Page:Agreement relating to Malaysia (1963).djvu/178



4. (1) Without prejudice to the general operation of the Immigration Application Ordinance, 1959 (in the Borneo States as in other parts of the Federation) as a general law for the Federation as a whole, that Ordinance shall also have effect, subject to and in accordance with this Part of State as this Act, as a special law for each of those States as if for any reference to the Federation (except in a reference to a Government in the Federation or to a citizen of the Federation) there were substituted a reference to the Borneo State.


 * (2) Regulations under section 54 of the Immigration Ordinance, 1959, and orders under section 55 (exemptions) of that Ordinance, may make special provision as regards a Borneo State for the purposes of the Ordinance as a special law for that State; and no such regulations shall be made or have effect so as to prejudice the powers conferred by this Part on the authorities of the State.


 * (3) If in a Borneo State there is no Controller, there shall be a Deputy Controller having all such authority to exercise the powers and discretions vested in the Controller by the Immigration Ordinance, 1959, and discharge the duties required to be discharged by him, as may be necessary for the purpose of giving effect to that Ordinance as a special law for the State.


 * (4) In the operation of the Immigration Ordinance, 1959, as a special law for a Borneo State, it shall have effect subject to the following modifications:—


 * (a) section 9 (which confers on the Minister a general power to limit entry into the Federation) and section 46 (which relates to repatriation) shall not apply; and


 * (b) references to a Permit or Pass shall mean a Permit or Pass to enter the Borneo State.


 * (5) Notwithstanding anything in the foregoing provisions of this section, the powers and discretions vested in the Controller by the Immigration Ordinance, 1959, as a special law for a Borneo State shall not be exercised by him so as to exclude or remove from the Borneo State a person entitled to be in the Federation outside the Borneo State, except with a view to making effective the powers conferred by this Part on the authorities of the State; and no such person shall in the exercise of those powers be required to leave and depart from the Federation nor, without his consent, be removed from the Federation.

5. (1) In exercising his powers under the Immigration Ordinance, 1959, as a special law for a Borneo State the Controller shall comply with any directions given to him by the State authority, being directions—


 * (a) requiring him not to issue a Permit or Pass, or a specified description of Permit or Pass, to any specified person or