Malaysia legislation

Section 44

of CHILD ACT 2001

Section 44

For the purposes of section 43, it shall be presumed until the contrary is proved that a person—

(a)

who takes or causes to be taken into a brothel a child has disposed of the child with the intent or knowledge mentioned in paragraph 43(1)(a);

(b)

who receives a child into a brothel or harbours a child in a brothel has obtained possession of the child with the intent or knowledge mentioned in paragraph 43(1)(a);

(c)

has detained a child in any brothel or in any place against the child’s will if, with intent to compel or induce him to remain in the brothel or the place, that person—

(i)

withholds from the child any wearing apparel or any other property belonging to the child or any wearing apparel commonly or last used by the child;

WJW22/0178 BI.indd 69 04/08/2023 3:33 PM

(ii)

threatens the child with legal proceedings if the child takes away any wearing apparel or any other property which has been lent or hired out or supplied to the child;

(iii)

threatens the child with legal proceedings for the recovery of any debt or alleged debt or uses any other threat; or

(iv)

without any lawful authority detains the child’s identity card issued under the law relating to national registration or the child’s passport.

Placement pending proceedings

Section 44 — AKTA KANAK-KANAK 2001 | mylaw.my