LAWS OF MALAYSIA - AGC

1 laws OF MALAYSIAREPRINTAct 155 IMMIGRATION ACT 1959/63 Incorporating all amendments up to 1 January 2006 PUBLISHED BYTHE COMMISSIONER OF LAW REVISION, MALAYSIAUNDER THE AUTHORITY OF THE REVISION OF laws ACT 1968IN COLLABORATION WITHPERCETAKAN NASIONAL MALAYSIA BHD20062 laws of MalaysiaACT 155 IMMIGRATION ACT 1959/63 First ..1959 (Ordinance No. 12of 1959, Act No. 27 of1963 and 226 of1963) .. 1975 (Act 155 May 1975)PREVIOUS REPRINTSF irst ..1997 Second ..2001 Immigration3 laws OF MALAYSIAAct 155 IMMIGRATION ACT 1959/63 ARRANGEMENT OF SECTIONSPART title and and powers of Director General and of Minister to issue directionsPART IIADMISSION INTO AND DEPARTURE into or departure from of entry into of General s power to prohibit entry, or cancel any Pass General s power to limit entry into MalaysiaPART IIIENTRY Permits11.

2 (Deleted) of name of wife and children on Permits, Passes andCertificates4 laws of MalaysiaACT to make of, and declarations regarding Permits and entry or presence in MalaysiaPART IVPROCEDURE ON ARRIVAL IN to proceed to Immigration Anchorage or other place ordered byimmigration arriving in not to board or leave vessel until examination on disembarking from or boarding ships without permissionof immigration of removal of articles before of certain lists and persons by masters of vessels and captainsof aircraft23.(Omitted)23A.(Omitted) of persons arriving by sea or at authorized airport25.(Omitted) of persons entering MALAYSIA by land or at a place otherthan an authorized to send person to depot for further of travellers29.

3 (Deleted) officer may give instructions to prevent evasion ofexaminationPART VREMOVAL FROM of prohibited immigrants from of illegal of persons unlawfully remaining in of persons ordered to be to arrest person liable to return after removal37.(Deleted)PART of duties of immigration of immigration officer to arrest and officer s powers to make inquiries, to summon witnesses, of deposition of person who cannot be of police officers to execute of discharge of member of on or bringing as one of the crew any person with intent toland contrary to this to prevent unlawful as to persons failing to continue their , captains, owners, etc.

4 , liable for to afford free for to detain to seize, detain and forfeit vessels, vehicles or of of search and deemed of particulars for purposes of , etc., to be prima facie to a person to MALAYSIA contrary to this a person who is not in possession of a valid or alteration of endorsement or document6 laws of MalaysiaACT not to permit illegal immigrant to enter or remain at of to of right to be of judicial of Director General and order in sections 59 and and saving61.(Deleted)PART VIISPECIAL PROVISIONS FOR EAST MALAYSIAC hapter 1 of powersChapter 2 Special of immigration law to each East Malaysian State as powers of State on citizen s right of entry into an East Malaysian to enter East Malaysian State for exercise of political to enter East Malaysian State for purposes of Federal from outside East MALAYSIA for State protection for potential citizens in an East Malaysian to be treated as belonging to East Malaysian StateChapter 3 documents for internal travel of State subsidiary legislationImmigration7 laws OF MALAYSIAAct 155 IMMIGRATION ACT 1959/63An Act relating

5 To immigration.[Peninsular MALAYSIA 1 May 1959;Sabah and Sarawak 16 September 1963]PART IPRELIMINARYS hort title and application1.(1) This Act may be cited as the Immigration Act 1959/63.(2) This Act applies throughout MALAYSIA subject to Part (1) In this Act, unless the context otherwise requires authorized airport , authorized landing place and authorizedpoint of entry mean respectively an airport, a landing place or apoint of entry declared as such under subsection 5(1); captain means any person having for the time being controlor charge of an aircraft; Certificate means any Certificate of Status issued under anyregulations made under this Act.

