Akta Antipemerdagangan Orang dan Antipenyeludupan Migran 2007
Applies to: Federal Act — see s 53 (Application by parent, guardian or relative) · Official text ↗
- Defines key terms such as 'trafficking in persons', 'smuggling of migrants', and 'exploitation' (s 2).
- Specifies that offences apply if Malaysia is the receiving or transit country, or if the act starts or transits through Malaysia (s 3).
- Criminalizes the act of trafficking in persons, with specific penalties for those who do so (s 12).
- Establishes that the consent of the trafficked person is not a defence in prosecutions for trafficking offences (s 16).
- Provides immunity from criminal prosecution for trafficked persons for acts like illegal entry or possession of fraudulent documents resulting from trafficking (s 25).
- Allows enforcement officers to arrest suspects without a warrant and requires them to be brought to a police station (s 29).
- Empowers the Minister to declare places of refuge for the care and protection of trafficked persons (s 42).
- Outlines the process for investigation, enquiry, and the making of Protection Orders by a Magistrate (s 51).
What this law is
The Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Akta Antipemerdagangan Orang dan Antipenyeludupan Migran 2007) is numbered Act 670 in the Laws of Malaysia. Where it applies is set out in section 53 (Application by parent, guardian or relative).
Its long title, as printed in the official text: An Act to prevent and combat trafficking in persons and smuggling of migrants and to provide for matters connected therewith.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part I — Preliminary (ss 1–5C)
- Part II — Council for anti-trafficking in persons and anti-smuggling of migrants (ss 6–11)
- Part III — Trafficking in persons offences, immunity, etc. (ss 12–26K)
- Part IV — Enforcement (ss 27–41)
- Part V — Care and protection of trafficked persons (ss 41A–57)
- Part VI — Miscellaneous (ss 58–67)
Part titles are from the official arrangement of sections.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Investigation and enquiry into the person's case after an interim protection order | within twenty-one days from the date of such order | s 51(1) |
| Placement in a place of refuge under a Protection Order | for a period not exceeding three months from the date of the order | s 51(3)(a)(i) |
| Court inquiry to determine wages in arrears | within seven days after the date of the decision | s 66b(2) |
Offences and penalties
| Offence | Penalty (as written in the Act) | Section |
|---|---|---|
| Trafficking in persons (not a child or disabled person) | imprisonment for a term not exceeding twenty years, and shall also be liable to fine | s 12 |
| Offence under this Act for which no penalty is expressly provided | fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both | s 63(1) |
| Offence committed by a body corporate (where no fine is specified, other than ss 15a and 26c) | minimum fine of one million ringgit | s 63(2)(b)(ii) |
Laws cited on this page
| Act 670 | Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 Akta Antipemerdagangan Orang dan Antipenyeludupan Migran 2007 | PDF · PDF (BM) · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | Defines 'trafficking in persons' as recruiting or moving a person for exploitation using force, fraud, or abuse of power, and defines 'smuggling of migrants' as facilitating unlawful entry or exit into a country (s 2). |
| s 3 | States that the Act applies to offences committed inside or outside Malaysia if Malaysia is the receiving or transit country, or if the act starts or transits through Malaysia, regardless of the offender's nationality (s 3). |
| s 12 | Makes it an offence to traffic in persons who are not children or disabled, punishable by imprisonment for up to twenty years and a fine (s 12). |
| s 16 | Clarifies that in prosecutions for trafficking offences, it is not a defence that the trafficked person consented to the act (s 16). |
| s 25 | States that a trafficked person cannot be criminally prosecuted for illegal entry, unlawful residence, or possession of fraudulent documents if these acts were a direct consequence of being trafficked (s 25). |
| s 29 | Allows an enforcement officer to arrest a person without a warrant if they are found committing an offence or are reasonably suspected of doing so, and requires the arrested person to be brought to the nearest police station (s 29). |
| s 42 | Allows the Minister to declare a place as a refuge for trafficked persons and to direct the separation of different categories of persons based on age and gender (s 42). |
| s 51 | Within twenty-one days of an interim protection order, an enforcement officer investigates and a Protection Officer enquires into the person's background (s 51(1)); if a Magistrate is then satisfied the person is a trafficked person in need of care and protection, he may make a Protection Order — for a citizen or permanent resident, placing the person in a place of refuge for not more than three months (s 51(3)(a)(i)). |
| s 54 | Mandates the release of a trafficked person upon the expiry or revocation of a Protection Order, with foreign nationals potentially being released to an immigration officer for return to their country of origin (s 54). |
| s 63 | Sets a general penalty of a fine up to RM150,000 or imprisonment up to three years for offences without a specific penalty, and provides enhanced penalties for repeat offenders or corporate bodies (s 63). |
| s 66a | Allows the Court to order a convicted person to pay compensation to the trafficked person (s 66a). |
| s 66b | Requires the Court to order the payment of wages in arrears to an alleged trafficked person if there is no conviction, conducting an inquiry within seven days of the decision (s 66b). |
Worked examples
Facts. Ahmad is recruited to work in a factory. His passport is taken, he is threatened with violence if he leaves, and he works for months without pay.
The law. Recruiting or maintaining a person for exploitation — which includes forced labour — by threat or use of force or other coercion is trafficking in persons (s 2). Consent of the trafficked person is no defence (s 16).
Outcome. The recruiters commit an offence punishable with imprisonment of up to twenty years and a fine (s 12). On conviction the court may order them to compensate Ahmad (s 66a); even without a conviction the court must, on the Public Prosecutor's application, order payment of wages in arrears (s 66b).
Facts. Siti, a foreign national, is rescued and an interim protection order is made. After the investigation, the Magistrate is satisfied she is a trafficked person in need of care and protection.
The law. The Magistrate may make a Protection Order placing her in a place of refuge (s 51(3)). When the order ends, a foreign national with valid documents who is employed is released; in other prescribed cases she is released to an immigration officer for safe return to her country of origin (s 54(1)(b), (2)).
Outcome. Siti is cared for in a place of refuge under the order; the court may extend her stay for further care or to manage repatriation (s 54(3)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Can a trafficked person recover unpaid wages if no one is convicted?
Yes. Where there is no conviction and wages are in arrears to an alleged trafficked person, the Court shall, on the Public Prosecutor's application and after an inquiry held within seven days of the decision, order payment of the wages in arrears (s 66b).
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Sources
Related
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