Malaysia legislation
Section 9
Section 9
(a)
where he deems it expedient to do so in the interests of public security or by reason of any economic, industrial, social, educational or other conditions in Malaysia, by order, prohibit, either for a stated period or permanently, the entry or re-entry into Malaysia of any person or class of persons:
Provided that the order made under this paragraph shall not apply to any citizen or to the holder of any valid
Pass or Permit;
(b)
in his absolute discretion cancel any Pass at any time by writing under his hand; or
(c)
cancel any Permit at any time by writing under his hand, if he is satisfied that the presence in, or entry into, Malaysia of the holder of any Permit is, or would be, prejudicial to public order, public security, public health or morality in Malaysia or any part thereof.
(2)
Every order made under paragraph (1)(a) shall come into force on the date of the making of such order, and shall subsequently be published in the Gazette.
(3)
Every cancellation of a Pass under paragraph (1)(b) or a
Permit under paragraph (1)(c) shall come into force on the date
*NOTE—This section shall apply to a Pass or Permit issued before the commencement of the
Immigration (Amendment) Act 1989 [Act A719] in the same manner that they apply to a Pass or
Permit issued after its commencement; and any order made under this section before the coming into force of the said amending law shall continue to remain in full force and effect until revoked—
see subsections 5(2) & (3) of Act A719.
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of the cancellation, and the Director General shall, as soon as may be thereafter, cause a notice of the cancellation to be sent to the holder of the Pass or Permit, as the case may be, if his address is known, and if it is not known, shall cause the notice to be published in such manner as he deems fit.
(4)
Where a Pass is cancelled under paragraph (1)(b) or a Permit is cancelled under paragraph (1)(c)—
(a)
if its holder is present in Malaysia, he shall not remain in Malaysia after such cancellation and shall be removed from Malaysia in accordance with the provisions of this
Act, and he shall, thereafter, be prohibited from entering
Malaysia; and
(b)
if its holder is outside Malaysia, he shall be prohibited from entering or re-entering Malaysia.
(5)
Any person who enters or re-enters or remains in Malaysia in contravention of any order made under paragraph (1)(a), or in contravention of subsection (4), shall be guilty of an offence against this Act and shall be removed or again removed, as the case may be, from Malaysia.
(6)
Where a Pass is cancelled under paragraph (1)(b) or a Permit is cancelled under paragraph (1)(c), subsections (4) and (5) shall apply to—
(a)
a person whose name is endorsed on the Pass or the
Permit;
(b)
any wife of the holder of the Pass or the Permit where the wife is a holder of a Pass or Permit issued to her in consequence of the issue of the Pass or the Permit to her husband; and
(c)
any dependant child of the holder of the Pass or the
Permit where such child is not a citizen, in the same manner that they apply to the holder of the Pass or the Permit and the notification to such holder under subsection (3)
shall also constitute notification to the persons mentioned in paragraphs (a), (b) and (c).
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(7)
Notwithstanding subsection 3(3), the powers of the Director
General under this section shall be exercised only by the Director
General personally or, during his absence or inability to act from any cause, only by the Deputy Director General personally.
(8)
Any person who is dissatisfied with any order made against him under paragraph (1)(a), or the holder of any Pass or Permit cancelled under paragraph (1)(b) or (c) respectively, who is dissatisfied with the cancellation, or any person as is referred to under paragraph (6)(a), (b) or (c) who is dissatisfied with the application of subsections (4) and (5) to him under subsection (6), may appeal to the Minister within seven days of the publication of the order in the Gazette under subsection (2), or the notification of the cancellation to the holder of the Pass or Permit under subsection (3), as the case may be, and such appeal shall be by way of a petition in writing setting out clearly and in detail the grounds of the appeal:
Provided that notwithstanding any appeal under this subsection, pending the determination of such appeal, the order of the Director
General under paragraph (1)(a), or the cancellation of the Pass or
Permit under paragraph (1)(b) or (c) respectively, or the application of subsections (4) and (5) to any person under subsection (6), shall have full force and effect as provided under subsection (2) or (3), as the case may be, and, where accordingly the person appealing is outside Malaysia, or has left Malaysia or been removed from
Malaysia before its determination, he may be permitted to enter or re-enter Malaysia if his appeal is allowed and the order under paragraph (1)(a) is revoked, or the Pass or Permit is restored to him, as the case may be.
Director General’s power to limit entry into Malaysia