Section 56 — IMMIGRATION ACT 1959/63

(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;

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(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 re-entering 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);

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(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.

General penalty