Haji Hajiji Haji Noor
KOTA KINABALU: The Sabah Government has decided to defer the policy and implementation of the Malaysia Border Control and Protection Agency (AKPS) in the state until assurances are obtained that there will be no erosion of Sabah’s special rights and autonomous immigration powers.
Chief Minister Datuk Seri Haji Hajiji Haji Noor said the decision was made after the State Cabinet examined current issues related to the implementation of AKPS in Sabah.
He said the review found elements that could affect Sabah’s powers and special immigration rights from both legal and operational enforcement perspectives under the agency.
“The State Government views this matter seriously as the immigration autonomy of Sabah and Sarawak is non-negotiable, in line with the spirit and implementation of the Malaysia Agreement 1963 (MA63),” he said in a statement today.
He added that the implementation of AKPS is intended to take over the role of the Sabah Immigration Department at the state’s entry points, but the State Government would not have direct authority over the agency.
“In this situation, the State’s authority is only exercised 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.
He also said that the State Government had identified inconsistencies between Act 860 and the Immigration Act 1959/63 (Act 155), which could affect the effectiveness of enforcement duties at Sabah’s entry points.
Hajiji stressed that the deferment was necessary to ensure Sabah’s constitutional position on immigration continues to be safeguarded.
“This deferment will remain until there are clear assurances that there will be no erosion of the State’s special rights and autonomous immigration powers, including the authority of the State Government in this matter,” he said.
He added that the State Government remains committed to ensuring that all related policies are implemented without compromising Sabah’s rights as agreed upon in the formation of Malaysia.
