38 Performance of duties of immigration officers cite [+]
(1) Immigration officers shall perform the duties imposed on them by this Act, and shall also perform such duties as are required of them by the Director General, either directly or through any other officer; and no action taken by any such officer under or for any purpose of this Act shall be deemed to be invalid or unauthorized by reason only that it was not taken by the officer specially appointed or detailed for the purpose.
(2) Every immigration officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
39 Authority of immigration officer to arrest and prosecute cite [+]
(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.
(2) (Deleted by Act A1154/2002).
39A Immigration officer's powers to make inquiries, etc. cite [+]
(1) An immigration officer may, where-
(a) any person desires to enter Malaysia;
(b) any person applies for a Pass, Permit, or Certificate, regardless whether he is within or outside Malaysia;
(c) he considers it necessary in order to ascertain whether the holder of a Pass, Permit, or Certificate is a prohibited immigrant or that any material statement made in connection with his application for a Pass, Permit, or Certificate, was false or misleading;
(d) he considers it necessary to do so in order to ascertain whether the presence of any person in Malaysia is lawful; or
(e) he considers it necessary to do so for the purpose of otherwise exercising any of his powers, or discharging any of his duties, or carrying out any of his functions, under this Act in relation to any person,
make all such inquiries or require the production of all such documents or other evidence as the immigration officer may consider necessary and also require such person to present himself for the purpose of enabling the immigration officer to make inquiries from him, or requiring him to submit to an examination by a Government Medical Officer.
(2) Where any person, without reasonable excuse, refuses or fails to comply with any requirement of an immigration officer under subsection (1), or refuses to answer any question that may be lawfully put to him by an immigration officer in exercise of his powers under subsection (1), he shall be guilty of an offence against this Act.
(3) Where in pursuance of any inquiry by, or any requirement of, an immigration officer under subsection (1) any statement is made by any person, whether or not in answer to a question by an immigration officer, or any document is produced by any person, or any certificate is issued by a Government Medical Officer, such statement, document or certificate shall be admissible in evidence in any proceedings in court under this Act against the person who made the statement or produced the document, or against the person in respect of whom the certificate was issued, or against any other person.
(4) Subsection (1) shall be in addition to, and not in derogation of, any other provision of this Act conferring any power on an immigration officer.
40 Power to summon witnesses, etc. cite [+]
(1) The Director General may for the purpose of-
(a) any investigation into any offence under this Act;
(b) any inquiry under this Act;
(c) the enforcement of any provision of this Act; or
(d) otherwise exercising any power, discharging any duty, or carrying out any function, under this Act,
summon and examine witnesses on oath or affirmation, and may require the production of any relevant documents.
(2) Any person summoned as a witness under subsection (1) who without reasonable excuse fails to attend at the time and place mentioned in the summons, or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document which it is in his power to produce, shall be guilty of an offence against this Act.
(3) Any statement made, or any document produced, by a witness under subsection (1) shall be admissible in evidence in any proceedings in court under this Act against the witness or against any other person.
40A Admissibility of deposition of person who cannot be found cite [+]
(1) Notwithstanding anything contained in this Act and any written law to the contrary, where in any proceeding for any offence under this Act a testimony of any person in respect of whom an order for removal from Malaysia has been made by the Director General under sections 32, 33 and subsection 56(2) is required by the court, there shall be admissible in evidence before that court any deposition relating to the subject matter of that proceeding made by that person-
(a) in Malaysia before a Sessions Court Judge or a Magistrate in the presence or absence of the person charged with the offence; or
(b) outside Malaysia before a consular officer or a judicial officer of a foreign country in the presence or absence of the person charged with the offence,
and any such deposition shall, without further proof, be admitted as prima facie evidence of any fact stated in the deposition.
(2) It shall not be necessary for any party in any proceeding to prove the signature or official character of the Sessions Court Judge, Magistrate, consular officer or judicial officer before whom the deposition under subsection (1) was made.
(3) For the purposes of this section, a reference to-
(a) a "deposition" includes any written statement made upon oath; and
(b) an "oath" includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swear.
(4) Nothing in this section shall prejudice the admission as evidence of any other depositions.
41 Duty of police officers to execute orders cite [+]
All police officers shall, when so requested by a senior immigration officer, receive and execute according to the tenor thereof any written order of the Director General, and any warrant of the Director General for the arrest, detention or removal of any person made under this Act.
42 Restriction of discharge of member of crew cite [+]
(1) When any seaman is about to be, or is discharged or paid off in Malaysia, the master, owner, charterer or agent shall so notify the Director General.
(2) No member of a crew who has been discharged or paid off shall be left in Malaysia unless either-
(a) he is a citizen; or
(b) he is in possession of a valid Permit or Pass.
(3) Where there has been any contravention of subsection (2), the master, captain, owner, charterer, agent or consignee of the vessel or aircraft in which the person concerned was employed shall be liable for the maintenance of that person and for the cost of his repatriation to his place of birth or citizenship or, if the master, captain, owner, charterer, agent or consignee so elects, to such other place as may be approved by the Director General.
43 Signing on or bringing as one of the crew any person with intent to land contrary to this Act cite [+]
Any transportation company and any person, including the master or captain and the owner of a vessel or aircraft arriving in Malaysia, who has signed on the ship's articles or brought to Malaysia as a member of the crew of the vessel or aircraft any person with intent to permit the person to enter Malaysia contrary to this Act, or who represents to an immigration officer that any such person is a bona fide member of the crew of the vessel or aircraft, shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine, in respect of each such person, not exceeding five thousand and not less than one thousand ringgit.
44 Security to prevent unlawful landing cite [+]
(1) An immigration officer may demand security, whether by deposit or otherwise, from the master, captain, owner, charterer or agent or consignee of any vessel or aircraft from which he has reasonable grounds to believe that any person is about to disembark in or enter Malaysia in contravention of this Act, and may refuse to release the vessel or aircraft from examination until the security is furnished.
(2) The Director General may, if satisfied that any person has disembarked in or entered Malaysia from any vessel or aircraft, in respect of which security has been furnished under subsection (1), in contravention of this Act, direct the forfeiture of the security or any part thereof:
Provided that the Director General shall not direct the forfeiture of any security under this subsection if he is satisfied that the master, captain, owner, charterer, agent or consignee took every reasonable precaution to prevent any person from so disembarking in or entering Malaysia.
(3) Where an immigration officer in lieu of requiring a deposit under subsection (1) requires security by a bond with or without sureties then the bond shall be in the prescribed form.
45 Reports as to persons failing to continue their journey cite [+]
(1) Where any through passenger on or member of the crew of any vessel or aircraft fails to continue his journey in that vessel or aircraft in circumstances from which it may reasonably be inferred that the passenger or member of the crew has remained in Malaysia, the master of the vessel or the captain of the aircraft, as the case may be, shall notify an immigration officer or a senior police officer of the failure of the passenger or member of the crew to continue his journey.
(2) Any master or captain who fails to comply with subsection (1) shall be guilty of an offence against this Act.