Kota Kinabalu: The State Government has decided to defer implementation of the Malaysia Border Control and Protection Agency (AKPS) in Sabah, following concerns over possible erosion of State powers and special immigration rights under Malaysia Agreement (MA63).
Chief Minister Datuk Seri Hajiji Haji Noor said the decision stays until assurances are obtained that it would not jeopardise the interests of the state in any way, especially the State’s special rights and autonomous powers over immigration.
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He said the deferment is aimed at safeguarding the authority of the state government in matters related to immigration.
“The Sabah Government, through its State Cabinet meeting, has examined the current issues related to the AKPS implementation in Sabah, noting there are elements of erosion of Sabah’s powers and special immigration rights through the legal and operational nature of immigration enforcement by AKPS.
“The implementation of AKPS is intended to take over the role of the Sabah State Immigration Department at Sabah’s entry points.
“The State Authority would not have direct powers over AKPS, but only through the Sabah State Immigration Director as provided under subsection 6(3) of the Malaysian Border Control and Protection Agency Act 2024 [Act 860],” Hajiji said in a statement, Wednesday.
He said the State Government has 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 that Sabah and Sarawak’s immigration autonomy powers are non-negotiable, as the formation of Malaysia under the Malaysia Agreement 1963 (MA63) expressly recognised the autonomous powers of both States on immigration matters.
Therefore, Hajiji said, the deferment is necessary to ensure constitutional safeguards concerning Sabah’s position over immigration matters continued to be protected at all times.
Sabah political parties, including the opposition, and Sabah Immigration have also expressed reservations over the AKPS.
