Immigration D-G’s threat to revoke foreign nationals’ passes over negative statements ‘extreme’ but legal, say lawyers
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Khairul Dzaimee did not mince his words when he warned that even long-term pass holders, such as those with student passes, temporary employment passes and residence passes, would not be spared if they made negative statements about the country Picture by Miera Zulyana |
KUALA LUMPUR, July 8 — Although it may seem drastic, Immigration Department director-general Datuk Khairul Dzaimee Daud’s recent threat to revoke the passes of foreigners who make statements which are considered detrimental to the nation’s image does go by the book.
However, legal experts familiar with the Immigration Act 1959/63 told Malay Mail that although the law allows for such extreme measures, revoking one’s pass as punishment for merely making a statement would most likely come across as unjust and makes such overarching powers subject to judicial re-interpretation.
This is in response to a threat made on Monday by Khairul Dzaimdee against foreigners here in which he stated that he could potentially revoke their passes if the situation called for it.
The threat was made following an uproar over the alleged mistreatment of foreign nationals by Malaysia as claimed by those featured in a 25-minute documentary that was released on June 3 by international news agency Al Jazeera.
It’s legal, but is it reasonable?
Several lawyers who spoke to Malay Mail affirmed that as per Section 9(1)(b) and (c) of the Immigration Act, the director-general may, at his discretion, in the interest of public security, or due to any economic, industrial, social, education, or other conditions in Malaysia, revoke or cancel the passes and permits of foreign nationals here.
The law also spells out how the director-general can also prohibit the entry and re-entry of any individual into the country, either temporarily or permanently, if he is satisfied that allowing such persons in would affect the wellbeing and public order of the country, similar to the caveats already mentioned.
However, legal experts familiar with the Immigration Act 1959/63 told Malay Mail that although the law allows for such extreme measures, revoking one’s pass as punishment for merely making a statement would most likely come across as unjust and makes such overarching powers subject to judicial re-interpretation.
This is in response to a threat made on Monday by Khairul Dzaimdee against foreigners here in which he stated that he could potentially revoke their passes if the situation called for it.
The threat was made following an uproar over the alleged mistreatment of foreign nationals by Malaysia as claimed by those featured in a 25-minute documentary that was released on June 3 by international news agency Al Jazeera.
It’s legal, but is it reasonable?
Several lawyers who spoke to Malay Mail affirmed that as per Section 9(1)(b) and (c) of the Immigration Act, the director-general may, at his discretion, in the interest of public security, or due to any economic, industrial, social, education, or other conditions in Malaysia, revoke or cancel the passes and permits of foreign nationals here.
The law also spells out how the director-general can also prohibit the entry and re-entry of any individual into the country, either temporarily or permanently, if he is satisfied that allowing such persons in would affect the wellbeing and public order of the country, similar to the caveats already mentioned.
Khairul Dzaimee, put your words in action - let's deport for a start, Zakir Naik, whose brazen biadab-ish words, those of an effing foreigner against Malaysian citizens, have affected the wellbeing and public order of the country. Eff-er has the audacious outrageous temerity to question the loyalty of Malaysians of Indian ethnicity, and also to refer to Malaysians of Chinese ethnicity as ‘guests’ who should ‘leave’ the country before him. Who the eff is this eff-ing fugitive from Indian law?
M: We want that fugitive, crook & terrorist supporter M: I want him too, he's my passport to Islamic support M: Eff you Keralite traitor M: Eff you Tambee |
So Khairul, jangan cakap ayam saje, tindak secepat mungkin.
Secondly, put a bookmark against the name of a Swiss and former Thai convicted (& jailed) blackmailer, Xavier Andre Justo, to ensure any of his re-entry into Malaysia is well and truly scrutinised. His sponsor is no loner in power so jangan khuatir lah.
As usual Ah Mok is utterly silent and uncritical of the the PM who brought Zakar Naik and gave him Permanent Resident status in the first place.
ReplyDeleteXavier Justo has never done anything damaging against Malaysia as a nation.
ReplyDeleteDamaging to Najis, yes, but that is hardly the same thing.
Why should Justo be Persona Non Grata in Malaysia ?