Immigration Act 1959/63 [Act 155]

Part I   cite [+]

PRELIMINARY

1 Short title and application   cite [+]

(1) This Act may be cited as the Immigration Act 1959/63.

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

2 Interpretation   cite [+]

(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 subsection 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 subsection 5(1);

"immigration depot" means any place designated by the Director General under section 51A;

"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 [F.M. Ord. 70 of 1952, Sabah Ord. 11 of 1960, Sarawak Ord. 2 of 1960] 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;

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

"senior police officer" has the meaning assigned thereto in the Police Act 1967 [Act 344];

"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 re-entering 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   cite [+]

(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, of or above the rank of Deputy Assistant Director of Immigration, 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 have 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; and

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

4 Power of Minister to issue directions   cite [+]

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 directions.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

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