Immigration Act 1959/63 [Act 155]

52 Registration of particulars for purposes of identification   cite [+]

The provisions of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7], relating to persons ordered to be expelled from Malaysia shall apply to persons ordered to be removed from Malaysia under this Act and for the purpose of so applying that Act an immigration officer shall be deemed to be a police officer.

53 Counterfoils, etc., to be prima facie evidence   cite [+]

In any proceedings under this Act or at the hearing of any charge for an offence against this Act any counterfoil or counterpart of any Permit, Pass, Internal Travel Document, Certificate or other document issued under this Act and purporting to be signed by a senior immigration officer may be produced in evidence without further proof and shall be prima facie evidence of the facts therein stated and shall unless the contrary be proved be presumed to be a true statement of the relevant contents of the Permit, Pass, Internal Travel Document, Certificate or other document to which it relates.

54 Regulations   cite [+]

(1) The Minister may make regulations for all or any of the following purposes:

(a) prescribing anything which is to be or may be prescribed under this Act;

(b) prescribing the forms to be used for the purposes of this Act;

(c) prescribing-

(i) the period for which Permits shall be valid;

(ii) the terms and conditions subject to which any person may be granted a Permit and the authority who may issue Permits;

(iii) the terms and conditions subject to which any person may be granted a Pass entitling him to enter and remain temporarily within Malaysia, the period for which any such Pass may be granted, the classes of Passes and the authority who may issue the Passes; and

(iv) the terms and conditions subject to which any person may be granted a Certificate of Status entitling him to enter Malaysia, the period for which such Certificate may be granted and the authority who may issue the Certificates;

(d) providing for the payment and recovery of any expenses incurred by the Government in connection with the detention, maintenance, medical treatment and removal from Malaysia of any person under this Act;

(e) prescribing the place where, the person to whom and the manner in which application to enter Malaysia shall be made;

(f) prescribing the procedure to be followed by persons entering Malaysia;

(g) prescribing the procedure to be followed by authorities in the exercise of their functions under this Act;

(h) governing the procedure to be followed and the fees and costs to be paid on any appeal;

(i) prescribing the deposit or security to be made or given by or in respect of any person granted an Entry Permit or Pass and the conditions subject to which the deposit or security may be forfeited;

(j) prescribing the fees to be charged upon the issue of any Entry Permit, Certificate or Pass;

(k) prescribing the offences under this Act and any regulations, orders, or other subsidiary legislation made under this Act, which may be compounded, the persons who may compound, the limit of the sum of the money to be collected for compounding such offences which shall not exceed thirty per centum of the maximum fine provided for the offence, the procedure to be complied with and the forms to be used in respect of such compounding, and otherwise, as may be necessary, desirable or expedient in relation to such compounding;

(ka) governing the administration and management of immigration depots; and

(l) generally for the better carrying into effect of this Act.


(2) All regulations made under this section shall be published in the Gazette and shall be laid before the Dewan Rakyat as soon as possible after such publication. If a resolution of the Dewan Rakyat is passed within the next subsequent three months after any such regulation is laid before it disapproving the regulation or any part thereof, the whole regulation or such part thereof, as the case may be, shall thenceforth cease to have effect but without prejudice to the validity of anything previously done thereunder.

55 Power to exempt   cite [+]

(1) Notwithstanding anything contained in this Act, the Minister may by order exempt any person or class of persons, either absolutely or conditionally, from all or any of the provisions of this Act and may in any such order provide for any presumptions necessary in order to give effect thereto.

(2) Every order made under this section which relates to a class of persons shall be published in the Gazette.

55A Conveying a person to Malaysia contrary to this Act   cite [+]

(1) Any person involved, directly or indirectly, in conveying to Malaysia in or on any vehicle, vessel or aircraft any person contrary to this Act shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit and to imprisonment for a term of not less than two years but not more than five years and shall also be liable to whipping of not more than six strokes.

