(1) Any person residing in Malaysia who-
(a) is not a citizen;
(b) is by reason of destitution, infirmity or mental incapacity, unable to obtain employment or to support himself and his family (if any);
(c) is unable to pay the cost of his passage and of the passages of his family (if any) to the country of his birth or citizenship; and
(d) is or is likely to become a charge upon the public or on a charitable institution,
may apply to the Director General for the repatriation of himself and his family (if any) at the cost of the Government.
(2) Upon any such application, if the Director General is satisfied, after such inquiry as he deems necessary, that the person has or is about to become a charge on the public or on a charitable institution and is unable to pay the cost of the repatriation of himself and his family, if any, and that no government, organisation, company or person is liable or willing to pay the cost of repatriation, the Director General may authorize the payment of the cost subject to the condition specified in subsection (3).
(3) Any person repatriated at the cost of the Government shall enter into an undertaking, in such form as may be prescribed, that he will not return to Malaysia without the sanction in writing of the Director General. Any such sanction shall be conditional upon the person refunding to the Director General all costs and charges incurred in the repatriation of that person and his family, if any, and shall be subject to such other conditions as the Director General may deem expedient.
(4) Any person who has been repatriated at the cost of the Government under this section who enters or attempts to enter Malaysia without the sanction of the Director General under subsection (3), or who having entered Malaysia with such sanction, fails or neglects to comply with any condition upon which the sanction was given, shall be guilty of an offence against this Act.
47 Masters, captains, owners, etc., liable for expenses cite [+]
If any person-
(a) enters Malaysia from any vessel or aircraft contrary to this Act; or
(b) disembarks from any vessel or aircraft on which he has been re-embarked or to which he has been returned under section 19, 20 or 24,
the master or captain and the owner, charterer and agent thereof shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of that person and his removal from Malaysia and such expenses shall be recoverable as a debt due to Government from the master or captain and the owner, charterer and agent of the vessel or aircraft jointly and severally.
48 Obligation to afford free passage cite [+]
(1) Where a person has been ordered to be removed under this Act and such person was brought to Malaysia in a vessel or an aircraft, the master, captain, owner, charterer or agent of the vessel or aircraft, as the case may be, shall, if required in writing by the Director General, afford that person free of charge a passage on any vessel or aircraft to the port or place at which he embarked and proper accommodation and maintenance during the voyage or flight:
Provided that no such master, captain, owner, charterer or agent shall be liable as aforesaid unless the order of removal has been made by the Director General within twelve months from the date upon which the person entered Malaysia.
(2) The master, captain, owner, charterer or agent of any vessel or aircraft, as the case may be, who fails to comply with this section shall be guilty of an offence against this Act.
(3) The Director General may exempt in writing the master, captain, owner, charterer or agent of any vessel or aircraft, as the case may be, from the obligations under subsection (1).
48A Liability for removal cite [+]
(1) A person-
(a) who is involved, directly or indirectly, in conveying to Malaysia in or on any vehicle, vessel or aircraft any person contrary to this Act;
(b) who employs any person, other than a citizen or a holder of an Entry Permit, who is not in possession of a valid Pass; or
(c) who harbours any person whom he knows or has reasonable grounds for believing to have acted in contravention of this Act,
shall be liable for the expenses of removing that person from Malaysia and for reimbursing the Government the expenses incurred in respect of the detention and maintenance of that person.
(2) Where the Government has incurred expenses in detaining and maintaining or in removing any person ordered to be removed under this Act, such expenses shall be recoverable as a debt due to the Government from the persons named in subsection (1).
49 Power to detain vessel cite [+]
(1) The Director General may by writing under his hand authorize any Port Officer to detain any vessel in connection with which an offence against this Act is reasonably believed to have been or to be about to be committed, and the vessel may then be detained either at the place where it is found or at any place to which the Director General may order it to be brought. The Director General shall give notice to the master or owner or charterer or agent of the vessel of the detention of the vessel.
(2) For the purposes of the detention and other lawful dealing with the vessel the Port Officer shall have power to muster the crew and may, if he considers it necessary so to do, place a police guard on board.
(3) The detention shall be for safe custody only, and shall cease if a bond with two sufficient sureties to the satisfaction of the Director General be given by the master, owner, charterer or agent of the vessel for the payment of any fine, costs and charges incurred under this Act in respect of any offence or default thereunder.
(4) If default is made in the payment of any such fine, costs or charges the Port Officer may seize the vessel and the vessel shall be declared forfeited to the Government by order of a court upon the application of the Attorney General. Any vessel so forfeited shall be sold.
(5) The proceeds of sale of a vessel under this section shall be applied first in payment of any fine, costs or charges incurred under this Act and of any costs incurred in and about the sale and the proceedings leading thereto and the balance shall be paid to the owner of or other person lawfully entitled to the vessel before forfeiture and sale.
49A Power to seize, detain and forfeit vessels, vehicles or aircraft cite [+]
(1) Any vessel, vehicle or aircraft which is used or in respect of which there is reasonable cause to suspect that it has been or that it is about to be used in the commission of any offence against this Act may be seized and detained by the Director General or any senior immigration officer, authorized in that behalf by the Director General in writing under his hand, at any place either on land or in the territorial waters of Malaysia.
(2) The seizing officer shall forthwith give notice in writing of the seizure and the grounds thereof to the owner, charterer or agent of the vessel, vehicle or aircraft so seized or detained, either by delivering the notice to him in person or by post at his place of office or abode, if known:
Provided that no notice shall be required to be given where the seizure or detention is made in the presence of or with the knowledge of the offender or the owner or his agent, as the case may be.
