Immigration Act 1959/63 [Act 155]

Part IV   cite [+]

PROCEDURE ON ARRIVAL IN MALAYSIA

16 Immigration signal   cite [+]

(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   cite [+]

(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   cite [+]

(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   cite [+]

(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 office 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   cite [+]

(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 subsection 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 reasonably 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 not 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 A719).

21 Prohibition of removal of articles before examination   cite [+]

(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   cite [+]

(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 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 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 form and containing 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 subparagraph (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 subparagraph (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 subparagraph (1)(a)(iii) or on the list produced under paragraph (2)(c) shall be conclusive proof that the vessel or aircraft did on arrival carry that number of crew.

23 ............................   cite [+]

Section 23 omitted.

23A ............................   cite [+]

Section 23A omitted.

24 Examination of persons arriving by sea or at authorized airport   cite [+]

(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 paragraph (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 such 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 instructions, 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.


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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