(2) Where the offence under subsection (1) has been committed by a body corporate, the body corporate shall be guilty of that offence and shall, on conviction, be liable to a fine of not less than thirty thousand ringgit but not more than one hundred thousand ringgit.

(3) Where the offence under subsection (1) has been committed by a body corporate, any person who at the time of the commission of the offence was a member of the board of directors, a manager, a secretary or a person holding an office or a position similar to that of a manager or secretary of the body corporate shall be guilty of that offence and shall, on conviction, be liable to a fine of not less than thirty thousand ringgit but not more than one hundred thousand ringgit and to imprisonment for a term of not less than two years but not more than ten years and shall also be liable to whipping of not more than six strokes.

(4) Notwithstanding subsection (1), where the offence under subsection (1) has been committed by a person who has been proved to the satisfaction of the court to have acted jointly with one or more persons in the commission of the offence under subsection (1), that person shall, on conviction, be liable to a fine of not less than thirty thousand ringgit but not more than one hundred thousand ringgit and to imprisonment for a term of not less than two years but not more than ten years and shall also be punished with whipping of not more than six strokes.

55B Employing a person who is not in possession of a valid Pass   cite [+]

(1) Any person who employs one or more persons, other than a citizen or a holder of an Entry Permit who is not in possession of a valid Pass shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each such employee.

(2) A Pass lawfully issued to any person shall cease to be a valid Pass when any of its terms and conditions is contravened.

(3) Where, in the case of an offence under subsection (1), it is proved to the satisfaction of the court that the person has at the same time employed more than five such employees that person shall, on conviction be liable to imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes.

(4) For the purposes of this section a person performing any act normally performed by an employee in a place of employment whether or not for payment shall be presumed, unless the contrary is proved, to have been employed.

(5) Where the offence under subsection (1) has been committed by a body corporate, any person who at the time of the commission of the offence was a member of the board of directors, a manager, a secretary or a person holding an office or a position similar to that of a manager or secretary of the body corporate shall be guilty of that offence and shall be liable to the same punishment to which the body corporate is liable under subsection (1) or (3).

55C Defence   cite [+]

It shall be a defence for any person prosecuted pursuant to subsection 55A(3), 55B(5) or 55E(6) if he proves-

(a) that the offence was committed without his knowledge or connivance; or

(b) that he-

(i) took all reasonable precaution; and

(ii) exercised all due diligence,


to prevent the commission of the offence as he ought to have taken and exercised having regard to the nature of his functions in that capacity and to all the circumstances.

55D Forgery or alteration of endorsement or document   cite [+]

Any person who makes, forges or alters an endorsement or a document to be used as a visa, Permit, Pass or Certificate under this Act shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine of not less than thirty thousand ringgit but not more than one hundred thousand ringgit and to imprisonment for a term of not less than five years but not more than ten years and shall also be punished with whipping of not more than six strokes.

55E Occupier not to permit illegal immigrant to enter or remain at premises   cite [+]

(1) No occupier shall permit any illegal immigrant to enter or remain at any premises.

(2) An occupier who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each illegal immigrant found at the premises and, in the case of a second or subsequent conviction, to a fine of not less than ten thousand ringgit and not more than sixty thousand ringgit or to imprisonment for a term not exceeding two years or to both for each illegal immigrant found at the premises.

(3) For the purposes of this section, it shall be presumed, unless the contrary is proved, that an occupier in the case where an illegal immigrant is found at the premises-

(a) had permitted the illegal immigrant to enter or remain at the premises; and

(b) had knowledge that he is an illegal immigrant.


(4) The presumptions in subsection (3) shall not be rebutted unless the occupier proves that he has taken all reasonable measures, including all prescribed measures, to prevent any illegal immigrant from entering or remaining at the premises.

(5) For the purpose of subsection (4), the Minister may by regulations prescribe the measures that are required to be taken by an occupier.

(6) Where the offence under subsection (1) has been committed by a body corporate, any person who at the time of the, commission of the offence was a member of the board of directors, a manager, a secretary or a person holding an office or a position similar to that of manager or secretary of the body corporate shall be guilty of that offence and shall on conviction be liable to the same punishment to which the body corporate is liable under subsection (2).

