Saifuddin Nasution says the Home Ministry is open to amending the AKPS Act to address Sabah’s concerns while preserving its immigration rights.
KUALA LUMPUR: The Home Ministry is open to amending the Malaysia Border Control and Protection Agency Act 2024 if necessary to address Sabah’s concerns over the implementation of the Malaysian Border Control and Protection Agency (AKPS), Home Minister Datuk Seri Saifuddin Nasution said.
He said the issue was not about whether AKPS should be established, but rather operational details that Sabah had requested to be refined.
“Sabah wants several more fine-tuning processes to be done from the operational aspect.
“If necessary, they have also asked us to look at the need to amend the existing Act to create clearer provisions,” he told the Dewan Rakyat today.
Saifuddin was responding to Datuk Seri Mohd Shafie Apdal (Warisan–Semporna), who asked for updates on AKPS operations in Sabah and Sarawak.
He said the ministry had engaged both state governments prior to the law’s tabling, during which three key assurances were given.
“First, AKPS implementation will not erode any powers of the Sabah and Sarawak governments, including their special rights under the Malaysia Agreement 1963.
“Second, when AKPS operates, it only involves federal agencies. It does not touch staffing or human resource matters under the Sabah and Sarawak governments.
“Third, we will not take any revenue of the Sabah and Sarawak governments at entry points,” he said.
Saifuddin said subsection 6(3) of the Act preserves state immigration powers, including the “not to land” directive issued by the Chief Minister to restrict entry into Sabah.
“Under the current method, the Chief Minister’s Department informs the Sabah Immigration director, and it can then be enforced at the entry point.
“Even with AKPS in existence, that power remains as it is under the current arrangement,” he said.
In his supplementary question, Shafie raised concerns over Sabah’s constitutional rights, possible overlaps with the Immigration Act 1959/63, and whether AKPS would add another administrative layer rather than improving the existing system.
Saifuddin said Putrajaya would continue to respect Sabah and Sarawak’s constitutional rights, stressing that the matter was now operational rather than policy-related.
“The answer is yes. We have repeated this many times.
“If this had not been cleared, the law could not have been tabled and passed. That process has already been completed.
“So this is not a question of policy. It is now only an operational issue,” he said.
He added that Sarawak had not raised issues with AKPS implementation, while discussions with Sabah were ongoing through the Home Ministry.
“Laws are dynamic. When we drafted it, we felt it was the best at the time. But after receiving feedback, is there a need to look at it again? Yes.
“I do not reject that there may be a need to amend several matters in our parent Act. There is no problem doing that,” he said.
On May 13, Sabah Chief Minister Datuk Seri Hajiji Noor said the state government would defer AKPS implementation in Sabah until it receives assurances that its immigration autonomy and special rights would not be affected.
