Sabah postpones federal border agency rollout over immigration autonomy fears under MA63

“KOTA KINABALU, May 13 — The Sabah government has decided to postpone the Malaysian Border Control and Protection Agency (AKPS) policy and implementation until it receives assurances that the move will not erode the state’s special immigration powers and autonomy. Chief Minister Datuk Seri Hajiji Noor said Sabah’s immigration autonomy, together with that of Sarawak, was non-negotiable as it formed part of the safeguards enshrined under the Malaysia Agreement 1963 (MA63). “It must be stressed that immigration autonomy for Sabah and Sarawak cannot be negotiated because the implementation of Malaysia’s formation under MA63 is subject to the autonomy provisions granted to both states. “This guarantees constitutional safeguards to ensure Sabah’s position remains protected,” he said in a statement today. Hajiji said the Sabah Cabinet had reviewed issues surrounding the implementation of AKPS in the state and found elements that could potentially dilute Sabah’s immigration powers and special rights through the agency’s legal framework and operational structure. Under the proposed arrangement, AKPS would assume the role currently carried out by the Sabah Immigration Department at the state’s entry points. He said the state government would not have direct authority over the agency, except through the Sabah Immigration director as provided under Subsection 6(3) of the Malaysian Border Control and Protection Agency Act 2024 (Act 860). “Besides that, the Sabah government has also identified inconsistencies between Act 860 and the Immigration Act 1959/63 [Act 155], which could affect the smooth execution of enforcement duties at Sabah’s entry points,” he added. — Bernama

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