(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.

(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) (Deleted by Act 27 of 1963).

(3) Any person who contravenes subsection (1) shall be guilty of an offence and 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.

(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.

(1)

(a) A citizen shall be entitled to enter Malaysia without having obtained a Permit or Pass in that behalf under this Act.

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

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

(3) The burden of proof that any person is a citizen shall lie upon that person.

(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) (Deleted by Act 27 of 1963).

(2) Subject to any exemption granted under section 55-

(a) no prohibited immigrant who is a member of prohibited class defined in paragraph (3)(o) shall enter Malaysia or, where he becomes a member of such prohibited class after he has entered Malaysia, remain 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 subsection 39A(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 prostitutes 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, either of specific individuals or officers generally, of any Government in Malaysia or of any established government, because of his or their official character, or advocating or teaching the unlawful destruction of property;

(k) any person who, in consequence of information received from any source deemed by the Minister* 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 paragraph 9(1)(a), or whose Pass or Permit has been cancelled under paragraph 9(1)(b) or 9(1)(c) respectively, or to whom such cancellation applies under subsection 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 paragraph (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 Minister**, 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.

(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.

(2) Every order made under paragraph (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 paragraph (1)(b) or a Permit under paragraph (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 paragraph (1)(b) or a Permit is cancelled under paragraph (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 paragraph (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 paragraph (1)(b) or a Permit is cancelled under paragraph (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 subsection 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 paragraph (1)(a), or the holder of any Pass or Permit cancelled under paragraph (1)(b) or (c) respectively, who is dissatisfied with the cancellation, or any person as is referred to under paragraph (6)(a), (b) or (c) 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 Gazette under 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 paragraph (1)(a), or the cancellation of the Pass or Permit under paragraph (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 before its determination, he may be permitted to enter or re-enter Malaysia if his appeal is allowed and the order under paragraph (1)(a) is revoked, or the Pass or Permit is restored to him, as the case may be.

(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 subsection 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.