“Counter-setting” refers to the corrupt practice of allowing travellers to bypass standard immigration checks at the country’s entry points.

T Harpal Singh said the Act does not list the duties that immigration officers are expected to carry out, such as verifying passports and visas, and checking whether travellers are blacklisted.

“If these verification processes are laid down in the Act, then failure to comply can be tantamount to an offence, and action can be taken,” he told FMT when contacted.

In the absence of such provisions, officers are only expected to conform to the department’s standard operating procedures (SOPs).

“Non-compliance with SOPs only results in (internal) disciplinary action,” he said.

Checks by FMT confirm that the Act does not explicitly list the duties of officers.

However, Part IV of the Act, titled “Procedure on arrival in Malaysia”, outlines their powers, including the power to —

• examine arriving persons;
• refer those with questionable entry rights to immigration detention depots for further assessment;
• prevent unlawful landings; and
• seize, detain and forfeit vessels, vehicles or aircraft.

Harpal called for the Act to be amended, noting that promised reforms have repeatedly stalled under previous administrations.

He also called for upgrades to airport data infrastructure, including robust passport verification and passenger tracking systems designed to prevent immigration officers from circumventing procedures and engaging in counter-setting.

Harpal was responding to remarks made by immigration director-general Zakaria Shaaban last week that counter-setting remains prevalent despite disciplinary action against implicated officers.

“If action is left solely to the immigration department, officers will merely be transferred and cases quietly closed. But if their cases are handled by the MACC or police intervene, they can be arrested and charged,” he said.

On Sept 18, Zakaria said his department had uncovered a cartel in which senior officers would recruit new staff for counter-setting activities, offering them lucrative rewards.

He said counter-setting activities were first uncovered within the department in 2017, with newly appointed officers who declined to participate facing boycotts and isolation.

Not true immigration dept can’t charge officials

Harpal dismissed Zakaria’s complaint that the department cannot go beyond disciplinary action against officers engaged in counter-setting, saying such activities may constitute trafficking in persons.

If so, errant officers may be charged under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, he added.

Harpal said the department has specialised units that deal with trafficking in persons and money laundering laws which empower the arrest of those involved in related crimes.

Separately, an immigration officer turned lawyer also called on the government to draw up a bold civil service policy mandating that officers convicted of criminal offences be mandatorily discharged from service.

The lawyer, who requested anonymity, also suggested that suspended officers be barred from promotion and relieved from “sensitive” posts, if reinstated.

“There should be an independent integrity tribunal under Parliament, not under the same agencies.

“The government should also restructure salaries and career pathways to professionalise the service, reduce vulnerabilities, and tie integrity to promotion prospects,” he said.