Immigration Department director-general Sakib Kusmi must explain clearly which legal provision allows him to bar critics of the government from leaving the country, lawyer Eric Paulsen says.

"The director-general must show us the legal provision. I don't think there is such a general and vague provision such as 'someone who is dangerous on the advice of the police'.

"Unless the director-general can show us the provision, the assumption must be that he just made it up," Paulsen told Malaysiakini.

He was commenting on Sakib's remarks yesterday that the law gave him discretionary powers to decide if government critics can leave the country.

Sakib also said that he acted on advice from other enforcement agencies, such as the police.

"For example, if the police say someone is dangerous, even though it (the matter) has not gone to court yet, we can take action," the immigration chief said.

DG holds powers to bar entry

Section 3(2) of the Immigration Act states that the "director-general shall have the general supervision and direction of all matters relating to immigration throughout Malaysia".

The act also states that the immigration chief is given powers to bar entry into Malaysia, but there is no specific provision on leaving the country.

However, Gerakan Youth deputy chief Andy Yong (photo) said the language of Section 3(2) is vague enough to allow an immigration director-general to interpret it widely.

"He can argue that it is up to him, even though there is no specific law," Yong said.

He said the time has come for Parliament to review that clause to prevent any abuse of power.

Yong, who is also a lawyer, added that Section 59(a) of the Immigration Act, which says the immigration chief's decisions cannot be challenged in court, should also be reviewed.

The issue of government critics being barred from leaving the country came to light after Bersih chairperson Maria Chin Abdullah was denied exit.

Deputy Home Minister Nur Jazlan Mohamad said this ban only applied to those who violated the Federal Constitution, for example by being seditious or by stoking racial hatred.