Employing Immigrant at Premises 雇用非法外劳

  1. 移民厅提控4名雇主因聘请非法外劳。
  2. 4名雇主因为触犯1959/63年移民局法令第55E(1)条文(收留非法外劳),被提控。
  3. 1959/63年移民局法令第55B(3)条文,同一时间雇佣超过5位不持有合法准证的员工,旦罪成,监禁不少过6个月,但是不超过5年,可被鞭刑不超过6鞭
  4. 1959/63年移民局法令第55E(2)条文,允许任何非法移民,包括非法外籍劳工,进入或待在任何处所。一旦罪成,每位罚款不少于RM5,000.00,但是不超过RM30,000.00;或坐牢不超过12个月或两者兼施。若是重犯,依据房地中的非法移民人数,每位罚款不少于RM10,000.00,但是不超过RM60,000.00;或坐牢不超过2年或两者兼施
  5. 第一名雇主因为允许2名非法外劳在没有准证下,居住在其餐馆内,因而触犯了1959/63年移民局法令第55E(1)条文(收留非法外劳),并可在相同法令第55E(2)条文下被定罪,被判罚款RM12,000.00 否则需面对6个月监禁。
  6. 第二名雇主因为允许3名非法外劳在没有准证下入住,触犯1959/63年移民局法令第55E(1)条文,并可在相同法令第55E(2)条文下被定罪,被判罚款RM18,000.00 否则需面对8个月监禁。
  7. 第三名雇主因为允许1名非法外劳在没有准证下入住,触犯1959/63年移民局法令第55E(1)条文,并可在相同法令第55E(2)条文下被定罪,被判罚款RM6,000.00 否则需面对3个月监禁。
  8. 第四名雇主因为允许3名非法外劳进入并居住在工厂内,触犯1959/63年移民局法令第55E(1)条文,并可在相同法令第55E(2)条文下被定罪,被判罚款RM18,000.00 否则需面对8个月监禁。
  9. 此外,移民厅也提控24名非法外劳,其中9人则在上述4家公司上班。
  10. 该24名外劳分别触犯1959/63年移民局法令6(1)(c)条文(非法逗留)、第15(c)(1)条文(逾期逗留)或第39B条文(滥用准证),而被带上法庭面控。

 

Immigration Act 1959/63

55B.Employing a person who is not in possession of a valid Pass

(1) Any person who employs one or more persons, other than a citizen or a holder of an Entry Permit, who is not in possession of a valid Pass shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than fifty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each such employee.

(2) A Pass lawfully issued to any person shall cease to be a valid Pass when any of its terms and conditions is contravened.

(3) Where, in the case of an offence under subsection(1), it is proved to the satisfaction of the court that the person has at the same time employed more than five such employees that person shall, on conviction be liable to imprisonment for a term of not less than six months but not more than five years and shall also be liable to whipping of not more than six strokes.

(4) For the purposes of this section a person performing any act normally performed by an employee in a place of employment whether or not for payment shall be presumed, unless the contrary is proved, to have been employed.

(5) Where the offence under subsection (1) has been committed by a body corporate, any person who at the time of the commission of the offence was a member of the board of directors, a manager, a secretary or a person holding an office or a position similar to that of a manager or secretary of the body corporate shall be guilty of that offence and shall be liable to the same punishment to which the body corporate is liable under subsection (1) or (3).

 

55C. Defence

It shall be a defence for any person prosecuted pursuant to subsection 55a(3), 55b(5) or 55e(6) if he proves—

(a) that the offence was committed without his knowledge or connivance; or

(b) that he—

(i) took all reasonable precaution; and

(ii) exercised all due diligence,

to prevent the commission of the offence as he ought to have taken and exercised having regard to the nature of his functions in that capacity and to all the circumstances.

 

55E.Occupier not to permit illegal immigrant to enter or remain at premises

(1) No occupier shall permit any illegal immigrant to enter or remain at any premises.

(2) An occupier who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each illegal immigrant found at the premises and, in the case of a second or subsequent conviction, to a fine of not less than ten thousand ringgit and not more than sixty thousand ringgit or to imprisonment for a term not exceeding two years or to both for each illegal immigrant found at the premises.

(3) For the purposes of this section, it shall be presumed, unless the contrary is proved, that an occupier in the case where an illegal immigrant is found at the premises—

(a) had permitted the illegal immigrant to enter or remain at the premises; and

(b) had knowledge that he is an illegal immigrant.

(4) The presumptions in subsection (3) shall not be rebutted unless the occupier proves that he has taken all reasonable measures, including all prescribed measures, to prevent any illegal immigrant from entering or remaining at the premises.

(5) …

(6) Where the offence under subsection (1) has been committed by a body corporate, any person who at the time of the commission of the offence was a member of the board of directors, a manager, a secretary or a person holding an office or a position similar to that of manager or secretary of the body corporate shall be guilty of that offence and shall on conviction be liable to the same punishment to which the body corporate is liable under subsection (2).

(7) In this section, unless the context otherwise requires—

“illegal immigrant”

means a person, other than a citizen, who contravenes section 5, 6, 8, 9 or 15 of this Act or regulation 39 of the Immigration Regulations 1963 [F.L.N. 228/63];

“occupier”

in relation to any premises, means any person having the charge, management or control of the premises;

“premises” includes—

(a) any land, building or part of any building;

(b) any place whether open or enclosed;

(c) any vehicle, vessel or aircraft;

(d) any installation on land, offshore installation, or other installation whether on the bed of or floating on any water; and

(e) any structure movable or immovable.

 


Immigration Act 1959/63

6.Control of entry into Malaysia

(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) (Deleted by Act 27 of 1963).

(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.

 

15.Unlawful entry or presence in Malaysia

(1) Without prejudice to any other provision of this Act prohibiting a person from remaining in Malaysia, a person shall not remain in Malaysia—

(a) after the cancellation of any Permit or Certificate under this Part;

(b) after the making of a declaration under subsection 14(4);

(c) after the expiration of the period of any Pass relating to or issued to him; or

(d) after the notification to him, in such manner as may be prescribed, of the cancellation, under any regulations made under this Act, of any Pass relating to or issued to him,

unless he is otherwise authorized to remain in Malaysia under this Act.

(2) …

(3) (Deleted by Act 27 of 1963).

(4) Any person who without reasonable cause contravenes this section shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

 

kwongwah (13.07.2017): 因聘请非法外劳 4雇主认罪判罚款

enanyang (04.01.2018): 雪州史上第一宗 聘非法外劳 雇主打鞭

 

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55B&E IA: 雇用非法外劳-1