The pain of the denial of my entry into Sarawak

I, Wong Chin Huat, as a member of the Electoral Reform Committee (ERC) leading its clusters on electoral system and constituency delimitation, landed at Kuching International Airport about 3.50pm on Nov 14, 2019 (Thursday).

I was to participate as speaker, moderator and overall planner for the “Mixed Member Proportional (MMP) and Constituency Delimitation: Experiences of Germany and New Zealand for Malaysia’s Reference” (hereafter “the MMP and Delimitation Workshop”) co-organsied by the ERC, Coalition for Clean and Fair Elections (Bersih 2.0) and Engage, a NGO for democracy and human rights, in Pullman Hotel, Kuching on the next day. My scheduled return was by AirAsia at 2010 on November 15, 2019 (Friday).

I was denied entry by the Sarawak state government despite my intended entry was for “the purposes of the federal government”, as stipulated by Section 68 of the Immigration Act. Letters have been sent to request for my entry. In my agony, Deputy Minister in the Prime Minister’s Department Hanipa Maidin had issued a letter of support for my entry at around 7.20pm. In the process of appealing against the state’s decision, I developed a severe headache and found that my blood pressure spiked to 194/110 by 7.20pm.

My request to be examined and treated by a medical doctor was ignored by Sarawak Immigration Department officers, who willfully ignored the risk of my health to board a 110-minute flight in hypertension. Through the compassionate intervention of Health Minister Dr Dzulkefly Ahmad, I was finally treated by a doctor from the Kuching General Hospital at around 9.45pm. My blood pressure had shot up to 231/114 and 222/123 in the two readings subsequently measured by the doctor.

Despite the acute condition, the Immigration Department officers rejected the doctor’s suggestion for me to be hospitalised for treatment and observation. Through the compassionate intervention of Public Works Minister Baru Bian (photo, below), a special pass for hospitalisation was finally issued to me, around 11pm. I was admitted at Kuching General Hospital at around 11.30pm. Thanks to the routine check-up and careful treatment by doctors and nurses at the Hospital, my medical emergency has since eased.

Issue 1

Is the Sarawak state government exercising its immigration power transparently, rationally and in good faith?

Originated in the 1962 Inter-Governmental Committee (IGC) report and created by the 1963 Malaysia Agreement, internal immigration power was granted to Sabah and Sarawak on entry of both Malaysians and foreigners to their state. The power is provided under Part VII (Sections 62-74) of the Immigration Act.

Guarding against influx of economic migrants from Malaya and Singapore, the immigration power for Sarawak aims to ensure job security of ordinary Sarawakians, not to protect Sarawakian political elites from check and balance from the citizenry or the federal government. This explains why categorical exception to the state’s immigration power is made for citizens and lawmakers of Sarawak, federal ministers and judges (Section 66), those who enter to exercise political right (Section 67) and those who enter for purposes of Federal Government (Section 68).

I support fully Sarawak and Sabah’s internal immigration power for the purpose of economic protectionism, until a better alternative is found, but such power must be exercised transparently, rationally and in good faith.

The Sarawak government should make public its consideration in denying entry of every person, so that its rationale will be appreciated, and its intended effect achieved with public consensus in Sarawak, if not also in Malaysia.

I was served a “Notice of Refusal of Entry” which merely states “This serves to notify you that pursuant to Section 65(1)(a) of the Immigration Act 1959/63, the State Authority has directed that no pass be issued to you to enter the State of Sarawak and such pass is required under the Section 66 for you to enter the State.” (See below)

The Sarawak government should have the audacity to explain to the public of Sarawak and Malaysia why I should be denied entry. Given that the ERC has sent two letters applying for my entry with details of the MMP and Delimitation Workshop, the Sarawak government surely has its good reasons why my participation in this workshop is harmful to the best interests of Sarawak people and government, if it has not acted arbitrarily or in bad faith. I was permitted entry to Sarawak in August 25-30 of 2019 to participate programmes organised and co-organised by the ERC. The state government must explain to the public what has changed over the span of three months or what in the MMP and Delimitation workshop that makes my entry this time threatening.