(7) In this section, unless the context otherwise requires-

"illegal immigrant' means a person, other than a citizen, who contravenes section 5, 6, 8, 9 or 15 of this Act or regulation 39 of the Immigration Regulations 1963 [F.L.N. 228/1963];

"occupier", in relation to any premises, means any person having the charge, management or control of the premises;

"premises" includes-

(a) any land, building or part of any building;

(b) any place whether open or enclosed;

(c) any vehicle, vessel or aircraft;

(d) any installation on land, offshore installation, or other installation whether on the bed of or floating on any water; and

(e) any structure movable or immovable.

56 Offences   cite [+]

(1) Any person who-

(a) (Deleted by Act A719);

(b) (Deleted by Act A719);

(c) (Deleted by Act 27 of 1963);

(d) harbours any person whom he knows or has reasonable grounds for believing to have acted in contravention of this Act, except section 55E;

(e) (Deleted by Act 27 of 1963);

(f) makes or causes to be made any false report, false statement or false representation in connection with any obligation imposed by this Act;

(g) resists or obstructs, actively or passively, any immigration officer in the execution of his duty;

(h) without lawful excuse hinders or obstructs any removal under this Act;

(i) gives, sells or parts with possession of any Entry Permit, Pass, Internal Travel Document or Certificate in order that it may be used in contravention of paragraph (j);

(j) uses any Entry Permit, Pass, Internal Travel Document or Certificate issued to any other person as if it had been lawfully issued to himself;

(k) obtains or attempts to obtain for himself or for any other person by making a false statement any Entry Permit, Pass, Internal Travel Document or Certificate; or

(l) uses or without lawful authority has in his possession any forged, unlawfully altered or irregular Entry Permit, Pass, Internal Travel Document or Certificate or other document issued under this Act, or any Permit, Pass, Internal Travel Document or Certificate or other document so issued on which any endorsement has been forged or unlawfully altered,


shall be guilty of an offence and shall, on conviction-

(aa) except for an offence under paragraph (d), be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years;

(bb) in the case of an offence under paragraph (d), be liable to a fine of not less than ten thousand ringgit and not more than fifty thousand ringgit for each person harboured and where it is proved to the satisfaction of the court that the person has at the same time harboured more than five such persons that person shall be liable to imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes.


(1A) Any person who-

(a) attempts to commit any offence under this Act;

(b) does any act preparatory to or in furtherance of the commission of any offence under this Act; or

(c) abets or is engaged in a criminal conspiracy to commit (as those terms are defined in the Penal Code) any offence under this Act whether or not the offence is committed in consequence thereof,


shall be guilty of such offence and be liable to the punishment provided for such offence.

(1B) Any reference in this Act to an offence under any specific provision of this Act, includes an offence by virtue of subsection (1A) in relation to that specific provision, except that, no citizen, shall, in any case, be liable to removal from Malaysia in consequence of an offence under subsection (1A).

(2) Any person who is not a citizen unlawfully entering or reentering or attempting unlawfully to enter or re-enter Malaysia or unlawfully remaining in Malaysia shall whether or not any proceedings are taken against him in respect of the offence be liable to be removed from Malaysia by order of the Director General.

(3) Where the master of any vessel is charged with an offence against this Act, the clearance of the vessel may be refused until the charge has been heard and the fine imposed, if any, has been paid.

(4) Where in any proceedings under this Act it is proved that the defendant has failed to produce on demand by an immigration officer or a police officer-

(a) any valid Permit, Pass or Certificate issued to him under this Act;

(b) (Omitted);

(c) any other document accepted by the Director General as evidence that the defendant has entered or remained in Malaysia lawfully; or

(d) any other evidence showing to the satisfaction of the Director General that the defendant is exempted from subsection 6(1),


it shall be presumed, until the contrary is proved, that he has, as the case may be, entered or re-entered or remained in Malaysia unlawfully.


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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