1. 7名本地雇主在介于去年10月16日至今年1月5日期间,遭到移民局执法人员取缔时,发现16名非法外劳分别被7名雇主收留。
  2. 这些雇主因收留非法外劳,控上移民局法庭。
  3. 控状指7名被告皆抵触1959/63年移民局法令第55E(1)条文,并可在第55E(2)条文被判刑;罪成可被判罚款不少过5000令吉,或最高3万令吉,或监禁不超过12个月,或两者兼施。
  4. 全部雇主在认罪后,被罚款5000令吉至3万令吉不等。

 

Immigration Act 1959/1963

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) For the purpose of subsection (4), the Minister may by regulations prescribe the measures that are required to be taken by an occupier.

(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.

 

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Illegal Immigrant at Premises 雇主收留非法外劳-18.02.2019