An Act relating to immigration
[1West Malaysia - 1st May 1959:
East Malaysia - 16th 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 Gazetteunder 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 Minister7in 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.
The master or captain and the owner, charterer and agent there of shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of that person and his removal from Malaysia and such expenses shall be recoverable as a debt due to Government from the master or captain and the owner, charterer and agent of the vessel or aircraft jointly and severally.
48.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