In this Part unless the context otherwise requires-

"East Malaysian State" means the State of Sabah or Sarawak, as the case may require, and "East Malaysian States" shall be construed accordingly;

"Director" means the Director of Immigration, Sabah, or the Director of Immigration, Sarawak, as the case may require;

"State Authority", for any purpose relating to an East Malaysian State, means the Chief Minister of the State or such person holding office in the State as the Chief Minister may designate for the purpose by notification in the State Gazette.

Parts II and III of the Delegation of Powers Act 1956 [Act 358], so far as relevant for the purposes of this Act, shall for those purposes extend to East Malaysia whether or not so extended for any other purpose.

(1) Without prejudice to the general operation of Parts I to VI (in East Malaysia as in Peninsular Malaysia), as a general law for Malaysia as a whole, those Parts shall also have effect, subject to and in accordance with this Chapter, as a special law for each of the East Malaysian States as if for any reference to Malaysia (except in a reference to a Government in Malaysia) there were substituted a reference to the East Malaysian State.

(2) Regulations under section 54 and orders under section 55 (exemptions), may make special provision as regards an East Malaysian State for the purposes of Parts I to VI as a special law for that State; and no such regulations shall be made or have effect so as to prejudice the powers conferred by this Chapter on the authorities of the State.

(3) There shall be a Director for each of the East Malaysian States who, subject to subsection 3(2) and section 4, shall have all such authority to exercise the powers and discretions vested in the Director General by Parts I to VI, and discharge the duties required to be discharged by him, as may be necessary for the purpose of giving effect to those Parts as a special law for the State.

(4) In the operation of Parts I to VI as a special law for an East Malaysian State, those Parts shall have effect subject to the following modifications:

(a) section 9A (which confers on the Director General a general power to limit entry into Malaysia) and section 46 (which relates to repatriation) shall not apply; and

(b) references to a Permit or Pass shall mean a Permit or Pass to enter the East Malaysian State.

(5) Notwithstanding anything in subsections (1) to (4), the powers and discretions vested in the Director by Parts I to VI, as a special law for an East Malaysian State shall not be exercised by him so as to exclude or remove from the East Malaysian State a person entitled to be in Malaysia outside the East Malaysian State, except with a view to making effective the powers conferred by this Chapter on the authorities of the State; and no such person shall in the exercise of those powers be required to leave and depart from Malaysia nor, without his consent, be removed from Malaysia.

(1) In exercising his powers under Parts I to VI as a special law for an East Malaysian State the Director shall comply with any directions given to him by the State authority, being directions-

(a) requiring him not to issue a Permit or Pass, or a specified description of Permit or Pass, to any specified person or class or persons, or to do so only for a specified period or on specified terms and conditions;

(b) restricting the making of endorsements on a Permit, Pass or Certificate; or

(c) requiring him to cancel any Permit, Pass or Certificate issued to a specified person, or to deem a specified person to be an undesirable immigrant, or to declare that a specified person's presence in the East Malaysian State is unlawful, or to order a specified person's removal from the State.

(2) Where the Director takes any action in obedience or purported obedience to any directions given under subsection (1), and there is an appeal to the Minister against that action, the Minister shall not allow the appeal without the concurrence of the State authority.

(3) An order under section 55 shall not have effect as a special law for an East Malaysian State, except so far as its provisions are by the same or a subsequent order applied to those purposes with the concurrence of the State Authority.

(1) Subject to subsection (2) and to sections 67 and 68, a citizen shall not be entitled to enter an East Malaysian State without having obtained a Permit or Pass in that behalf unless-

(a) he belongs to the East Malaysian State;

(b) he is a member of the Federal Government, or of the Executive Council or Legislative Assembly of the East Malaysian State (or of any Council having similar functions in the State);

(c) he is a judge of the Federal Court or of the High Court in Sabah and Sarawak, or is a person designated or nominated to act as such, or he is a member of any Commission or Council established by the Federal Constitution or by the Constitution of the East Malaysian State; or

(d) he is a member of any of the public services of the Federation, or of the public service of the East Malaysian State, or of a joint public service serving the East Malaysian State, or is seconded to any such service.

(2) Where a citizen is entitled to enter the East Malaysian State under subsection (1), the citizen's children under the age of eighteen years and (if he is a man) his wife, if entering the East Malaysian State with, or to be with, the citizen, shall not be required by subsection (1) to obtain a Permit or Pass in that behalf.

(3) Where a citizen is not entitled to enter an East Malaysian State under this section, Parts I to VI, in their operation as a special law for the East Malaysian State shall apply to him as if he were not a citizen:

Provided that a citizen arriving in Malaysia in the East Malaysian State or in the other of the East Malaysian States, and proceeding to a part of Malaysia which he is entitled to enter, shall be entitled to such Pass as is reasonably required to enable him to do so.

(4) The burden of proof that a person is entitled to enter the East Malaysian State under this section shall lie on him.

Subsection 66(1) shall not have effect in relation to a citizen entering the East Malaysian State for the sole purpose of engaging in legitimate political activity; but the burden of proof that a person is entitled to enter the East Malaysian State under this section shall lie on him.

(1) Subsection 66(1) shall not have effect in relation to any citizen whose entry into the East Malaysian State is temporarily required by the Federal Government in order to enable that Government to carry out its constitutional and administrative responsibilities.

(2) The Minister shall from time to time notify the Director of the persons or classes of persons whose entry into an East Malaysian State is required as aforesaid, and shall give him such particulars as are necessary to enable him to discharge his functions in relation to those persons; and in relation to an East Malaysian State subsection (1) shall not be taken to apply to any person unless he is a person, or belongs to a class of persons, so notified to the Director in relation to that State.

