Malaysia legislation

Section 14

of BANISHMENT ACT 1959

Section 14

(a)

lawfully banished or expelled from Malaysia or from any territory comprised in Malaysia; or

(b)

lawfully banished, deported or expelled from Singapore or from the Straits Settlements, is hereby prohibited from entering or residing in Malaysia so long as the term for which he was banished, deported or expelled has not expired or the banishment, deportation or expulsion order has not been cancelled or revoked, and whether or not the order has been executed:

Provided that the Minister may in his discretion exempt any person banished, deported or expelled from Singapore or the Straits Settlements from the prohibition contained in this subsection.

(2)

Any person entering or residing in any part of Malaysia in contravention of the prohibition contained in subsection (1) shall be guilty of an offence against this Act and shall, on conviction, be liable—

(a)

if the term for which the person was banished, deported or expelled be less than five years, to imprisonment for a term not exceeding the term of the banishment, deportation or expulsion;

(b)

if the term for which the person was banished, deported or expelled be for life or for five years or more, to imprisonment for a term not exceeding five years; and

(c)

if the person shall previously have been convicted under this Act or any law superseded by this Act of unlawfully entering or residing in Malaysia or any part thereof or in any of the territories now comprised therein after having been lawfully banished, deported or expelled therefrom or from Singapore, to imprisonment for a term not exceeding fifteen years.

(3)

Notwithstanding the fact that a prosecution is pending against any person under this section the Minister may make a banishment order against the person in accordance with this Act and thereupon the court shall order the person to be discharged not amounting to an acquittal from the charge under this section in order to enable the banishment order to be executed.

(4)

If at the expiration of any sentence passed on any person under this section the term for which the person has been banished, deported or expelled has not expired, the person shall, unless the Minister shall otherwise order, be removed from Malaysia, and section 6 (3) and (4) shall mutatis mutandis apply to such person as if a banishment order had been made in his case under section 5.

(a)

against whom a warrant of arrest and detention has been issued but has not yet been executed;