I respectfully invite Chief Minister Abang Johari Openg (photo), the “State Authority” defined in the Immigration Act, to offer the public of Sarawak and Malaysia the justification for the denial of my entry into the state on Nov 14. This will dispel any question as to whether the chief minister acted arbitrarily and in bad faith, abused his power under the Immigration Act, dishonoured the sacrosanct Malaysia Agreement 1963 and undermined the legitimacy of Sarawak’s immigration power.

Issue 2

What is the Sarawak Immigration Department’s Standard Operating Procedure (SOP) in treating persons in a medical emergency?

While Muhammad Shairazi bin Nawawee, the deputy assistant director of Immigration Sarawak and his officers have treated me courteously and civilly, which I fully appreciate, I must question whether how my medical emergency was handled is in line with the Sarawak Immigration Department’s standard operating procedure (SOP).

To be specific, my questions are:

(a) Must persons denied entry be put on the next returning flight even if they are not fit to fly?

(b) Can persons denied entry be denied the right for immediate and adequate medical treatment when they experience blood pressure as high as 194/110?

(c) Can persons denied entry be denied hospitalisation when they experience blood pressure as high as 231/114 and 222/123, overruling the professional opinion of the medical doctor examining such persons?

These questions are of utmost importance as the positive answers may result in death, stroke or other irreversible damage to the persons concerned. If these questions are beyond Muhammad Shairazi’s jurisdiction, then they must be answered by the director of Immigration Sarawak,  Ken Leben (on right in the photo above), or Chief Minister Abang Johari who, by law, may instruct the director.

Before any death or irreversible damage to life, peace-loving Sarawakians and Malaysians deserve to know if the enforcement of Sarawak’s immigration power is absolute, even if human lives are at risk? No damages will make good for those who lose their life or meaningful living or their families.

I read with utter disbelief the report by Free Malaysia Today dated Nov 15, 2019, titled “Sarawak denies activist refused medical attention at airport”.

“[A spokesman who requested anonymity] said Wong “refused to take any medicine” after being referred to a medical officer.

“He then called his contacts in KL to get a hospital to send an ambulance.

“The immigration then offered a one-day pass, with a strict condition that he remain at the general hospital for a check-up,” the source added.

“He refused to go. So he will be staying at the airport overnight (Thursday) and a doctor is coming to take a look at him.”

These are utter lies to paint the victim of their negligence and inhuman treatment as self-inflicting his medical emergency.

First, the medical assistant (there was no medical officer in the airport then) who checked my blood pressure did not offer me medicine as I requested to see a doctor. I later found my own medication and took a pill of 5mg amlodipine (which I took in the morning) but it was effective to bring down my blood pressure.

Second, an Immigration officer named Amirrul warned me between 9pm and 10pm that if the doctor determined that I was not fit to fly, I would be placed in a room in the Immigration Department for the night.

When the doctor from Kuching General Hospital requested for me to be admitted after confirming my medical crisis, his request was denied by the Immigration officers. My hospitalisation was made possible only through the timely intervention of Minister Baru Bian.

To claim that I was offered but refused “a one-day pass” when I had been seeking medical treatment in vain for more than two agonising hours from 7.20pm that day is a vicious lie devoid of any honour.

I call upon Ken Leben to categorically confirm or deny the allegations made by the anonymous spokesperson of Sarawak Immigration Department. His silence will be deemed as permitting such allegations. As I respect the media’s right to protect their source, I will take Datu Ken Leben’s word as final. I hope the media will reach him for a statement he will stand by. I shall decide my next step of action after his.

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WONG CHIN HUAT is a member of the Electoral Reform Committee; resource person for the Coalition for Clean and Fair Election (Bersih 2.0); and chairperson, of the NGO Engage. - Mkini