Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 · Updated to 30 Sep 2025 · Part VI · Miscellaneous
61. Admissibility of translation of documents
Official textFrom Laws of Malaysia Online, unchanged
Where any document which is to be used in any proceeding against any person for an offence under this Act is in a language other than the national language or English language, a translation of such document into the national language or English language shall be admissible in evidence where the translation is accompanied by a certificate of the person who translated the document setting out that it is an accurate, faithful and true translation and the translation had been done by such person at the instance of any enforcement officer.
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.
enforcement officer
“enforcement officer” means any officer specified in subsection 27(1) or any public officer appointed under subsection 27(1a);
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)
trafficked person
“trafficked person” means any person who is the victim or object of an act of trafficking in persons;
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—
in Malaysia before a Sessions Court Judge or a Magistrate in the presence or absence of the person charged with the offence; or
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.
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.
For the purposes of this section, a reference to—
a “deposition” includes any written statement made upon oath; and
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
Nothing in this section shall prejudice the admission as evidence of any other depositions.
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);
smuggled migrant
Defined · s 2“smuggled migrant” means a person who is the object of the act of smuggling of migrants, regardless of whether that person participated in the act of smuggling of migrants;
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;