Section 43 — JUVENILE COURTS ACT 1947

(a)

sells, lets for hire or otherwise disposes of, or buys or hires or otherwise obtains possession of, a child with intent that the child is to be employed or used for the purpose of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used;

(b)

procures a child for purposes of prostitution or for the purposes of having sexual intercourse with any other person, either within or outside Malaysia;

(c)

by or under any false pretence, false representation, or fraudulent or deceitful means made or used, either within

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or outside Malaysia, brings or assists in bringing into, or takes out of or assists in taking out of, Malaysia, a child with intent that the child is to be employed or used for purposes of prostitution, either within or outside Malaysia, or knowing or having reason to believe that the child will be so employed or used;

(d)

brings into Malaysia, receives or harbours a child knowing or having reason to believe that the child has been procured for purposes of prostitution or for the purposes of having sexual intercourse with any other person or for immoral purposes, either within or outside Malaysia, and with intent to aid such purpose;

(e)

knowing or having reason to believe that a child has been brought into Malaysia in the circumstances as set out in paragraph (c) or has been sold, let for hire, or hired or purchased in the circumstances as set out in paragraph (a), or in contravention of any other written law receives or harbours the child with intent that he is to be employed or used for purposes of prostitution either within or outside

Malaysia;

(f)

detains a child in a brothel against the child’s will;

(g)

detains a child in any place against the child’s will with intent that the child is to be employed or used for purposes of prostitution or for any unlawful or immoral purpose;

(h)

by means of any advertisement or other notice published in any manner or displayed in any place offers a child for purposes of prostitution or seeks information for that purpose or accepts such advertisement or notice for publication or display;

(i)

acts as an intermediary on behalf of a child or exercises control or influence over the movements of a child in such a manner as to show that the person is aiding or abetting or controlling the prostitution of that child;

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(j)

engages or hires, for any valuable consideration, a child to provide services for that person’s sexual gratification;

(k)

attempts to do any act in contravention of this section, commits an offence and shall on conviction—

(aa) in the case of offences under paragraphs (a) to (h) or paragraph (k), be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding fifteen years or to both; and

(bb) in the case of an offence under paragraph (i) or (j), be liable to a fine not exceeding fifty thousand ringgit and to imprisonment for a term of not less than three years but not more than fifteen years and shall also be punished with whipping of not more than six strokes.

(2)

Any person who is convicted of a second or subsequent offence—

(a)

under paragraphs (1)(a) to (g) or paragraph (1)(k), shall be liable to whipping of not more than ten strokes; and

(b)

under paragraphs (1)(i) or (j), shall be punished with whipping of not less than six strokes but not more than ten strokes, in addition to any term of imprisonment imposed in relation to such offence.

(3)

Sections 173A and 294 of the Criminal Procedure Code shall not apply in respect of offences under paragraphs (1)(i) and (j).

Presumptions relating to section 43