KOTA KINABALU: Sabah will defer the policy and implementation of the Malaysia Border Control and Protection Agency in the state until assurances are obtained that there will be no erosion of the state’s special rights, says Chief Minister Datuk Seri Hajiji Noor.
He said the deferment would remain in place until there is a guarantee on Sabah’s autonomous powers over immigration, as well as the authority of the state government in the matter.
“This is to ensure that the constitutional safeguard regarding Sabah’s position over immigration continues to be protected at all times,” he said in a statement.
Hajiji said the state cabinet had examined issues related to the implementation of the Malaysia Border Control and Protection Agency in Sabah.
He said the state government had identified elements that could erode Sabah’s powers and special immigration rights through the legal and operational nature of immigration enforcement by the agency.
He said the implementation is intended to take over the role of the Sabah Immigration Department at state entry points, whereby the state authority would not have direct powers over the agency, but only through the Sabah Immigration director as provided under subsection 6(3) of the Malaysia Border Control and Protection Agency Act 2024 (Act 860).
He added that the state government had also identified inconsistencies between Act 860 and the Immigration Act 1959/63 (Act 155), which could affect the implementation and effectiveness of enforcement duties at Sabah’s entry points by the agency.
“It must be stressed that immigration autonomy powers for Sabah and Sarawak are non-negotiable, as the implementation of the formation of Malaysia under the Malaysia Agreement 1963 (MA63) is expressly subject to the establishment of Sabah and Sarawak’s autonomous powers over immigration,” he said.
