KOTA KINABALU: The implementation of the Malaysian Border Control and Protection Agency Act 2024 (Act 860) or AKPS Act could erode Sabah’s autonomy powers and create confusion or overlapping jurisdictions between state and federal authorities, says the Sabah Immigration Officers Services Union (KPPIS).
In voicing concern over the AKPS, union president Azizah S. Ahmad said there were five elements that seem to be stepping into Sabah’s immigration autonomy.
She said this includes AKPS’ powers over Sabah’s entry and exit points, where under existing laws, the Chief Minister has the absolute power to bar or cancel one’s entry passes and permits in Sabah.
There is also confusion over the chain of command (whether to adhere to Sabah Immigration director or to AKPS), to allow for issues pertaining to overlapping of powers to be settled "administratively" and a blanket authorisation for the AKPS director, overriding existing authorities’ powers or jurisdiction which currently falls under the State Immigration director’s commands, she said.
Azizah said voicing these concerns were not defiance on their part, but rather a responsibility to preserve the legal ecosystem within the state Immigration laws.
She said currently, investigations and enforcement of immigration matters are fully under Sabah’s jurisdiction without interference from outside entities but the AKPS Act allows for outside authorities to act on its own without having to be tied to local needs and laws, thus breaching the Malaysia Agreement 1963 (MA63).
“We wish to stress that the union has the obligation to intervene to protect its members from any risks of statutory non-compliance,” she said.
Azizah warned that overlooking the loopholes in Act 860 leaves Immigration officers at Sabah's entry points vulnerable to ultra vires (acting beyond legal power) directives, undermining the vital legal safeguards and jurisdictional protections they are entitled to.
Recently, Deputy Home Minister Datuk Seri Dr Shamsul Anuar Nasarah said that although the AKPS Act had been in operation since Jan 1, 2025, the autonomous powers of the Bornean territories will not be affected.
He said under Section 6(3) of Act 860, it was compulsory for AKPS to comply with all instructions issued by the Sabah and Sarawak state authorities regarding the control of individuals at the country's entry points.
