraph 15(1)(c) or 60 by
reason of the expiry of any Pass relating to or
issued to him.
69
be released, pending the determination of his
appeal, on such conditions as to furnishing
security or otherwise as the Director General
may deem fit.
70
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 exceeding
thirty days pending a decision as to whether
an order for his removal should be made.
71
37. (Repealed).
PART VI
MISCELLANEOUS
72
(2) Every immigration officer shall be
deemed to be public servant within the
meaning of the Penal Code.
(1) Every immigration officer shall have (1) Every immigration officer shall have Bertujuan untuk memperluaskan
the authority and powers of a police officer to the authority and powers of a police officer kuasa Pegawai Imigresen
enforce any of provisions of this Act relating to enforce any provisions of this Act menjalankan tugas dibawah Akta
to arrest, detention or removal. relating to examination, arrest, detention, ini. Sebelum ini tiada peruntukan
investigation or removal. di dlm Akta yg membolehkan
(2) (Deleted). Peg. Imigresen membuat siasatan
dlm kes tangkapan.
39A. Immigration officer’s powers to
make inquiries, etc.
73
(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;
74
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.
75
person, or any certificate is issued by a
Government Medical Officer, such statement,
document or certificate shall be admissible in
evidence in any proceedings in court under
this Act against the person who made the
statement or produced the document, or
against the person in respect of whom the
certificate was issued, or against any other
person.
79
(c) an “oath” includes an affirmation or
declaration in the case of persons
allowed by law to affirm or declare
instead of swear.
(4) Nothing in this section shall prejudice
the admission as evidence of any other 40B. Kebolehterimaan keterangan oleh Sebelum ini tiada peruntukan
depositions. agent provocateur dalam Akta.
Bertujuan membolehkan
41. Duty of police officers to execute Tanpa menyentuh mana-mana undang- keterangan agent Provocateur
orders. diterima dalam prosiding
undang bertulis, dalam mana-mana prosiding mahkamah.
All police officers shall, when so requested bagi sesuatu kesalahan di bawah Akta ini,
by a senior immigration officer, receive and
keterangan atau kenyataan seorang agent
execute according to the tenor there of any
written order of the Director General, and any provocateur hendaklah diterima tanpa sangsi
warrant of the Director General for the arrest, mengenai apa-apa persubahatan atau
Detention or removal of any person made
under this Act. penglibatan dalam konspirasi jenayah untuk
melakukan kesalahan, jika tujuan beliau adalah
bagi mendapatkan keterangan bagi sesuatu
kesalahan di bawah Akta ini.
83
SEBUTAN LAMA CADANGAN BARU ULASAN
(a) he is citizen; or
84
SEBUTAN LAMA CADANGAN BARU ULASAN
85
SEBUTAN LAMA CADANGAN BARU ULASAN
86
SEBUTAN LAMA CADANGAN BARU ULASAN
ULASAN
87
SEBUTAN LAMA CADANGAN BARU
the master of the vessel or the captain of the
aircraft, as the case may be, shall notify an
immigration officer or a senior police officer
of the failure of the passenger or member of
the crew to continue his journey.
46. Repatriation.
88
SEBUTAN LAMA CADANGAN BARU ULASAN
89
SEBUTAN LAMA CADANGAN BARU ULASAN
90
SEBUTAN LAMA CADANGAN BARU ULASAN
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,
91
48. Obligation to afford free passage.
92
(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.
(1) A person-
93
(b) who employs any person, other
than a citizen or a holder of an
Entry Permit, who is not in
possession of a valid Pass; or
94
49. Power to detain vessel.
95
(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.
96
the vessel before forfeiture and sale.
97
person or by post at his place of office or
abode, if known:
100
any public road or street or in any public place
in such manner as he may think fit; and any
immigration officer may take all reasonable
measures to prevent any person from passing or
any vehicle from being driven past any such
barrier, including any measure to pursue and
apprehend any such person or stop any such
vehicle where, having regard to the attendant
circumstances at a given moment of time, it is
apparent that if such measure is not taken the
escape of such person and vehicle to avoid
detection or otherwise is likely to be imminent.
