Malaysia legislation
Section 61
of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007
Section 61
Admissibility of translation of documents
(2)
Subsection (1) shall apply to a document which is translated, regardless of whether the document was made in or outside
Malaysia, or whether the translation was done in or outside
Malaysia, or whether possession of such document was obtained by any enforcement officer in or outside Malaysia.
Admissibility of deposition of trafficked person or smuggled migrant who cannot be found 61a. (1) Notwithstanding anything contained in this Act and any written law to the contrary, where in any proceeding for an offence under this Act a testimony of any person in respect of whom an order of removal from Malaysia has been made by the Director General under section 32 or 33 or subsection 56(2)
of the Immigration Act 1959/63 is required by the court, there shall be admissible in evidence before that court any deposition relating to the subject matter of that proceeding made by that person—
(a)
in Malaysia before a Sessions Court Judge or a Magistrate in the presence or absence of the person charged with the offence; or
(b)
outside Malaysia before a consular officer or a judicial officer of a foreign country in the presence or absence of the person charged with the offence, and any such deposition shall, without further proof, be admitted as prima facie evidence of any fact stated in the deposition.
(2)
It shall not be necessary for any party in any proceeding to prove the signature or official character of the Sessions Court
Judge, Magistrate, consular officer or judicial officer before whom the deposition under subsection (1) was made.
(3)
For the purposes of this section, a reference to—
(a)
a “deposition” includes any written statement made upon oath; and
(b)
an “oath” includes an affirmation or declaration in the case of persons allowed by law to affirm or declare instead of swear.
Anti-Trafficking in Persons and
Anti-Smuggling of Migrants 53
(4)
Nothing in this section shall prejudice the admission as evidence of any other depositions.
Indemnity