Malaysia legislation
Section 16
of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS (AMENDMENT) ACT 2015
Section 16
New sections 66a and 66b
The principal Act is amended by inserting after section 66
the following sections:
“Order for payment of compensation to the trafficked person 66a. (1) The Court before which a person is convicted of an offence under this Act may make an order for the payment of a sum fixed by the Court by way of compensation by the convicted person to the trafficked person.
(2)
In relation to the order of the payment of compensation, subsections 426(1a), (1b), (1c) and (1d) of the Criminal
Procedure Code [Act 593] shall apply.
(3)
For the purposes of payment of compensation, section 432
of the Criminal Procedure Code shall apply.
(4)
The order of payment of compensation under this section shall not prevent the commencement of any civil action in Court by the trafficked person against the convicted person.
Order for payment of wages in arrears in the case of no conviction 66b. (1) In the case of no conviction of an offence under this Act, where payment of wages is in arrears to an alleged trafficked person, the Court shall make an order for the payment of such wages in arrears of a sum fixed by the Court to the alleged trafficked person upon application of the Public
Prosecutor after conducting an inquiry by the Court.
(2)
For the purposes of determining the sum of wages in arrears, the Court shall conduct an inquiry within seven days after the date of the decision to determine the order under subsection (1).
(3)
For the purposes of subsection (2), any evidence produced during the trial of an offence under this Act may be used as evidence by the Court to determine the payment of wages in arrears.
(4)
For the purposes of the payment of wages in arrears under subsection (1), section 432 of the Criminal Procedure
Code shall apply.”.
Savings