101
(2) No immigration officer
shall be liable for any loss, injury or
damage caused to any person or
property consequent upon his taking the
steps mentioned in subsection (1).
102
(c) any other police officer generally or
specially authorized in that behalf by
the Director General; and
103
(2) No woman shall be searched under this
section except by a woman.
104
(iii) in the case of Sarawak, be conferred
by the Director General, with the approval of
a Resident, in areas to be notified in the State
Gazette, on any Tua Kampong, Tuai Rumah
or any Native or Chinese Headman.
105
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
106
for the purpose of either making inquiries, or
effecting his removal from Malaysia, under
this Act, and any provision of this Act or any
subsidiary legislation made under this Act
providing for the arrest or detention,
otherwise than for an offence, of a person
who is a citizen, or for the arrest or detention
of a person other than a citizen, whether for
an offence against this Act or otherwise than
for such offence, shall be read as being
subject to the provision of paragraph (a) or
(b), as may be applicable:
108
removed from Malaysia under this Act and
for and for the purpose of so applying that
Act an immigration officer shall be deemed to
be a police officer.
54. Regulations.
109
(1) The Minister may make regulations for
all or any of the following purpose:
(a) prescribing anything which is to be
or may be prescribed under this Act;
(b) prescribing the forms to be used for
the purpose 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,
110
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 procedure to be
followed by persons entering Malaysia shall
be made;
(f) prescribing the procedure to be followed
by persons entering Malaysia;
(g) prescribing the procedure to be
followed by authorities in the exercise of their
functions under this Act;
112
possible after such publication. If a resolution passengers and crews of the aircraft on board
of the Dewan Ra’ayat is passed within the leaving for Malaysia.”.
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.
113
in the Gazette.
114
SEBUTAN LAMA CADANGAN BARU ULASAN
also be liable to whipping of not more than
six strokes.
115
SEBUTAN LAMA CADANGAN BARU ULASAN
also be liable to whipping of not more that 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 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 that two years but not more than ten years
and shall also be punished with whipping of
not more than six strokes.
116
SEBUTAN LAMA CADANGAN BARU ULASAN
shall, on conviction, be liable to a fine of not
less than ten thousand ringgit but not more
than fifty thousand or to imprisonment for a
term not exceeding twelve months or to both
for each such employee.
117
SEBUTAN LAMA CADANGAN BARU ULASAN
(4) For the purpose of this section a person
performing any act normally performed by an
employee in a place of employment whether
or nor for payment shall be presuming, unless
the contrary is proved, to have been
employed.
55C. Defence.
119
55E. Occupier not to permit illegal
immigrant to enter or remain at premises.
120
(a) had permitted the illegal immigrant
to enter or remain at the premises;
and
(b) had knowledge that he is an illegal
immigrant.
(4) The presumption in subsection (3) shall
not be rebutted unless occupier proves that he
has taken all reasonable measures, to prevent
any illegal immigrant from entering or
remaining at the premises.
121
to which the body corporate is liable under
subsection (2).
“premises includes-
(a) any land, building or part of any
building;
(b) any place whether open or enclosed;
122
immovable.
56. Offences.
123
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
124
(aa) except for an offence under
paragraph (d), be liable to a fine not
exceeding ten thousand ringgit or to
imprisonment for a term not
exceeding five years;
(bb) in the case of an offence under
paragraph (d), be liable to a fine of
not less than ten thousand ringgit
and not more than fifty thousand
ringgit for each person harboured
and where it is proved to the
satisfaction of the court that the
person has at the same time
harboured more than five such
persons that person shall be liable
to imprisonment for a term of not
less than six months but not more
125
(c) abets or is engaged in a criminal
conspiracy to commit (as those terms
are defined in the Penal Code) any
offence under this Act whether or
not the offence is committed in
consequence thereof;
shall be guilty of such offence and be liable to
the punishment provided for such offence.