(3) Any vessel, vehicle or aircraft liable to seizure or detention under subsection (1) shall be liable to forfeiture.
(4) An order for the forfeiture or for the release of any vessel, vehicle or aircraft liable to forfeiture under this section shall be made by the court before which the prosecution with regard thereto has been held.
(5) An order for the forfeiture of any vessel, vehicle or aircraft shall be made if it is proved to the satisfaction of the court that an offence against this Act has been committed and that the vessel, vehicle or aircraft was used in the commission of the offence, notwithstanding that no person may have been convicted of the offence.
(6) The Director General may sell any vessel, vehicle or aircraft forfeited under this section. The proceeds of the sale shall, after payment of the expenses of the sale, be applied in payment of any fine, costs, or charge incurred under this Act and any balance remaining shall be paid into the Consolidated Fund.
50 Powers of interrogation cite [+]
(1) Without prejudice to the powers of an immigration officer under section 39A, any person reasonably believed to be a person liable to removal from Malaysia under this Act may be questioned by an immigration officer, and the person shall fully and truthfully answer all questions and enquiries put to him by the immigration officer tending directly or indirectly to establish his identity, nationality, occupation or details of the mode or means of travel or bearing on any of the restrictions contained in this Act, and shall disclose and produce to the officer on demand all documents in his possession relating to the matters.
(2) All such answers and documents shall be admissible in evidence in any proceedings under this Act against the person making or producing the same:
Provided that nothing in this section shall be construed as rendering any such answer inadmissible in any other proceedings in which they would otherwise be admissible.
51 Powers of search and arrest cite [+]
(a) Any senior immigration officer;
(b) any senior police officer;
(c) any other police officer generally or specially authorized in that behalf by the Director General; and
(d) any officer of the Customs Department acting under the instructions of a senior immigration officer,
may without a warrant and with or without assistance-
(i) enter and search any premises; or
(ii) stop and search any vessel, vehicle or person, or search any aircraft, whether in a public place or not,
if he has reason to believe that any evidence of the commission of an offence against this Act is likely to be found on such premises or person or in such vessel, vehicle or aircraft, and may seize any evidence so found.
(2) No woman shall be searched under this section except by a woman.
(a) Any police officer, immigration officer or Customs Officer may arrest without warrant any person who he reasonably believes has committed an offence against this Act.
(b) The powers of arrest under paragraph (a) may-
(i) in the case of *Peninsular Malaysia, be conferred by the Minister, after consultation with the Government of the State concerned, in areas to be notified in the State Gazette, on a Penghulu or Penggawa;
(iii) in the case of Sabah, be conferred by the Director General, with the approval of a Resident, in areas to be notified in the State Gazette, on any native officer within the meaning of the **Criminal Procedure Code of Sabah [Ord. 4 of 1959];
(iii) in the case of Sarawak, be conferred by the Director General, with the approval of a Resident, in areas to be notified in the State Gazette, on any Tua Kampong, Tuai Rumah or any Native or Chinese Headman.
(4) Where any person who is a citizen is arrested pursuant to subsection (3) by an immigration officer or by an officer of the Customs Department or by a person authorized under paragraph (3)(b), the person making the arrest shall comply with section 28 of the Criminal Procedure Code [Act 593] as if he were a police officer.
(5) Notwithstanding anything contained in this Act or in any subsidiary legislation made under this Act-
(a) where any person who is a citizen is arrested or detained under this Act otherwise than for an offence against this Act, and has not been earlier released, he shall without unreasonable delay, and in any case within twenty-four hours (excluding the time for any necessary journey), be produced before a Magistrate and shall not be further detained in custody without the Magistrate's authority; and
(b) where any person other than a citizen is arrested or detained under this Act, whether for an offence against this Act or otherwise than for such offence, and has not been earlier released, or charged in court for an offence against this Act or removed from Malaysia under this Act, he shall, within fourteen days of his arrest or detention, be produced before a Magistrate who shall make an order for his detention for such period as may be required by an immigration officer or a police officer for the purpose of investigations into an offence against this Act, or by an immigration officer for the purpose of either making inquiries, or effecting his removal from Malaysia, under this Act,
and any provision of this Act or any subsidiary legislation made under this Act providing for the arrest or detention, otherwise than for an offence, of a person who is a citizen, or for the arrest or detention of a person other than a citizen, whether for an offence against this Act or otherwise than for such offence, shall be read as being subject to the provisions of paragraph (a) or (b), as may be applicable:
Provided that the Magistrate before whom such person is produced under paragraph (a) or (b), as the case may be, shall not authorize or order the detention of such person for a period in excess of the maximum period which may be specified in the provision under which he is to be detained.
(6) Paragraph 5(b) shall have effect notwithstanding anything inconsistent therewith or contrary thereto in the Criminal Procedure Code.
*NOTE- Throughout the Act, references to Peninsular Malaysia shall be construed as including references to the Federal Territory of Kuala Lumpur and the Federal Territory of Labuan-see P.U. (A) 160/1984.
**NOTE-The Criminal Procedure Code of Sabah [Ord. 4 of 1959] has been repealed by the Criminal Procedure Code (Amendments and Extension) Act 1976 [Act A324]-see paragraph 4(b) of Act A324.
51A Immigration depot cite [+]
The Director General may designate any place as an immigration depot for the examination, inspection, investigation or detention of persons under this Act.
51B Custody deemed lawful cite [+]
(a) who is being taken to or from an immigration depot; or
(b) who is being detained at an immigration depot,
shall be deemed to be in lawful custody.