By J. Ligunjang JP, Former State Assemblyman
KOTA KINABALU: I welcome and support Chief Minister Datuk Hajiji Hj Noor and the State Cabinet’s decision to defer implementation of the AKPS in Sabah.
This measured step protects our constitutional rights and MA63‑based immigration autonomy while the operational architecture of the new agency is clarified.
Act 860 (Malaysian Border Control and Protection Agency Act 2024) establishes the AKPS and contemplates its presence at state entry points. Subsection 6(3), however, appears to limit direct state control by channelling interaction solely through the Sabah Director of Immigration.
By contrast, Act 155 (Immigration Act 1959/63) and the Malaysia Agreement 1963 (MA63) expressly recognise Sabah’s and Sarawak’s special immigration arrangements and autonomy. Any federal measure that narrows or dilutes these arrangements risks raising serious constitutional and MA63‑related concerns.
There is also a real danger that inconsistencies between Act 860 and Act 155 will create operational confusion, overlapping authority, and legal disputes over enforcement powers at Sabah’s borders.
This pause is therefore about legal certainty, operational integrity, and public trust. We welcome calm, constructive, and time‑bound engagement with the federal government, including:
– a joint legal review of Act 860 vis‑à‑vis Act 155 and MA63;
– clear, written operational protocols that preserve Sabah’s statutory role at all entry points;
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– explicit assurances safeguarding MA63‑based protections; and
– agreed dispute‑resolution mechanisms to address future jurisdictional conflicts.
We fully support effective national border security — but not at the expense of Sabah’s constitutional safeguards and MA63 rights. We urge calm, cooperation, and swift negotiations to secure our borders while firmly respecting Sabah’s position within the Federation of Malaysia.
