Malaysia legislation
Section 51
of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007
Section 51
(a)
an enforcement officer shall investigate into the circumstances of the person’s case for the purpose of determining whether the person is a trafficked person under this Act;
and
(b)
a Protection Officer shall enquire into the background of that person.
(2)
Upon completion of the investigation and enquiry under subsection (1), the enforcement officer and the Protection Officer shall jointly prepare a report and produce the report together with the person before a Magistrate’s Court for the purpose of satisfying the Magistrate that such person is a trafficked person under this Act.
(3)
Where the Magistrate, having read the report produced under subsection (2), is satisfied that the person brought before him—
(a)
is a trafficked person and in need of care and protection, the Magistrate may make a Protection Order—
(i)
in the case of a trafficked person who is a citizen or permanent resident of Malaysia, ordering that such trafficked person be placed in a place of refuge for a period not exceeding three months from the date of the order; or
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Anti-Smuggling of Migrants 45
(ii)
in the case of a trafficked person who is a foreign national, ordering that such trafficked person be placed in a place of refuge for a period not exceeding three months from the date of the order, and thereafter to release him to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63,
(b)
is not a trafficked person, the Magistrate may—
(i)
in the case of a person who is a citizen or permanent resident of Malaysia, order that person to be released; or
(ii)
in the case of a person who is a foreign national, order that person to be released to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63.
(4)
The Magistrate may at any time, on the application of an enforcement officer or a Protection Officer, as the case may be, extend or revoke the Protection Order made under this section.
(5)
Notwithstanding subsection (4), where the trafficked person is a foreign national, an extension of the Protection Order may be granted only for the purpose of completing the recording of his evidence under section 52, the recording of deposition for the purposes of section 61a or for any exceptional circumstances as determined by the Magistrate.
(6)
Nothing in this section shall prejudice any prosecution of an act of trafficking in persons under this Act.
Permission to move freely and to work 51a. (1) Subject to any regulations made under section 66, any person to whom an interim protection order has been granted, or any trafficked person to whom a Protection Order has been granted, may be given permission by the Council—
(a)
to move freely; or
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(b)
to be employed, engaged or contracted with to carry out work in any occupation during the period of the interim protection order or Protection Order, as the case may be.
(2)
A foreign national who is granted permission to work under subsection (1) shall be subject to any restrictions and conditions as may be imposed by the relevant authorities relating to employment of foreign nationals in Malaysia.
Recording of evidence of trafficked person