Replace Sabah Immigration Director
Published on: Sunday, January 19, 2020
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THE Law Minister recently announced that he is proposing to revive the Tourist Court and the creation of a Children Court. 

Both these are not necessary for the following reasons:

l The number of abused children is very small;

l The number of tourists committing wrong doings is also very small;

l The recent tourists entry without chops is not the fault of the tourists. It is due to Immigration Officers negligence. Therefore, these tourists were wrongly persecuted; 

l The entry points is KL or KK not Tawau;

l Out of the 10 provided Immigration arrival counters, normally only 2 or 3 counters are opened, the rest are vacant. Visitors need hours to clear their passports.

l These tourists have proved to be legally entering through Kl or KK based on their flights manifest, and not across the border from Pensiangan (Malaysia/Indonesia).

l Malaysia has sufficient Courts and Judges to handle cases. However, what the Minister should focus on is the period it takes to hear a Civil Case. Normally, small claims will take weeks and years to settle. The reason for this long period is due to:

l Lawyers keep asking for postponements;

Lawyers asking Witnesses unnecessary and irrelevant questions – such as “why are you wearing a red shirt to Court?” or “Where did you have breakfast this morning?” and so on.

What the Minister should do is to introduce FEES on all Civil Cases. The FEES can be based on the claim amount. Suggest the following FEES:

l For each Postponement – 5pc of the amount of claims;

l For the hearing – 10pc for every hour of Court time taken.

With the introduction of FEES for both postponements and time wasting by lawyers on both sides, will no doubt reduce unnecessary delay. 

The Courts will get to hear more cases instead of wasting everybody’s time. Malaysian Judges are very simple and humble. In the name of being fair and just, judges have allowed postponements whenever requested by lawyers and unnecessary and irrelevant questions. Lawyers have even asked for a postponement based on the need to study the papers and so on.

By right the Immigration Director would be transferred out if this happened during the Berjaya administration of Tan Sri Harris Salleh because it happened 20 times according to the China consulate office and the poor Chinese tourists came to sample our detention facilities instead of Sabah’s natural beauty.

Harris has ordered contractors to leave the state for wasting public funds and corruption. Sadly he was the last of his kind. Which is why Sabah went downhill after the Berjaya government was replaced.

All that the state Immigration Department Director has offered were excuses and shifting blame. He couldn’t even explain why he applied one set of laws to Indonesian and Japanese tourists and another for Chinese tourists for the same mistake. This snacks of selective persecution and even being racists.

n Lebih Lawyer Buruk (LLB)





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