Malaysia legislation

Section 2

of IMMIGRATION ACT 1959/63

Section 2

(a)

in the case of a person arriving by sea, disembarking in

Malaysia from the vessel in which he arrives;

(b)

in the case of a person arriving by air at an authorized airport, leaving the precincts of the airport;

(c)

in the case of a person entering by land and proceeding to an immigration control post in accordance with section 26, leaving the precincts of the post for any purpose other than that of departing from Malaysia by an approved route; and

(d)

in any other case, any entry into Malaysia by land, sea or air:

Provided that it shall not include in any case an entry made for the purpose of complying with this Act or an entry expressly or impliedly sanctioned by an immigration officer for the purpose of any enquiry or detention under this Act;

“Entry Permit” means a Permit to enter and remain in Malaysia issued under section 10;

“immigration control post” means a post established as such by the Director General at a place declared to be an immigration control post under subsection 5(1);

“immigration depot” means any place designated by the Director

General under section 51A;

“immigration officer” means any person appointed under section 3;

“immigration signal” means such signal as may be prescribed for vessels which arrive in Malaysia;

“master” means any person (except a pilot or Harbour Master)

having for the time being control or charge of a vessel;

“Pass” means any Pass issued under any regulations made under this Act entitling the holder thereof to enter and remain temporarily in Malaysia;

“passenger” means any person carried in a vessel or aircraft, other than the members of the crew;

Immigration 9

“Permit” includes an Entry Permit;

“Port Officer” includes a Harbour Master appointed under the

Merchant Shipping Ordinance [F.M. Ord. 70 of 1952, Sabah Ord.

11 of 1960, Sarawak Ord. 2 of 1960] and any person lawfully acting for him;

“prescribed” means prescribed by regulations made under this Act;

“prohibited immigrant” means a person declared to be a prohibited immigrant under section 8;

“seaman” includes the master and any person carried in a vessel as a bona fide member of the staff employed in the operation or service of the vessel and, if the vessel has articles, entered on those articles;

“senior immigration officer” means any person appointed under subsections 3(1) and (1A);

“senior police officer” has the meaning assigned thereto in the

Police Act 1967 [Act 344];

“stowaway” means a person who goes to sea secreted in a vessel without the consent of the master or other person in charge of the vessel or of a person entitled to give the consent and includes a person arriving in Malaysia on board any aircraft who is on board without the consent of the captain or of a person entitled to give the consent;

“through passenger” means any passenger who arrives in Malaysia by a vessel or aircraft and who is continuing his journey in the same vessel or aircraft to a place outside Malaysia;

“transportation company” means any government, municipality, body corporate, or organisation, firm or person carrying or providing for the transit of passengers, whether by vessel, aircraft, railway, highway or otherwise, and includes any two or more such transportation companies co-operating in the business of carrying passengers;

“vehicle” means a structure capable of moving or being moved or used for the conveyance of any person or thing and which maintains contact with the ground when in motion;

“vessel” includes any ship or boat or other description of floating craft used in navigation, and includes any tackle, equipment, book, document, goods, cargo or things carried therein or thereon.

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(2)

For the purposes of this Act a person travelling between two places in Malaysia without entering any territory outside Malaysia shall not be treated as leaving, entering or arriving in Malaysia because in so doing he passes out of and returns into Malaysia.

(3)

Any reference in this Act to a person unlawfully entering or re-entering Malaysia or unlawfully remaining in Malaysia shall include any act of entering or re-entering or remaining in Malaysia which is in contravention of any provision of this Act or any subsidiary legislation made under this Act.

Appointment and powers of Director General and others