The Malaysian Bar - Press release by Sabah Law Association on the barring of entry to Haris Ibrahim by the State Government of Sabah (21 Dec 2011)

Press release by Sabah Law Association on the barring of entry to Haris Ibrahim by the State Government of Sabah (21 Dec 2011)

Thursday, 19 January 2012 06:12pm

Haris Ibrahim, the President of the Malaysian Civil Liberties Movement (MCLM) was barred from entering Sabah on the 6th December 2011. This gave rise to concerns to the legality of the action of the state government. Sabah Law Association wishes to clarify the position of the law on this issue.

Although the legality of the decision of the State Government is beyond reproach for reasons as follows such decisions ought to be made carefully and ought not to be made frivolously or for reasons which do not further or protect the interest of the State.

The decision of the State Government to bar Haris Ibrahim entry to the State was under Section 65(1) of the Immigration Act 1959/1963. The Sabah Law Association is of the view that the exercise by the State Authority of its rights under the Immigration Act is not just an executive act under an ordinary legislation but is an act pursuant to the constitutional rights accorded to the East Malaysian States under Part VII of the Immigration Act. The State Authority’s said decision receives support from the Supreme Court decision in 2002 in Pihak Berkuasa Negeri Sabah v Sugumar Balakrishnam where it was held that the exercise of the State Authority’s rights under Part VII of the Immigration Act to cancel the entry permit of a person issued with one without according the affected person the right to be heard or without assigning any reasons for the decision as valid.

The power of the State to deny entry to non-Sabahans is however a potentially draconian and wide-reaching power which must be judiciously and fairly exercised. Although the State is not obliged to provide reasons for or to justify its decision, we would urge the State Government to issue its own statement as to its reasons for doing so in order to avoid the impression that the power was exercised capriciously or to comply with the wishes of the powers-that-be outside of the State. Compliance with outside forces surely cannot protect, enhance or promote our constitutional rights.

The Sabah Law Association would support all legislative and executive decisions by the State Government that will protect, enhance and promote the constitutional rights of the State. We commend the State Government in its endeavours to protect whatever remnant privileges and rights the State may have under the Malaysia Agreement and the Malaysia Act.

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