Section 8 — IMMIGRATION ACT 1959/63

(a)

is a member of any of the prohibited classes as defined in subsection (3) and is not a citizen is a prohibited immigrant.

(b)

(Deleted by Act 27 of 1963).

(2)

Subject to any exemption granted under section 55—

(a)

no prohibited immigrant who is a member of prohibited class defined in paragraph (3)(o) shall enter Malaysia or, where he becomes a member of such prohibited class after he has entered Malaysia, remain in Malaysia; and

(b)

no other prohibited immigrant shall enter Malaysia, unless he is in possession of a valid Pass in that behalf issuable to a prohibited immigrant under any regulations made under this Act.

(3)

The following persons are members of the prohibited classes:

(a)

any person who is unable to show that he has the means of supporting himself and his dependants (if any) or that he has definite employment awaiting him, or who is likely to become a pauper or a charge on the public;

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(b)

any person suffering from mental disorder or being a mental defective, or suffering from a contagious or infectious disease which makes his presence in Malaysia dangerous to the community;

(c)

any person who refuses to submit to a medical examination after being required to do so under subsection 39A(1);

(d)

any person who—

(i)

has been convicted in any country or state of any offence and sentenced to imprisonment for any term, and has not received a free pardon; and

(ii)

by reason of the circumstances connected with the conviction is deemed by the Director General to be an undesirable immigrant;

(e)

any prostitute, or any person, who is living on or receiving, or who, prior to entering Malaysia, lived on or received, the proceeds of prostitution;

(f)

any person who procures or attempts to bring into Malaysia prostitutes or women or girls for the purpose of prostitution or other immoral purpose;

(g)

vagrants and habitual beggars;

(h)

any person whose entry into Malaysia is, or at the time of his entry was, unlawful under this or any other written law for the time being in force;

(i)

any person who believes in or advocates the overthrow by force or violence of any Government in Malaysia or of any established government or of constituted law or authority or who disbelieves in or is opposed to established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;

(j)

any person who is a member of or affiliated with any organisation entertaining or teaching disbelief in or opposition to established government or advocating or teaching the duty, necessity or propriety of the unlawful assaulting or killing of any officer, either of specific individuals or officers generally, of any Government in

Malaysia or of any established government, because of his or their official character, or advocating or teaching the unlawful destruction of property;

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(k)

any person who, in consequence of information received from any source deemed by the Minister* to be reliable, or from any government, through official or diplomatic channels, is deemed by the Minister* to be an undesirable immigrant;

(l)

any person who has been removed from any country or state by the government of that country or state on repatriation for any reason whatever and who, by reason of the circumstances connected therewith, is deemed by the Director General to be an undesirable immigrant;

(m)

any person who, being required by any written law for the time being in force to be in possession of valid travel documents, is not in possession of those documents or is in possession of forged or altered travel documents or travel documents which do not fully comply with any such written law;

(n)

the family and dependants of a prohibited immigrant;

and

(o)

any person, or any member of a class of persons, against whom an order has been made under paragraph 9(1)(a), or whose Pass or Permit has been cancelled under paragraph 9(1)(b) or 9(1)(c) respectively, or to whom such cancellation applies under subsection 9(6).

(4)

The burden of proof that any person seeking to enter Malaysia is not a prohibited immigrant shall lie upon that person.

(5)

Subject to any exemption granted under section 55, if any prohibited immigrant enters Malaysia otherwise than in accordance with a valid Pass lawfully issued to him he shall be guilty of an offence against this Act.

(6)

Except where a person is a prohibited immigrant under paragraph (3)(o), any person in possession of a Permit issued to him under this Act who, upon his arrival in Malaysia, is refused permission to enter upon the ground that he is a prohibited immigrant, may appeal against the refusal within such time and in such manner as may be prescribed, to the Minister†, whose decision shall be final:

*NOTE—For exercise of powers of Minister in respect of persons in Sabah and Sarawak, by the

Federal Secretary or by any person in the State being a member of the public services so authorized to do—see paragraph 6(2)(a) and subsection 6(6) Immigration (Transitional Provisions) Order 1963

[L.N. 226/63].

†NOTE—For an appeal from a person in Sabah and Sarawak in certain circumstances—see paragraph 6(1)(a), subsections 6(5) and (6) Immigration (Transitional Provisions) Order 1963

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Provided that, notwithstanding sections 24 and 26, any person who appeals against such refusal shall be permitted to disembark and shall be detained in an immigration depot pending the determination of his appeal, unless released on a Pass issued at the discretion of the Director General on such conditions as to furnishing security or otherwise as the Director General may deem fit.

*Director General’s power to prohibit entry, or cancel any

Pass or Permit