Immigration Act 1959/63 [Act 155]

57 General penalty   cite [+]

Any person guilty of an offence against this Act for which no special penalty is provided 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.

58 Trial of offences   cite [+]

(1) All offences against this Act shall be cognizable-

(a) in Peninsular Malaysia, by a Sessions Court and by a Court of a First Class Magistrate; and

(b) in Sabah and Sarawak, by a Court of a First Class Magistrate.


(2) No prosecution shall be instituted in respect of any offence against this Act without the sanction in writing of the Public Prosecutor:

Provided that nothing herein shall prevent any police officer or immigration officer from exercising his powers to arrest or detain any person under this Act.

(3) In Peninsular Malaysia any Sessions Court or Court of a First Class Magistrate and in Sabah and Sarawak any Court of First Class Magistrate* may notwithstanding anything in the Subordinate Courts Act 1948 [Act 92], the Sabah Criminal Procedure Code [Sabah 4/1959]** or the Sarawak Criminal Procedure Code [Sarawak Cap.58]**, as the case may be, impose the full punishment prescribed for any offence except that the Court of a Magistrate of the First Class in Peninsular Malaysia and the Court of a Magistrate other than a Stipendiary Magistrate*** in Sabah and Sarawak shall not impose a sentence of imprisonment for a term exceeding the term of imprisonment that a Magistrate of the First Class may impose under the Subordinate Courts Act 1948.
*NOTE-In relation to Sabah or Sarawak , a reference to the Court of a Magistrate of the First Class shall be substituted a reference to a Sessions Court-see paragraph 111(a) of Subordinate Courts Act 1948 [Act 92].

**NOTE-The Sabah Criminal Procedure Code [Sabah 4/1959] and Sarawak Criminal Procedure Code [Sarawak Cap. 58] have been repealed by Act A324-see section 4 of the Act.

***NOTE-In relation to Sabah or Sarawak, a reference to a Stipendiary Magistrate shall be substituted a reference to a Sessions Court Judge-see paragraph 111(c) of Subordinate Courts Act 1948 [Act 92].

58A Power to compound   cite [+]

(1) Any person prescribed by regulations made under this Act, may, with the consent of the Public Prosecutor, compound any such offence as may be prescribed to be a compoundable offence by regulations made under this Act, by accepting from the person reasonably suspected of having committed the offence a sum of money within such time as may be specified in his written offer.

(2) An offer under subsection (1) may be made at any time after the offence has been committed, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the prescribed person in subsection (1) may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(3) Where the offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made.

(4) Any money paid to the prescribed person pursuant to subsection (1) shall be paid into and form part of the Federal Consolidated Fund.

59 Exclusion of right to be heard   cite [+]

No person and no member of a class of persons shall be given an opportunity of being heard before the Minister or the Director General, or in the case of an East Malaysian State, the State Authority, makes any order against him in respect of any matter under this Act or any subsidiary legislation made under this Act.

59A Exclusion of judicial review   cite [+]

(1) There shall be no judicial review in any court of any act done or any decision made by the Minister or the Director General, or in the case of an East Malaysian State, the State Authority, under this Act except in regard to any question relating to compliance with any procedural requirement of this Act or the regulations governing that act or decision.

(2) In this section, "judicial review" includes proceedings instituted by way of-

(a) an application for any of the prerogative orders of mandamus, prohibition and certiorari;

(b) an application for a declaration or an injunction;

(c) any writ of habeas corpus; or

(d) any other suit or action relating to or arising out of any act done or any decision made in pursuance of any power conferred upon the Minister or the Director General, or in the case of an East Malaysian State, the State Authority, by any provisions of this Act.

59B Definitions of "Director General" and "order" in sections 59 and 59A   cite [+]

In sections 59 and 59A-

(a) "Director General" includes any immigration officer exercising and discharging the powers and duties vested in the Director General; and

(b) "order" includes any decision, any direction, and any act of cancellation of any Pass, Permit or Certificate.

59C Reward   cite [+]

The Director General may order such reward as he thinks fit to be paid to any person for any service rendered in connection with the detection and prosecution of an offence under this Act.

60 Repeal and saving   cite [+]

The Federation of Malaya Immigration Ordinance 1952 [Ord. 68 of 1952], and, subject to section 74, the Sabah Immigration Ordinance 1962 [Ord. 1 of 1962], and the Sarawak Immigration Ordinance [Cap. 15] are repealed:

Provided that-

(a) any person in Malaysia whose presence is unlawful under the Ordinances hereby repealed shall be deemed to be unlawfully in Malaysia for the purposes of this Act;

(b) any person in Malaysia who is authorized to remain temporarily within Malaysia under any written law in force immediately prior to the coming into force of this Act shall be deemed to be the holder of a Pass issued under this Act to enter and remain temporarily within Malaysia for the period for which he is authorized to remain in Malaysia under the provisions of that law; and

(c) any authority to enter Malaysia granted under any law in force immediately before the coming into operation of this Act and valid at that date shall be deemed to be a valid Permit or Pass, as the case may require, issued under this Act but subject to any limitations imposed by that law.

61 ............................   cite [+]

Section 61 deleted by Act 27 of 1963.


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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