Monday, April 8, 2013

32,664 undocumented migrants have been whipped after they were found guilty under the Immigration Act 1959/63.

Undocumented migrants continue to whipped in Malaysia. Interestingly, not all undocumented migrants arrested are charged and convicted in court - some are arrested, detained and deported. 

32,664 whipped under the Immigration Act would be the undocumented migrants.  

Malaysia's 6P Program (a registration and amnesty program) ended on or about 10/1/2013 - but alas we still hear of such registration exercises conducted by private entities, apparently with the approval of the police, immigration, etc.. In all likelihood, these are 'scams' - but migrant workers very easily can be deceived into believing that they have not become documented migrant workers - free from the possibility of arrest, detention, whipping, etc..

35,000 foreigners whipped since 2005

Patrick Lee | November 1, 2012 
Most of them were punished for violating the Immigration Act, most likely entering Malaysia without valid entry permits.

KUALA LUMPUR: As many as 35,000 foreigners have been whipped by Malaysian law enforcement agents in local prisons from 2005 to Sept 10 this year.

This was revealed by Home Minister Hishammuddin Hussein in a parliamentary written response to PKR-Kelana Jaya MP Loh Gwo Burne.

He said that according to Prisons Department records, a total of 32,664 (93.3%) foreigners have been whipped after they were found guilty under the Immigration Act 1959/63.

The rest – 2,336 foreign prisoners (6.7%) – he added, were found guilty under the Penal Code, Dangerous Drugs Act 1952 and Drug Dependants (Treatment and Rehabilitation) Act 1983.

Hishammuddin added that the whipping of foreign offenders under the Immigration Act was a measure enforced only from 2005 onwards.

Section 6(1) of the Act states that foreigners cannot enter the country unless they have valid entry permits or passes, endorsements or exemptions.

Those that run afoul of this can face either a fine not exceeding RM10,000 or a jail term of not more than five years or both, and are liable to a whipping of not more than six strokes.

Hishammuddin’s answer did not explain where most of those whipped came from.

Meanwhile, a parliamentary written response by Minister in the Prime Minister’s Department Nazri Abdul Aziz showed that RM85.7 million had been spent by the Federal Special Task Force (FSTF) in nabbing illegals found in Sabah since 1990.

Responding to a query by Independent-Tuaran MP Wilfred Mojilip Bumburing, he said that these expenses were broken down into RM13.3 million for arrests, RM51.4 million for detention and RM21.05 million for expulsions. - FMT News, 1/11/2012, 35,000 foreigners whipped since 2005

Section 6 - Control of entry into Malaysia (IMMIGRATION ACT 1959/63 (REVISED 1975)

(1) No person other than a citizen shall enter Malaysia unless -
(a) he is in possession of a valid Entry Permit lawfully issued to him under section 10;

(b) his name is endorsed upon a valid Entry Permit in accordance with section 12, and he is in the company of the holder of the Permit;

(c) he is in possession of a valid Pass lawfully issued to him to enter Malaysia; or
(d) he is exempted from this section by an order made under section 55.
(2) (Repealed).
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both, and shall also be liable to whipping of not more than six strokes.

(4) The burden of proof that a person entered Malaysia without contravening subsection (1) shall lie upon that person, and in any prosecution for an offence under subsection (1), it shall not be necessary to specify in the charge the date, time, place or manner of the entry of such person into Malaysia, or by means of travel used for such entry, and such prosecution may be held at any place in Malaysia.
Since the burden of proof is placed on the migrant,  not on the prosecution, it would be very difficult for migrants who were 'conned' by third parties to prove that they verily believed that they were documented migrants - not undocumented migrants, and/or  that they verily believed that the documents they had in their possession were valid documents.

Now, on 10/1/2013 the Government of Malaysia clearly stated that the 6P Migrant Registration & Amnesty program, which began in October 2012  was ended today(10/1/2013) - and there will be no extension.

Tempoh 6P tidak akan dilanjutkan

PUTRAJAYA 10 Jan. – Kerajaan tidak akan melanjutkan tempoh pendaftaran dan pengampunan di bawah Program Penyelesaian Menyeluruh Pekerja dan Pendatang Asing Tanpa Izin (6P) yang berakhir hari ini.

Bagaimanapun, Ketua Setiausaha Kementerian Dalam Negeri (KDN), Tan Sri Mahmood Adam berkata, secara pentadbiran proses permohonan pemutihan akan diteruskan bagi Pekerja Asing Tanpa izin (PATI) yang telah berdaftar sepanjang tempoh 1 hingga 31 Ogos tahun lalu.

Jelasnya, pertimbangan itu dibuat di atas rayuan para majikan bagi melengkapkan proses pemutihan, pengeluaran dokumen yang berkaitan dan temuduga dengan agensi kawal selia.

“Oleh itu, bagi majikan yang masih belum berbuat demikian adalah dinasihatkan untuk berurusan segera sama ada di Pusat Sehenti (OSC) di Putrajaya iaitu Ibu Pejabat Jabatan Imigresen Malaysia; Ibu Pejabat Jabatan Pendaftaran Negara Malaysia atau Pejabat Pengeluar Pasport Presint 15.

“Selain, Kompleks KDN Jalan Duta, Kuala Lumpur, Pejabat Imigresen Pelabuhan Klang, Selangor, Kompleks KDN Johor Bahru, Johor, Kompleks KDN Seberang Jaya, Pulau Pinang dan Kompleks KDN Kuantan, Pahang,” katanya dalam satu kenyataan di sini, hari ini.

Tempoh program 6P bermula Oktober tahun lalu.

Sementara itu, Mahmood berkata, sehingga hari ini sejumlah 323,093 PATI membabitkan 21,965 majikan telah diputihkan dan diampunkan.- Utusan Online, 11/1/2013, Tempoh 6P tidak akan dilanjutkan

BUT then, there was this document addressed to undocumented migrants to come for a Briefing and Registration on 26/1/2013 - telling them that they will get copies of personal identification papers that will keep them safe from action by local authorities...

One such questionable invite to get 'legalized', which I managed to get hold is as follows - the forms the migrants who attended were asked to fill up apparently all apparently looked very official as though from the Immigration Department but I wonder - for this happens after the 6P program had ended

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