Chief minister Hajiji Noor said the state Cabinet has identified a potential erosion of Sabah’s constitutional powers and special immigration rights arising from the legal and operational framework of AKPS’s enforcement.
In a statement today, Hajiji said AKPS is intended to assume the role currently carried out by the Sabah immigration department at entry points into the state.
However, he said, the state would not have direct control over AKPS under the proposed structure.
Instead, it would only exercise indirect oversight through the Sabah immigration director as provided for under Section 6(3) of the Malaysian Border Control and Protection Agency Act 2024 (AKPS Act).
Hajiji also raised concerns over inconsistencies between the AKPS Act and the Immigration Act 1959/63, saying these discrepancies could affect enforcement at Sabah’s entry points.
“It must be stressed that Sabah and Sarawak’s immigration autonomy is non-negotiable,” he said.
“The formation of Malaysia under the Malaysia Agreement 1963 (MA63) is expressly subject to the recognition of Sabah and Sarawak’s autonomous powers over immigration.
“Therefore, the Sabah state government has decided to defer AKPS’s implementation until assurances are obtained that there will be no erosion of the state’s special rights and autonomous powers over immigration, as well as the authority of the state government in this matter.
“This is to ensure that the constitutional safeguards regarding Sabah’s position on immigration remain fully protected at all times,” he said.
Earlier today, two Warisan assemblymen warned that the AKPS Act may progressively weaken Sabah’s special immigration powers under MA63.
Kapayan assemblyman Chin Tek Ming and Tungku assemblyman Assaffal Alian echoed concerns previously raised by the Sabah Immigration Officers Services Union over the potential impact that AKPS would have on Sabah’s autonomy and border control authority.
Deputy home minister Shamsul Anuar Nasarah previously said the enforcement of the AKPS Act from Jan 1 last year would not undermine the autonomous powers of Sabah and Sarawak.
He said that under Section 6(3) of Act 860, AKPS is required to adhere to instructions from state authorities on matters involving entry point controls, reported The Star.
AKPS is a federal enforcement agency established to centralise border control functions previously handled by multiple agencies at land, sea, and air entry points.
Its main responsibilities include immigration control, customs coordination, security screening, and enforcing laws governing the movement of people and goods across borders.