Foreign Worker: Frozen Account And Deportation Fears

Frozen account as a foreign worker: will I be deported?

A frozen account is a criminal matter first. Whether it affects your immigration status is a separate question, decided by the authorities through their own process. Nobody can promise whether you will or will not be sent home, so deal with the criminal case first, because that is what the freeze is about.

How the freeze happens

Section 116D of the Criminal Procedure Code lets a police officer of Sergeant rank or above freeze an account at once, without a court order ^[f2]. The officer only needs to suspect the account is linked to crime. It can happen to anyone, including foreign workers, and it can happen before the police contact you.

A freeze is a step in an investigation, not a finding that you are guilty. It means the police have questions about the account, and those are the questions to prepare for.

What the law punishes

One possible charge is section 424B of the Penal Code: giving another person control of your own account without lawful authority or lawful purpose. The penalty is a fine of RM10,000 to RM100,000, or 1 to 7 years in jail, or both ^[f1].

Some foreign workers are recruited or tricked into handing over an account. A lawyer defending you will look closely at how you were approached, because what you knew and why you did it matter to your defence.

Your rights and where to get help

If you are arrested, Article 5(3) of the Federal Constitution says you shall be allowed to consult and be defended by a lawyer of your choice, whatever your nationality ^[f3]. You can also ask for advice before you give a detailed statement.

If you cannot afford a lawyer, the Legal Aid Department and YBGK help Malaysian citizens, and non-citizens can ask a Bar Council Legal Aid Centre ^[f4]. Keep your employment and bank records together so your side can be explained clearly.

What to do now

What you knew and why you did it matter to your defence ^{[f1] [f2]}. Your immigration status is decided separately.

Get advice before you give a detailed statement, and keep your documents. A lawyer can explain what the police are likely to ask and help you tell your side clearly.

Sources

1. https://www.lawnet.com.my/penal-code
2. https://www.parlimen.gov.my/
3. https://www.lawnet.com.my/federal-constitution
4. https://www.jbg.gov.my/