6 Crew includes every seaman on a vessel, and every personemployed in the operation of an aircraft or in any service renderedto the crew or passengers of the aircraft while in flight; Director General means the Director General of Immigrationappointed under section 3;8 laws of MalaysiaACT 155 entry means (a)in the case of a person arriving by sea, disembarking inMalaysia from the vessel in which he arrives;(b)in the case of a person arriving by air at an authorizedairport, leaving the precincts of the airport;(c)in the case of a person entering by land and proceedingto an immigration control post in accordance with section26, leaving the precincts of the post for any purposeother than that of departing from MALAYSIA by an approvedroute; and(d)in any other case, any entry into MALAYSIA by land, seaor air:Provided that it shall not include in any case an entry made forthe purpose of complying with this Act or an entry expressly orimpliedly sanctioned by an immigration officer for the purpose ofany enquiry or detention under this Act; Entry Permit means a Permit to enter and remain in Malaysiaissued under section 10.

7 Immigration control post means a post established as such bythe Director General at a place declared to be an immigrationcontrol post under subsection 5(1); immigration depot means any place designated by the DirectorGeneral under section 51A; immigration officer means any person appointed undersection 3; immigration signal means such signal as may be prescribedfor 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 underthis Act entitling the holder thereof to enter and remain temporarilyin MALAYSIA ; passenger means any person carried in a vessel or aircraft,other than the members of the crew;Immigration9 Permit includes an Entry Permit; Port Officer includes a Harbour Master appointed under theMerchant Shipping Ordinance [ Ord.]

8 70 of 1952, Sabah of 1960, Sarawak Ord. 2 of 1960] and any person lawfullyacting for him; prescribed means prescribed by regulations made underthis Act; prohibited immigrant means a person declared to be a prohibitedimmigrant under section 8; seaman includes the master and any person carried in a vesselas a bona fide member of the staff employed in the operation orservice of the vessel and, if the vessel has articles, entered on thosearticles; senior immigration officer means any person appointed undersubsections 3(1) and (1A); senior police officer has the meaning assigned thereto in thePolice Act 1967 [Act 344]; stowaway means a person who goes to sea secreted in a vesselwithout the consent of the master or other person in charge of thevessel or of a person entitled to give the consent and includes aperson arriving in MALAYSIA on board any aircraft who is on boardwithout the consent of the captain or of a person entitled to givethe consent; through passenger means any passenger who arrives in Malaysiaby a vessel or aircraft and who is continuing his journey in thesame vessel or aircraft to a place outside MALAYSIA .

9 Transportation company means any government, municipality,body corporate, or organisation, firm or person carrying or providingfor the transit of passengers, whether by vessel, aircraft, railway,highway or otherwise, and includes any two or more suchtransportation companies co-operating in the business of carryingpassengers; vehicle means a structure capable of moving or being movedor used for the conveyance of any person or thing and whichmaintains contact with the ground when in motion; vessel includes any ship or boat or other description of floatingcraft used in navigation, and includes any tackle, equipment, book,document, goods, cargo or things carried therein or of MalaysiaACT 155(2) For the purposes of this Act a person travelling between twoplaces in MALAYSIA without entering any territory outside Malaysiashall not be treated as leaving, entering or arriving in Malaysiabecause in so doing he passes out of and returns into MALAYSIA .

10 (3) Any reference in this Act to a person unlawfully enteringor re-entering MALAYSIA or unlawfully remaining in MALAYSIA shallinclude any act of entering or re-entering or remaining in Malaysiawhich is in contravention of any provision of this Act or anysubsidiary legislation made under this and powers of Director General and others3.(1) The Yang di-Pertuan Agong may appoint a Director Generalof Immigration and one or more Deputy Directors General ofImmigration for the purpose of this Act.(1A)The Minister may appoint so many Directors of Immigrationand other senior immigration officers, of or above the rank ofDeputy Assistant Director of Immigration, as he may considernecessary for the proper carrying out of this Act.