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Section 34

Detention of persons ordered to be removed

of Immigration Act 1959/63

ActIn forceProvision 36 of 90
Section 34
(1)

Where any person is ordered to be removed from Malaysia under this Act, such person may be detained in custody for such period as may be necessary for the purpose of making arrangements for his removal:

Provided that any person detained under this subsection who appeals under subsection 33(2) against the order of removal may, in the discretion of the Director General, be released, pending the determination of his appeal, on such conditions as to furnishing security or otherwise as the Director General may deem fit.

*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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(2)

Subject to the determination of any appeal under section 33, any person who is ordered to be removed from Malaysia may be placed on board a suitable vessel or aircraft by any police officer or immigration officer, and may be lawfully detained on board the vessel or aircraft, so long as the vessel or aircraft is within the limits of Malaysia.

(3)

Any person who is detained in custody in pursuance of an order made by the Director General under subsection (1) may be so detained in any prison, police station or immigration depot, or in any other place appointed for the purpose by the Director General.