Section 8 Immigration Act 1959/1963
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Last Updated (Tuesday, 30 November 1999 08:00)
PROHIBITED PERSONS : SECTION 8, IMMIGRATION ACT 1959/63
1. Any person who, in the opinion of the Director General -
a) Is a member of any of the prohibited classes as defined in subsection (3) and is not a citizen is a prohibited immigrant.
2. Subject to any exemption granted under section 55 -
a) no prohibited immigrant who is a member of the 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, remains 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 classified as prohibited :
a) Any person who is unable to show that he has the means of supporting himself and his dependents (if any) or that he has definite employment awaiting him or who is likely to become a pauper of a charge on the public;
b) Suffering from mental disorder or being a mental defective, or suffering from a contagious disease which makes his presence in Malaysia dangerous to the community;
c) Who refuses to submit to a medical examination after being required to do so by an Immigration Officer;
d) Who 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 by reason of the circumstances connected with the conviction is deemed by the Director General to be an undesirable immigrant;
e) Who is a prostitute or who is living on or receiving, or who prior to entering Malaysia, lived on or received, the proceeds of prostitution;
f) Who procures or attempts to bring into Malaysia prostitutes or women or girls for the purpose of prostitution or other immoral purpose;
g) Who is a vagrant or habitual beggar;
h) Whose entry into Malaysia is or at the time of his entry was unlawful under this or any written law for the time being in force;
i) Who believes in or advocate the overthrow by force or violence of any government in Malaysia or of constituted law or authority or who disbelieves in or is opposed to the established government, or who advocates the assassination of public officials, or who advocates or teaches the unlawful destruction of property;
j) Who is the member of or affiliates with any organization 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 official, either of specific individuals of officers generally, or of any government in Malaysia or any established government because of his or their official character, advocating or teaching the unlawful destruction of property.
k) Who , in consequences 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) Who has been removed from any country or state by the government of that country or state on repatriation of any reason whatsoever and who, by reason of the circumstances connected therewith, is deemed by the Director General to be an undesirable immigrant;
m) 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 such documents or is in possession of forged documents;
n) The family and dependent of a prohibited immigrant;
o) Any member of a class of persons, against whom an order to cancel any pass or permit has been made.
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 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 in such manner as may be prescribed, to the Minister, whose decision shall be final:
Provided that, notwithstanding section 24 and 26, any person who appeal 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.
For an appeal from a person in an East Malaysian State in certain circumstances see para. 6(1) (a), subsections (5) and (6), Immigration (Transitional Provisions) Order 1963 (F.L.N. 226/63).