KOTA KINABALU: The Sabah government has decided to delay the implementation of the Border Control Enforcement Agency (AKPS) policy in the state.
Chief Minister Datuk Seri Hajiji Noor said that this postponement will remain in effect until there is assurance that there will be no erosion of the special rights and autonomous powers of Sabah’s immigration and the State Authority.
“The Sabah Cabinet meeting has reviewed current issues regarding the implementation of AKPS in Sabah, noting that there are elements that could undermine the powers and special rights of Sabah’s immigration through the legal and operational framework of immigration.
“The implementation of AKPS will take over the role of the Sabah State Immigration Department at the entry points of Sabah, where the State Authority does not have direct control over AKPS but only through the Sabah State Immigration Director as stipulated under subsection 6(3) of the Malaysian Border Control and Protection Agency Act 2024 [Act 860].
“Additionally, the Sabah State Government has identified discrepancies between Act 860 and the Immigration Act 1959/63 [Act 155] that could hinder the smooth and effective enforcement of duties at the entry points of Sabah,” he said in a statement here on Wednesday.
Hajiji emphasised that the autonomous immigration powers for Sabah and Sarawak are non-negotiable, as the establishment of Malaysia under the Malaysia Agreement 1963 (MA63) is subject to the enactment of the autonomous immigration powers of Sabah and Sarawak.
Therefore, Hajiji said this measure is to ensure the constitutional safeguard of Sabah’s position is always preserved.
