KDN urged to review Regulation 39(b), Oscar Ling says bureaucracy is driving up government costs

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Oscar Ling (centre) poses for a photo with Davies Julot (second from left) and Douglas (left) during a courtesy visit to discuss the implementation of Regulation 39(b) under the Immigration Regulations 1963 and the need to review bureaucratic procedures related to the recruitment of foreign workers.
Oscar Ling (centre) poses for a photo with Davies Julot (second from left) and Douglas (left) during a courtesy visit to discuss the implementation of Regulation 39(b) under the Immigration Regulations 1963 and the need to review bureaucratic procedures related to the recruitment of foreign workers.

Sibu: Sibu MP Oscar Ling Chai Yew has urged the government to review Regulation 39(b) of the Immigration Regulations 1963, arguing that the provision is no longer aligned with current realities.

He said the regulation restricts the approved workplace locations for foreign workers, resulting in enforcement actions and fines for workers found working at locations other than those approved, even when they remain employed by the same employer.

According to Ling, the situation not only creates difficulties for employers but also increases enforcement costs borne by the government, including the provision of food and accommodation for individuals detained during enforcement.

“If the violation is merely a minor technical offence, a more flexible and pragmatic approach should be considered instead of unnecessarily complicating the entire process,” he said.

Ling made the remarks after paying a courtesy visit to Sibu Immigration Division Chief Davies Julot and Sibu Immigration Enforcement Division Chief Douglas recently to obtain clarification on issues related to violations of Regulation 39(b) detected during recent enforcement operations.

He said the demand for foreign workers has increased significantly in line with changing economic conditions. Therefore, the recruitment process should be made more transparent and streamlined so employers can submit applications more quickly and efficiently.

Ling also stressed that laws enacted decades ago should be reviewed and updated to reflect present-day needs so that they do not become an unnecessary burden on employers and enforcement agencies.

He added that a more pragmatic approach would help reduce the perception that the government is placing excessive burdens on employers in implementing laws governing foreign workers.

Ling said he intends to raise the issue of Regulation 39(b) of the Immigration Regulations 1963 in the upcoming Parliament sitting and will call on the Ministry of Home Affairs (KDN) to re-examine the provision and the bureaucratic hurdles arising from its implementation.