(1B) Any reference in this Act to an
offence under any specific provision of this
Act, includes an offence by virtue of
subsection (1A) in relation to that specific
provision, except that , no citizen, shall, in
any case, be liable to removal from Malaysia
in consequence of an offence under
subsection (1A).
126
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 proceeding 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
127
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.
128
impose the full punishment prescribed for any
offence except that the Court of a Magistrate
shall not impose a sentence of imprisonment
for a term exceeding the term of
imprisonment that a Magistrate of the First
Class may impose under the Subordinate
court Act 1948.
129
made.
(3) Where the offence has been
compounded under subsection (1), no
prosecution shall be instituted in respect of
the offence against the person to whom the
offer to compound was made.
(4) Any money paid to the prescribed
person pursuant to subsection (1) shall be
paid into and form part of the Federal
Consolidated Fund.
130
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.
131
In sections 59 and 59A-
(a) “Director General” includes any
immigration officer exercising and
discharging the power and duties vested
in the Director General; and
(b) “order” includes any decision, any
direction and any act of cancellation of
any Pass, Permit or Certificate.
59C. Reward.
The Director General may order such
reward as he thinks fir to be paid to any
person for any service rendered in connection
with the detection and prosecution of an
offence under this Act.
Provided that-
(a) any person in Malaysia whose
132
presence is unlawful under the
Ordinances hereby repealed shall
be deemed to be unlawfully in
Malaysia for the purposes of the
Act;
(b) any person in Malaysia who is
authorized to remain temporarily
within Malaysia under any written
133
subject to any limitations imposed
by that law.
61.(Repealed).
PART VII
SPECIAL PROVISIONS FOR EAST
MALAYSIA
Chapter 1- General
62. Interpretation.
134
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.
135
Malaysia (except in a reference to a
Government in Malaysia) there were
substituted a reference to the East Malaysia
State.
136
special law for an East Malaysian State, those
Parts shall have effect subject to the following
modification:
137
exercise of those be required to leave and
depart from Malaysia nor, without his
consent, be removed from Malaysia.
138
East Malaysia State is unlawfull,,
or to order a specified persons
removal from the State.
139
(a) he belongs to the East Malaysia
State:
140
(2) Where a citizen is entitled to enter the
East Malaysian State under subsection (1), the
citizen’s children under the age of eighteen
years and (if he is a man) his wife, if entering
the East Malaysian State with, or to be with,
the citizen, shall not be required by subsection
(1) to obtain a Permit or Pass in that behalf.
141
67. Right to enter Malaysian State for
exercise of political rights.
142
him such particulars as are necessary to
enable him to discharge his functions in
relation to those persons and in relation to an
East Malaysian State subsection (1) shall not
be taken to apply to any person unless he is a
person , or belongs to a class of persons, so
notified to the Director in relation to that
State.
143
Entry is required as aforesaid, giving such
particulars 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.
144
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
resident in the territories comprised in the
East Malaysian State 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 been
entitled to enter those territories without
having obtained a permit or pass
145
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 id
disposed of.
146
Malaysian State on or after Malaysian Day
shall not be entitled in the State to the benefit
of this section if the Minister* is satisfied that
his residence in the State would be prejudicial
to public security.
147
(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.
148
(iii) by registration in respect of his
being on Malaysian Day ordinarily resident in
the East Malaysian State.
149
of residence or of permanent residence shall
not for purpose of this section be treated as
interrupted or terminated-
150
Malaysia Day ordinarily resident in an East
Malaysian State shall for purpose of section
66 be treated as belonging to that State.
Chapter 3 – Supplementary
151
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 to passports if he were entering from a
place outside Malaysia.
152
shall not be deemed to be a passport within
the meaning of any relating to passports.
(2) (Omitted)
153
154
155