Malaysia legislation

Section 53

of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007

Section 53

(2)

The parent, guardian or relative of the trafficked person shall serve a copy of the application to the Protection Officer.

(3)

Upon receipt of an application under subsection (2), the

Protection Officer shall cause a report to be prepared in relation to—

(a)

the trafficked person;

(b)

the status of any investigation or prosecution for any offence under this Act in relation to the trafficked person;

(c)

the background of the trafficked person, his parent, guardian or relative; or

(d)

any other matter as the Protection Officer deems relevant, to enable the Magistrate to determine the application in the best interest of the trafficked person.

(4)

The Magistrate shall, upon receipt of the application, fix a date for the hearing of the application, and shall, by notice in writing, inform the parent, guardian or relative of the trafficked person, as the case may be, the Protection Officer or other person the Magistrate deems fit, and shall require the production of the trafficked person before him on the appointed date.

Act 670

(5)

After hearing the application and having read the report of the Protection Officer, and if the Magistrate is satisfied that it is in the best interest of the trafficked person, he may—

(a)

commit the person into the care and protection of the parent, guardian or relative of the person, upon such conditions as he may deems fit to impose;

(b)

require the parent, guardian or relative of the person to enter into a bond; or

(c)

require the person to be placed under the supervision of a Protection Officer, for a period to be determined by the Magistrate.

(6)

The Magistrate may, at any time, revoke any order made under subsection (5).

Release of trafficked person