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Child Act 2001

Child

LAWS OF MALAYSIA

RepRint

Act 611

ChILd ACt 2001

Incorporating all amendments up to 1 January 2006 published by

the CommissioneR of law Revision, malaysia

undeR the authoRity of the Revision of laws aCt 968 in CollaboRation with

peRCetakan nasional malaysia bhd

2006

ChILd ACt 2001

date of Royal assent... ... ... ... ... ... 5 february 00 date of publication in the Gazette ... ... march 00 Previous rePrint

First Reprint ... ... ... ... ... 2002

LAWS OF MALAYSIA

Act 611

ChILd ACt 2001

aRRanGement of seCtions

Part i

pReliminaRy

section

. short title, application and commencement

. interpretation

Part ii

Co-oRdinatinG CounCil foR the pRoteCtion

of ChildRen

. establishment of the Co-ordinating Council for the protection of Children

4. membership of Council

5. meeting of Council

6. establishment of committees

7. establishment of Child protection teams Part iii

appointment of pRoteCtoR, ETC.

8. appointment and powers of protectors

9. appointment of Registrar General and Registrar

0. appointment of probation officers 4 Laws of Malaysia Act 611

Part iv

CouRts foR ChildRen

section

. Constitution and jurisdiction of Court for Children . place of sitting and persons who may be present in Court for Children

. period specified in any order made by Court for Children not to extend beyond the date child attains the age of eighteen years

4. Court for Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

5. Restrictions on media reporting and publication

6. presumption as to age Part v

ChildRen in need of CaRe and pRoteCtion

ChaPter

GeneRal

7. meaning of child in need of care and protection ChaPter

tempoRaRy Custody and mediCal eXamination

and tReatment

8. taking a child into temporary custody

9. production before Court for Children

0. Child in need of medical examination or treatment . medical examination and treatment

. authorization of hospitalization

. Control over hospitalized children

4. authorization of medical treatment

5. steps to be taken after medical examination or treatment

6. no liability incurred for giving authorization

7. duty of medical officer or medical practitioner

8. duty of member of the family 5Child

9. duty of child care provider

0. powers of Court for Children ChaPter

offenCes in Relation to the health and

welfaRe of ChildRen

. ill-treatment, neglect, abandonment or exposure of children . Children not to be used for begging, etc.

. offence to leave child without reasonable supervision ChaPter 4

notifiCation on takinG a Child into CaRe,

Custody oR ContRol

4. application and interpretation

5. notification of taking a child into care, custody or control

6. subsequent obligations

7. power of protector to require child to be produced before him Part vi

ChildRen in need of pRoteCtion and Rehabilitation ChaPter

GeneRal

8. meaning of child in need of protection and rehabilitation

9. Removal of a child to place of refuge

40. orders upon completion of an inquiry

4. Children in urgent need of protection

4. inquiries and detention of a child who has been bought or acquired under false pretences, etc.

ChaPter

offenCes

4. offences section

6 Laws of Malaysia Act 611

44. presumptions relating to section 4

45. detention pending proceedings Part vii

beyond ContRol

46. Children beyond control

47. supervision by probation officer Part viii

tRaffiCkinG in and abduCtion of ChildRen

48. unlawful transfer of possession, custody or control of child

49. importation of child by false pretences

50. examination of child and person in charge

5. protector may require security

5. offence of taking or sending out a child without appropriate consent of person having lawful custody

5. Recovery order Part iX

institutions

ChaPter

plaCes of safety and plaCes of RefuGe

54. places of safety

55. places of refuge

56. Child who escapes or is removed from place of safety or place of refuge

57. offence of removing or helping a child to escape from place of safety or place of refuge

ChaPter

plaCes of detention

58. places of detention section

7Child

59. Child who escapes or is removed from place of detention

60. offence of removing or helping a child to escape from place of detention

ChaPter

pRobation hostels

6. probation hostels

6. Child under ten years of age not to be sent to probation hostel

6. Child who escapes or is removed from probation hostel

64. offence of removing or helping a child to escape from probation hostel

ChaPter 4

appRoved sChools

65. approved schools

66. Child under ten years of age not to be sent to approved school

67. when a child can be sent to approved school

68. approved school order to be delivered to the authority, etc., who conveys child to the school

69. further detention in approved school beyond period of order

70. aftercare of child released from approved school

7. escape from approved school, etc., or failure to return to approved school after expiry of leave, etc.

