Kota Kinabalu: Chief Minister Datuk Seri Hajiji Noor (
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In a statement on Wednesday, he said the State Cabinet had examined current issues related to the implementation of AKPS in Sabah, particularly involving the legal and operational aspects of immigration enforcement.
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He said the implementation of AKPS was intended to take over the role of the Sabah Immigration Department at the State’s entry points.
According to him, the State Authority would not have direct powers over AKPS but only through the Sabah Immigration Director as provided under subsection 6(3) of the Malaysian Border Control and Protection Agency Act 2024 [Act 860].
Hajiji said 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 AKPS.
He stressed that Sabah and Sarawak’s immigration autonomy powers were non-negotiable, as the formation of Malaysia under the Malaysia Agreement 1963 (MA63) expressly recognised the autonomous powers of both States over immigration matters.
He said the deferment would remain until assurances were obtained that there would be no erosion of Sabah’s special rights, immigration autonomy powers and the authority of the State Government, in order to ensure constitutional safeguards over Sabah’s position on immigration continued to be protected.
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