Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part V
54. Release of trafficked person
Official textFrom Laws of Malaysia Online, unchanged
Upon revocation of a Protection Order or expiry of the period specified in a Protection Order, the Protection Officer shall—
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);
in the case of a trafficked person who is a citizen or permanent resident of Malaysia, release that person; or
in the case of a trafficked person who is a foreign national who has valid documents and is employed, release that person, or in any other case as may be prescribed, release that person to an immigration officer to be returned to his country of origin in accordance with any laws relating to immigration.
The immigration officer shall take all necessary steps to facilitate the return of that trafficked person to his country of origin without unnecessary delay, with due regard for his safety.
immigration officer
“immigration officer” has the same meaning assigned to it by the Immigration Act 1959/63;
Notwithstanding subsection (1), the court may, upon an application made by a Protection Officer or an enforcement officer, and being satisfied that the trafficked person requires further care and protection for a reasonable reason or for the purposes of the management of repatriation, make an order that the trafficked person be placed in a place of refuge for any further period as the Magistrate may think fit.
Anti-Trafficking in Persons and
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;
Anti-Smuggling of Migrants 49
smuggling of migrants
“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);
Terms defined in s 2
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