Malaysia legislation

Section 6

of ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS (AMENDMENT) ACT 2022

Section 6

“Aggravated offence of trafficking in persons

(a)

in the shoulder note, by inserting after the word “children”

the words “or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition”;

(b)

by renumbering the existing section as subsection (1);

(c)

in the renumbered subsection (1)—

(i)

by substituting for the words “a child” the words

“a child or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition”;

(ii)

by deleting the words “for the purpose of exploitation,”; and

(iii)

by substituting for the words “imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine” the words “imprisonment for life or with imprisonment for a term  which shall not be less than five years, and shall also be liable to whipping”; and

Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment)

(d)

by inserting after the renumbered subsection (1) the following subsection:

“(2)  In a prosecution for an offence under this section, the means used against a trafficked person who is a child or a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition is irrelevant and is not a requirement to be proved.”.

Amendment of section 15a