Immigration Act 1959/63

Immigration Act 1959/63 #

Section 6(1) – Control of Entry #

6. (1) No person other than a citizen shall enter Malaysia unless—

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

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

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

Section – 8(3)(a) Prohibited Immigrants #

8. (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;

Section 9(1)(a-c) – Entry Restriction & Permit Cancellation #

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

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

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

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

(c) cancel any Permit at any time by writing under his hand, if he is satisfied that the presence in, or entry into, Malaysia of the holder of any Permit is, or would be, prejudicial to public order, public security, public health or morality in Malaysia or any part thereof.

Section 9A(1) – Limiting Entry #

9A. (1) The Director General may, by order, where he deems it expedient to do so in the interests of public security or by reason of any economic, industrial, social, educational or other conditions in Malaysia—

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

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

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

Section 14 – Cancellation of Permits #

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

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

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

(4) Where any person has entered Malaysia by virtue of a Permit or Certificate, and the Director General is satisfied—

(a) that any material statement made in or in connection with the application for that Permit or Certificate was false or misleading; or

(b) that the person is a prohibited immigrant,

the Director General may declare at any time after the date of the entry, that the presence of that person in Malaysia is unlawful.

(5) On making any cancellation under subsection (2) or (3) or on making any declaration under subsection (4), the Director General shall, by notification, which, if the address of the person is known shall be sent to him at that address and otherwise shall be published in such manner as the Director General deems fit, inform the person affected thereby of the grounds on which the cancellation or declaration has been made and the person may appeal against the cancellation or declaration, as the case may be, within such time and in such manner as may be prescribed, to the Minister, whose decision shall be final.

Section 15(1) – Unlawful Presence #

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

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

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

(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.

Section 32 – Removal of Illegal Immigrants #

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

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

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

Section 33 – Removal of Persons Unlawfully Remaining in Malaysia #

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

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

Provided that there shall be no appeal under this subsection against an order of removal under subsection (1) made in respect of any person whose presence in Malaysia is unlawful under section 9 by reason of any order made under paragraph 9(1)(a) or by reason of the cancellation of a Pass or Permit under paragraph 9(1)(b) or 9(1)(c) respectively, or is unlawful under paragraph 15(1)(c) or section 60 by reason of the expiry of any Pass relating to or issued to him.

Section 33 – Removal of Persons Unlawfully Remaining in Malaysia #

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

Section 39 – Authority of Immigration Officer to Arrest and Prosecute #

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

Section 47 – Liability for Expenses #

If any person—

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

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

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

Section 48 – Obligation to Afford Free Passage #

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

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

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

(3) The Director General may exempt in writing the master, captain, owner, charterer or agent of any vessel or aircraft, as the case may be, from the obligations under subsection (1).

Section 48A – Liability for Removal #

48A. (1) A person—

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

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

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

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

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

Section 55B – Employing a Person Who Is Not in Possession of a Valid Pass

55B. (1) No person shall employ— #

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

(b) any person, whether a citizen or otherwise, in any occupation other than that specified in the Pass issued to him.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable—

(a) in the case of the first offence, to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit, or to imprisonment for a term not exceeding twelve months, or to both; and

(b) in the case of a second or subsequent offence, to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit, and to imprisonment for a term not less than one year and not more than two years.

(3) Where the person employed is a foreigner, the employer shall also be liable to whipping of not more than six strokes.

Section 55E – Occupier Not to Permit Illegal Immigrant to Enter or Remain at Premises #

55E. (1) No occupier shall permit any illegal immigrant to enter or remain at any premises.

(2) Any occupier who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding twelve months, or to both.

(3) In this section, “occupier” includes:

(a) any person having the charge, management or control of the premises either on his own account or as an agent of another person, regardless of whether the premises are owned by him or otherwise; or

(b) a lessee or tenant of the premises.

Section 56 – Offences #

56. (1) Any person who—

(a) unlawfully enters or re-enters Malaysia;

(b) unlawfully remains in Malaysia;

(d) fails to produce a valid Pass or Permit on demand made under this Act or the regulations made thereunder;

(e) refuses to answer any question or inquiry lawfully put to him by an immigration officer;

(f) makes any false statement or false representation to any immigration officer or other person lawfully acting in the execution of any of the provisions of this Act or the regulations made thereunder;

(g) forges or unlawfully alters or tampers with any Endorsement, Pass, Certificate or Permit or any document used for entry into Malaysia;

(h) uses or has in his possession any forged, unlawfully altered or tampered with Endorsement, Pass, Certificate, Permit or other document issued under this Act or used for entry into Malaysia;

(i) impersonates or falsely represents himself to be or not to be a person to whom any Endorsement, Pass, Certificate or Permit has been duly issued under this Act or any regulations made thereunder;

(j) obstructs or impedes any immigration officer or police officer in the exercise of any function conferred by or under this Act;

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

(l) attempts, abets or is a party to any act which is an offence under this Act; or

(m) conspires with or assists any person to contravene any provision of this Act,

shall be guilty of an offence against this Act.

(2) A person guilty of an offence under subsection (1) shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to whipping of not more than six strokes.

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Immigration Act 1959/63