Punishable Offences & Penalties: Overstaying, Breach of Pass/Permit's Conditions & Harboring Illegals

Taken from Immigration Department of Malaysia (under Enforcement)

Overstaying in Malaysia

Offence: 
Living in Malaysia after a pass / permit has expired or revoked.

Violates: 
Section 15 (1) (c) Immigration Act 1959/63 (Act 155).

Penalty:
Section 15 (4) of the Immigration Act 1959/63 (Act 155) provides a fine of not less than RM 10,000 or imprisonment not exceeding 5 years or both.

Last Updated on Tuesday, 24 April 2012 02:28 by Immigration Department of Malaysia
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Violation of Conditions stipulated in the Pass/Permit

Offence: 
Working or Undertaking Activities That Are Contrary To the Conditions of the Issuance of a Pass or Permit. Breach of the pass, permit or border passes conditions

Violates: 
Rule 39 (b) Immigration Regulations 1963.

Penalty:
Upon conviction punishable by a fine not exceeding RM 1, 000 or imprisonment not exceeding six months or both.

Last Updated on Friday, 09 March 2012 02:13 by Immigration Department of Malaysia
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Involvement As An Employer Hiring /Harbouring Illegal Immigrants In The Premises

Offence:
The act of employing one or more persons other than citizens or Entry Permit holders who do not have a valid pass.

Violates: 
Section 55 B Immigration Act 1959/63

Penalty:

• A fine of not less than RM 10,000 but not more than RM 50,000 or imprisonment not exceeding 12 months or both for each illegal immigrant under his employ. 
• A person who employs more than 5 illegal immigrants at the same time is liable to imprisonment of not less than 6 months but not more than 5 years and is subject to whipping of not more than 6 strokes.

Offence:
A person shall not knowingly harbour any person whom he knows or has reasonable grounds for supposing to have contravened the Immigration Act 1959/63.

Violates:
Section 56 (1) (d) Immigration Act 1959/63

Penalty:

• A fine of not less than RM 10,000 but not more than RM 50,000 is imposed on the offender who harbours an illegal immigrant. 
• A person who harbours more than 5 illegal immigrants at the same time is liable to imprisonment of not less than 6 months but not more than 5 years and is subject to whipping of not more than 6 strokes.

Offence: 
Any person (occupier) who allows any illegal immigrant (PATI) to enter or stay in the premises where he has direct interest and control as a supervisor or manager.

Violates: 
Section 55E Immigration Act 1959/63

Penalty:

• A fine of not less than RM 5,000 but not more than RM 30,000 or imprisonment not exceeding 12 months or both for each illegal immigrant. 
• For the second offence, a fine of not less than RM 10,000 but not exceeding 2 years or both.

Last Updated on Tuesday, 24 April 2012 04:03 by Immigration Department of Malaysia
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