Malaysia legislation
Section 48
Section 48
(2)
Any person who without lawful authority or excuse harbours or has in his possession, custody or control a child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Malaysia commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding twenty years or to both.
(3)
For the purposes of subsection (2), if any person harbours or has in his possession, custody or control a child without lawful authority or excuse, the child shall, until the contrary is proved, be presumed to be a child with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration.
(4)
It shall be a defence in any prosecution under this section to prove that—
(a)
the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption; and
(b)
at least one of the natural parents of the child or the guardian of the child was a consenting party to the marriage or to the adoption by the adopting party, and had expressly consented to the particular marriage or adoption.
Act 611
WJW22/0178 BI.indd 74 04/08/2023 3:33 PM
Child 75
Importation of child by false pretences