KOTA KINABALU: A Chinese national who pleaded guilty to overstaying in Malaysia was deported three weeks after settling a court-imposed fine, prompting his lawyer calling for clearer information on procedures governing post-sentencing deportation.
Hu Youhui, 31, was detained at Kota Kinabalu International Airport (KKIA) on Jan 5, 2026, while attempting to return to China. He was stopped by Immigration authorities for overstaying his permitted period of stay.
According to court documents, Hu had overstayed for approximately six months. He was subsequently remanded pending investigation under Section 15(1)(c) of the Immigration Act 1959/63.
Counsel Jeremy Ho, who represented Hu, said he came on record during the remand stage and appeared in court on Jan 16, 2026, when the prosecution applied for an extension of remand. The court allowed the remand to continue until Jan 22.
On Jan 22, Hu was formally charged in court and pleaded guilty to the offence. Section 15 provides for a fine of up to RM10,000, imprisonment of up to five years, or both.
The defence sought a fine in lieu of a custodial sentence. The court imposed a RM10,000 fine, which was paid in full on the same day by Hu’s family.
Following payment, Hu was placed at *the Temporary Detention Centre in Menggatal usually referred to as Rumah Merah* pending completion of administrative arrangements related to his deportation.
Hu subsequently departed Malaysia on Feb 10, 2026, on a direct flight to Guangzhou.
Ho said the family had hoped the return process could be completed sooner and had indicated readiness to purchase a return ticket once clearance was granted by the relevant authorities.
“They were prepared to bear the cost of the ticket and were awaiting confirmation on the departure arrangements,” he said at a press conference here on Wednesday.
Ho said enquiries were made with the Immigration Department to better understand the timeline and procedures involved. He was informed that clearance for departure required the necessary approvals in accordance with existing processes.
He stressed that the matter raised was not in relation to the conviction or the sentence imposed, as Hu had admitted the offence and complied with the court’s order.
“The issue we are seeking clarification on concerns the administrative process after the fine has been paid — specifically, the typical timeframe for deportation in cases where no custodial sentence is involved,” he said.
Ho added that clearer public information on post-sentencing procedures would help families better understand the process and manage expectations in similar circumstances.-pr/BNN
