RANAU: Visitors who deliberately refuse to leave a restricted trail after being informed that entry requires permission will be viewed as criminal behaviour.
Ranau Police Chief Supt Mursalin Mahmud said repeat unauthorised entry into Aki Aki Trail in Kundasang could cross the line from unauthorised entry into a criminal matter.
He said warning signs are particularly important as they could establish that an individual had already been notified that entry was prohibited.
He gave the example of a tourist who entered a trail, sees a warning sign, is subsequently informed by management that permission is required and is instructed to leave, but deliberately refuses and continues to remain in the area.
Such circumstances, he said, could amount to circumstantial evidence relevant to establishing intent.
“Section 447 of the Penal Code provides punishment for criminal trespass of up to six months’ imprisonment, a fine of up to RM3,000, or both,” he said.
Mursalin said the provision applies equally to Malaysians and foreigners.
“An additional provision could apply where the location concerned forms part of a Park or Nature Reserve governed by the Parks Enactment 1984.
“Section 48(1)(p) prohibits entry into parts of a Park or Nature Reserve other than areas developed for public use, subject to provisions and exemptions under the Enactment.
“A first offence can carry imprisonment of up to one year, a fine of up to RM50,000, or both,” he said.
Mursalin also confirmed that Kundasang police station received a report concerning an unauthorised entry incident at 8.56am on Sept 9.
The case, recorded under Kundasang Report 872/2026, was investigated under Section 447 of the Penal Code.
He said the investigation paper was referred to the Sabah Attorney-General’s Chambers on Sept 15, after which instructions were received for a suspect to be charged under Section 447 and Section 48(1)(p) of the Parks Enactment.
Mursalin did not identify the suspect in his response.
Daily Express reported on Sept 13 that Aki Aki Trail management had been facing repeated unauthorised entry despite warning signs erected at the trail.
Aki Aki Trail Deputy Chairman Hanson Juhili said such incidents had occurred since 2021, sometimes once or twice a week, with most cases encountered involving foreign tourists.
Management was particularly concerned about the safety implications should an unauthorised and unregistered visitor become lost, injured or require rescue without anyone knowing the person had entered the trail.
Mursalin advised trail operators and communities facing similar problems to preserve evidence that could assist police investigations.
“This includes documents establishing the status of the area or authority to manage the trail, photographs showing warning signs and their locations, CCTV or mobile phone footage, photographs of the individuals involved and witness details.
“Management should also record when an individual was clearly informed that entry was prohibited and instructed to leave, as well as the person’s response and subsequent actions.
“Where lawfully obtained, information such as the individual’s name, nationality and passport details, the guide involved, vehicle registration number and relevant booking or package records could also assist investigators,” he said.
Mursalin cautioned guides and trail management against resorting to unnecessary force when dealing with uncooperative visitors.
“They should first clearly and calmly instruct the individual to leave.
“If the situation becomes tense, there are threats, fighting, damage to property or the individual continues to refuse to leave, management can seek assistance from the police.
“The safety of visitors, guides and management should remain the priority,” he said.