7. offence of removing or helping a child to escape from approved school

ChaPter 5

henRy GuRney sChools

7. henry Gurney schools

74. Child under fourteen years of age not to be sent to henry Gurney school

75. when a child can be sent to henry Gurney school section

8 Laws of Malaysia Act 611

ChaPter 6

speCial pRovisions in Relation to plaCes of

safety, plaCes of RefuGe, appRoved sChools

and henRy GuRney sChools

76. power in respect of persons of eighteen years but under twenty-one years of age

77. power of minister to remove person undergoing imprisonment to henry Gurney school

78. power of minister to remove child undergoing imprisonment to approved school or henry Gurney school

79. power to substitute term of detention to term of imprisonment

80. transfer of child from one place of safety or place of refuge to another place of safety or place of refuge

ChaPter 7

misCellaneous

8. Child or person detained to be subject to regulations

8. board of visitors Part X

CRiminal pRoCeduRe in CouRt foR ChildRen

ChaPter

ChaRGe, bail, ETC.

8. trials of children to be in conformity with this act

84. bail

85. separation of child from adult in police stations or Courts

86. Custody of child not discharged on bail after arrest

87. submission of information by police officer after arrest ChaPter

tRials

88. parent or guardian required to attend

89. parents or guardian may be required to withdraw

90. procedure in Court for Children section

9Child

ChaPter

poweRs of the CouRt foR ChildRen at the

ConClusion of the tRial

section

9. powers of Court for Children on proof of offence

9. manner of executing whipping

9. parent or guardian to execute bond

94. power to order parent or guardian to pay fine, etc., instead of child

95. appeals

96. Restrictions on order of imprisonment

97. death ChaPter 4

pRobation

98. when probation may be ordered

99. failure to comply with probation order

00. Commission of further offence

0. effects of probation

0. amendment of probation order

0. discharge of probation order

04. Court to give copies of amending or discharging order to probation officer

Part Xi

in the CaRe of fit and pRopeR peRson

05. Child placed in the care of fit and proper person

06. Child who escapes or is removed from the care of fit and proper person

07. offence of removing or helping a child to escape from the care of fit and proper person

Part Xii

ContRibution oRdeRs

08. Contribution by parent or guardian or other person 0 Laws of Malaysia Act 611

Part Xiii

investiGation, aRRest, seaRCh, seiZuRe, ETC.

section

09. power of investigation

0. power to arrest without warrant . search by warrant

. search without warrant

. power to examine person

4. inspection

5. obstruction

6. protection of informers Part Xiv

misCellaneous

7. power of Court for Children conferred on high Court

8. Register

9. Contents of Register

0. access to Register . offence in respect of Register

. Certificate of Registrar to be evidence

. protection against suit and legal proceedings

4. public servant

5. General penalty

6. institution and conduct of prosecution

7. service of document

8. power to make regulations Part Xv

savinGs and tRansitional pRovisions

9. interpretation

0. Repeal . References to Juvenile Court, etc.

Child

. Continuance of Council, etc.

. Continuance of rules, etc.

4. institutions established or appointed

5. prevention of anomalies First sChedule

seCond sChedule

section

Laws of Malaysia Act 611

Child

LAWS OF MALAYSIA

Act 611

ChILd ACt 2001

an act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental thereto.

[1 August 2002, P.U. (B) 229/2002]

ReCoGniZinG that the country's vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil malaysian society which is united, progressive, peaceful, caring, just and humane:

ReCoGniZinG that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity:

aCknowledGinG that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil malaysian society:

ReCoGniZinG every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status: aCknowledGinG the family as the fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they may develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of the human person:

ReCoGniZinG the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society: 4 Laws of Malaysia Act 611

now, theRefoRe, ENACtEd by the parliament of malaysia as follows:

Part i

pReliminaRy

Short title, application and commencement

1. () this act may be cited as the Child act 00. () this act applies throughout malaysia.

() this act comes into operation on a date to be appointed by the minister by notification in the Gazette.

