By WU VUIDE
KOTA KINABALU: The Sabah Government has decided to defer the implementation of the Malaysia Border Control and Protection Agency (AKPS) in the state pending assurances that Sabah’s special immigration rights and autonomous powers will not be affected.
Chief Minister Datuk Seri Hajiji Noor said the decision was made after the State Cabinet examined issues related to the implementation of AKPS in Sabah, including concerns over possible erosion of the state’s powers and special immigration autonomy.
He said the Cabinet noted that the legal and operational framework of AKPS could affect Sabah’s authority in immigration enforcement matters.
“The implementation of AKPS is intended to take over the role of the State Immigration Department at Sabah’s entry points, whereby the state authority will not have direct powers over AKPS, but only through the Sabah Immigration Director as provided under subsection 6(3) of the Malaysian Border Control and Protection Agency Act 2024 [Act 860],” he said in a statement yesterday.
Hajiji said the State Government had also identified inconsistencies between the Malaysian Border Control and Protection Agency Act 2024 [Act 860] and the Immigration Act 1959/63 [Act 155], which could affect the effectiveness of immigration enforcement duties at Sabah’s entry points.
He stressed that Sabah’s immigration autonomy under the Malaysia Agreement 1963 (MA63) was non-negotiable.
“It must be stressed that immigration autonomy powers for Sabah and Sarawak are non-negotiable, as the implementation of the formation of Malaysia under MA63 is expressly subject to the establishment of Sabah and Sarawak’s autonomous powers over immigration,” he said.
Hajiji said the State Government would only consider implementing AKPS after obtaining assurances that there would be no erosion of Sabah’s special rights, immigration autonomy and the authority of the State Government.
He said the move was necessary to ensure constitutional safeguards concerning Sabah’s immigration position continue to be protected at all times.
‘It must be stressed that immigration autonomy powers for Sabah and Sarawak are non-negotiable, as the implementation of the formation of Malaysia under MA63 is expressly subject to the establishment of Sabah and Sarawak’s autonomous powers over immigration’ – Hajiji