(3) The Minister shall not give any notification to the Director under subsection (2) except after consultation with the State Authority.

(1) The powers of the Director under Parts I to VI shall be so exercised as to allow the entry into an East Malaysian State of any person if his entry is required by the Government of the State for State purposes.

(2) The State Authority shall from time to time notify the Director of any person whose entry is required as aforesaid, giving such particulars as are necessary to enable the Director to discharge his functions in relation to that person; and subsection (1) shall not be taken to apply to any person unless he is a person so notified to the Director.

(3) The State Authority shall not give any notification to the Director under subsection (2) except after consultation with the Minister; and if the Minister considers it desirable in the national interest for entry to be refused to the person in question, and so informs the State Authority, the notification shall not be given.

(1) As regards entry into and residence in an East Malaysian State and all matters connected therewith a person entitled in the State to the benefit of this section shall be treated for the purposes of Parts I to VI as if he were a citizen.

(2) Subject to this section, a person shall be entitled in an East Malaysian State to the benefit of the section if-

(a) on Malaysia Day he is ordinarily resident in the State, and in the ten years immediately preceding that day he has resided in the territories comprised in the East Malaysian States and Brunei for periods which amount in the aggregate to not less than seven years; and

(b) immediately before Malaysia Day under the immigration law of the territories comprised in the State, he would as being a Commonwealth citizen (or if not a Commonwealth citizen, then in the case of Sabah as having been before November 1931 born in North Borneo) have been entitled to enter those territories without having obtained a permit or pass.

(3) A person shall not be entitled to the benefit of this section after the beginning of September, 1965:

Provided that where before September 1965, a person entitled in an East Malaysian State to the benefit of this section makes an application to be registered as a citizen and the application is not disposed of before the beginning of that month, he shall continue to be so entitled until the application is disposed of.

(4) So long as a person is entitled in an East Malaysian State to the benefit of this section that person's children under the age of twenty-one years and (if he is a man) his wife shall as regards entry into and residence in the State and all matters connected therewith be treated for the purposes of Parts I to VI as if they were citizens.

(5) For the purpose of determining whether paragraph (2)(b) is satisfied in the case of any person, any question which under the immigration law of the territories comprised in an East Malaysian State would have fallen to be determined by an authority or officer of the Government of those territories shall be determined by the Minister.

(6) A person who has left an East Malaysian State on or after Malaysia Day shall not be entitled in the State to the benefit of this section if the Minister* is satisfied that his residence in the State would be prejudicial to public security.

(7) This section shall not entitle any person for the purpose of reaching an East Malaysian State to enter or remain in any part of Malaysia outside the State otherwise than in accordance with Parts I to VI, as those Parts apply to persons who are not citizens; but a person entitled by virtue of this section to enter an East Malaysian State shall be entitled to receive such Pass to enter a part of Malaysia outside the State as is reasonably required to enable him to do so.

(8) For persons entitled to enter an East Malaysian State by virtue of this section regulations under section 54 may, as respects Certificates of Status and other matters, make special provision different from that made for citizens.

(9) For purposes of this section residence shall be calculated in like manner as for the purpose of registration as a citizen, and "child" includes in relation to a woman, an illegitimate child.

(1) For purposes of section 66 a citizen shall be treated as belonging to an East Malaysian State if-

(a) he is or has within the preceding two years been a permanent resident in the East Malaysian State; or

(b) he became a citizen in any of the following ways, that is to say-

(i) by operation of law on Malaysia Day in respect of his being a citizen of the United Kingdom and Colonies ordinarily resident in the State;

(ii) by operation of law on or after Malaysia Day in respect of his birth in Malaysia and of one of his parents being at the time of the birth a permanent resident in the East Malaysian State; or

(iii) by registration in respect of his being on Malaysia Day ordinarily resident in the East Malaysian State.

(2) Subject to subsection (3) a person shall not be treated for purposes of this section-

(a) as becoming a permanent resident in an East Malaysian State after not being one, until he has in a period not exceeding five years been resident in the State for periods amounting to three years; or

(b) as being a permanent resident in an East Malaysian State at any time when under federal law he requires permission to reside there and has not got permission to do so granted without limit of time.

(3) Paragraph (2)(a) shall not prevent a woman being treated as a permanent resident in an East Malaysian State at any time when she is married to a permanent resident in the State and is ordinarily resident there with him.

(4) In determining for the purposes of this section whether a person is or was at any time a permanent resident in an East Malaysian State no account shall be taken of any period of residence in the State while he is there by virtue of section 67 or 68; but a period of residence or of permanent residence shall not for purposes of this section be treated as interrupted or terminated-

(a) by a period of absence from the State of less than six months;

(b) by a period of absence from the State for purposes of education of such kind, in such country and for such time as may from time to time be either generally or specially approved by the State authority;

(c) by a period of absence from the State on duty in the service of the Federation or of any State, where the absence is not inconsistent with the essential continuity of the residence in the State; or

(d) by a period of absence from the State for any other cause allowed generally or specially by the State Authority.

(5) A person who for purposes of Parts I to VI is for the time being treated under section 70 as a citizen in respect of his being on Malaysia Day ordinarily resident in an East Malaysian State shall for purposes of section 66 be treated as belonging to that State.

(6) Any authority empowered under Parts I to VI in its operation as a special law for an East Malaysian State to issue Certificates of Status showing that a person belongs to that State shall (unless the authority is an authority of the State) notify the State Authority of any application for the issue of such a Certificate, and if so required by the State Authority consult with that authority before issuing the Certificate.