Malaysia legislation
Section 24
Section 24
Examination of persons arriving by sea or at authorized airport
(a)
if the person arrived by sea and is still aboard the vessel, he shall not disembark in Malaysia, or, if disembarked for the purpose of the examination, he shall return forthwith to the vessel and remain thereon. The master of the vessel shall likewise forthwith be informed in writing by the immigration officer of his finding and the master shall not permit the person to disembark in Malaysia, or, if the person has disembarked, whether for the purpose of examination or otherwise, shall be bound to re-embark him; and
(b)
if the person arrived by air, he shall not leave the precincts of the airport except for a place approved by the immigration officer, and he shall leave and depart from Malaysia by the first available means in accordance with the instructions of the officer. The captain of the aircraft in which the person arrived shall, if so required by the officer, remove the person from Malaysia by the same aircraft.
(2)
Any person who—
(a)
refuses or neglects to appear before an immigration officer as required by subsection (1) or who leaves the place of examination without or otherwise than in accordance with the authorization of that officer;
(b)
after being informed by an immigration officer that he is prohibited from entering Malaysia—
(i)
he either disembarks in Malaysia or refuses or neglects to return forthwith to his vessel, as the case may be; or
(ii)
he leaves the precincts of an airport without the permission of the officer, or refuses or neglects to proceed to or remain at a place approved by the
Immigration 27
immigration officer, or refuses or fails to leave
Malaysia in accordance with the instructions of an immigration officer given under subsection (1); or
(c)
being—
(i)
the master of a vessel, permits any person to disembark in Malaysia, or refuses to re-embark any person; or
(ii)
the captain of the aircraft in which any person arrived in Malaysia, refuses or neglects to remove the person from Malaysia, after being informed by an immigration officer that the person is prohibited from entering Malaysia or that the person has refused or neglected to appear before an immigration officer as required by subsection (1) or that he has left the place of examination without or otherwise than in accordance with the authorization of that officer, shall be guilty of an offence against this Act.
(3)
Where any person either disembarks in Malaysia or refuses or neglects to return to his vessel, in contravention of this section, an immigration officer may require the person to return to his vessel and may take such steps, including the use of force, as may be reasonably necessary to compel his return, and the master of the vessel shall be bound to re-embark the person and to remove him from Malaysia.
(b)
The master of a vessel may use such force as may be reasonably necessary to enable him to comply with subsection (1) and paragraph
(3)
.
(4)
Where any person leaves the precincts of an airport in contravention of this section or refuses to leave and depart from
Malaysia in accordance with the instructions of the immigration officer given under subsection (1), the immigration officer may take such steps, including the use of force, as may be reasonably necessary to compel the person to return to the precincts of the airport or to comply with the instructions, as the case may be.
(5)
In relation to a case where the vessel or the aircraft in which the person arrived has already left Malaysia before an immigration officer has made his finding under subsection (1) that he considers
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such person to be prohibited from entering Malaysia under this
Act, the immigration officer may require in writing the master of any vessel or the captain of any aircraft, as the case may be, belonging to the same owners or chartered by the same charterers as those of the vessel or the aircraft in which the person who is to be removed from Malaysia arrived, to receive the person on board his vessel or aircraft and afford such person free of charge a passage to the port or place at which the person embarked and proper accommodation and maintenance during the voyage or flight.
(6)
The master of any vessel or the captain of any aircraft, as the case may be, who fails to comply with a requirement in writing made by an immigration officer under subsection (5) shall be guilty of an offence against this Act.
(7)
Where a requirement has been made under subsection (5), the immigration officer shall inform the person in respect of whom the requirement has been made of his finding under subsection (1)
that he considers such person to be prohibited from entering Malaysia under this Act, and give him instructions to depart from Malaysia on the vessel or aircraft in relation to which the requirement had been made, and may take such steps, including the use of force, as may be reasonably necessary to compel the person to comply with the instructions, and if such person fails to comply with the instructions and depart from Malaysia he shall be guilty of an offence against this Act.