Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part V
51. Investigation, enquiry and Protection Order
Official textFrom Laws of Malaysia Online, unchanged
Where an interim protection order is made under subsection 44(2), within twenty-one days from the date of such order—
Protection Order
“Protection Order” means an order made by a Magistrate for the care and protection of a trafficked person under paragraph 51(3)(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
a Protection Officer shall enquire into the background of that person.
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.
enforcement officer
“enforcement officer” means any officer specified in subsection 27(1) or any public officer appointed under subsection 27(1a);
Where the Magistrate, having read the report produced under subsection (2), is satisfied that the person brought before him—
is a trafficked person and in need of care and protection, the Magistrate may make a Protection Order—
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
Anti-Trafficking in Persons and
Anti-Smuggling of Migrants 45
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,
is not a trafficked person, the Magistrate may—
in the case of a person who is a citizen or permanent resident of Malaysia, order that person to be released; or
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.
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.
Protection Officer
“Protection Officer” means any officer appointed under section 43;
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.
trafficked person
“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
Nothing in this section shall prejudice any prosecution of an act of trafficking in persons under this Act.
trafficking in persons
“trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power; (f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;
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—
Council
“Council” means the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants established under section 6;
to move freely; or
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.
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.
Terms defined in s 2
Council
Defined · s 2“Council” means the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants established under section 6;
enforcement officer
Defined · s 2“enforcement officer” means any officer specified in subsection 27(1) or any public officer appointed under subsection 27(1a);
immigration officer
Defined · s 2“immigration officer” has the same meaning assigned to it by the Immigration Act 1959/63;
permanent resident
Defined · s 2“permanent resident” has the same meaning assigned to it by the Courts of Judicature Act 1964;
place of refuge
Defined · s 2“place of refuge” means a place of refuge declared by the Minister under subsection 42(1) of this Act. Scope of application
Protection Officer
Defined · s 2“Protection Officer” means any officer appointed under section 43;
Protection Order
Defined · s 2“Protection Order” means an order made by a Magistrate for the care and protection of a trafficked person under paragraph 51(3)(a);
smuggling of migrants
Defined · s 2“smuggling of migrants” means— (a) arranging, facilitating or organizing, directly or indirectly, a person’s unlawful entry into or through, or unlawful exit from, any country of which the person is not a citizen or permanent resident either knowing or having reason to believe that the person’s entry or exit is unlawful; and (b) recruiting, conveying, transferring, concealing, harbouring or providing any other assistance or service for the purpose of carrying out the acts referred to in paragraph (a);
trafficked person
Defined · s 2“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
trafficking in persons
Defined · s 2“trafficking in persons” means all actions of recruiting, conveying, transferring, acquiring, maintaining, harbouring, providing or receiving, a person, for the purpose of exploitation, by the following means: (a) threat or use of force or other forms of coercion; (b) abduction; (c) fraud; (d) deception; (e) abuse of power; (f) abuse of the position of vulnerability of a person to an act of trafficking in persons; or (g) the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person;
Part VI