Interpretation

2. () in this act, unless the context otherwise requires-- "member of the family" includes a parent or a guardian, or a member of the extended family, who is a household member; "household member" means a person who ordinarily resides in the same household as the child;

"probation hostel" means a hostel established or appointed under section 6 as a place of residence for children required to reside there under part X;

"Register" means the Register kept and maintained under section 8;

"prescribed" means prescribed by regulations made under section 8;

"hospital" means any Government hospital or any teaching hospital of a university;

"foster parent" means a person, not being a parent or a relative of a child--

(a) to whom the care, custody and control of a child has been given by order of a Court under paragraph 0()(e); or

5Child

(b) permitted by the protector under section 5 or 7, as the case may be, to receive a child into his care, custody and control;

"Child welfare Committee", in relation to a state, means a Committee appointed by the minister to oversee the welfare of persons coming within the purview of part X and to assist the probation officer in any district or area;

"grave crime" includes--

(a) the offences of murder, culpable homicide not amounting to murder or attempted murder;

(b) all offences under the firearms (increased penalties) act 97 [Act 37];

(c) all offences under the internal security act 960 [Act 82] punishable with imprisonment for life or with death; (d) all offences under the dangerous drugs act 95 [Act 234] punishable with imprisonment for more than five years or with death; and

(e) all offences under the kidnapping act 96 [Act 365]; "child"--

(a) means a person under the age of eighteen years; and (b) in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section 8 of the penal Code [Act 574]; "probationer" means a child for the time being under supervision by virtue of a probation order;

"extended family", in relation to a person, means persons related by consanguinity, affinity or adoption to that person; "director General" means the director General of social welfare;

"probation report" means a report prepared by a probation officer under subsection 90();

6 Laws of Malaysia Act 611

"board of visiting Justices" means the board of visiting Justices appointed under section 64 of the prison act 995 [Act 537]; "board of visitors" means the board of visitors appointed by the minister under section 8;

"Court" means the Court for Children or any other Court, as the case may require;

"Court for Children" means the Court for Children constituted under section ;

"magistrate's Court" means a Court of a magistrate of the first Class;

"supervising Court" means the Court for Children for the district or area in which a probationer is required to reside; "magistrate" means a magistrate of the first Class; "Council" means the Co-ordinating Council for the protection of Children established under section ;

"minister" means the minister or ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the "minister" is made, acting individually or jointly or in consultation, as the case may require;

"Child protection team" means a team established by the Council under section 7;

"probation officer" means a probation officer appointed under section 0;

"senior police officer" has the same meaning as in the police act 967 [Act 344];

"social welfare officer" means any social welfare officer in the ministry or department responsible for welfare services and includes any assistant social welfare officer;

"medical officer" means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a university; 7Child

"police officer" has the same meaning as in the police act 967;

"prostitution" means the act of a person offering that person's body for sexual gratification for hire whether in money or in kind; and "prostitute" shall be construed accordingly; "protector" means--

(a) the director General;

(b) the deputy director General;

(d) the state director of social welfare of each of the states;

(e) any social welfare officer appointed under section 8; "owner"--

(a) in relation to any place--

(i) means the registered proprietor of the place; (ii) the lessee, including a sublessee, of the place whether registered or otherwise; or

(iii) the agent or trustee of any of the persons described in subparagraphs (i) and (ii); and

(b) in relation to any conveyance, means the registered owner of the conveyance;

"Registrar" means the Registrar of Children in need of protection appointed under subsection 9() and includes the Registrar General;

"Registrar General" means the Registrar General of Children in need of protection appointed under subsection 9(); "registered medical practitioner" means a medical practitioner registered under the medical act 97 [Act 50];

8 Laws of Malaysia Act 611

"conveyance" includes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle;

"child care provider" means a person who looks after one or more children for valuable consideration for any period of time;

"occupier"--

(a) means a person in occupation or control of any place; and

(b) in relation to places different parts of which are occupied by different persons, means the respective person in occupation or control of each part;

"guardian", in relation to a child, includes any person who, in the opinion of the Court for Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child; "probation order" means a probation order made under section 98;

"henry Gurney school order" means an order made by a Court for Children sending a child aged fourteen years or above to a henry Gurney school;

"approved school order" means an order made by a Court for Children sending a child to an approved school;

"contribution order" means a contribution order made under section 08;

"centre" means a privately-owned shelter or institution approved by the minister, set up for the care, protection and rehabilitation of children;

"brothel" means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution;

9Child

"henry Gurney school" means a school--

(a) established or appointed under section 7; and (b) under the direction and control of the director General of prisons and approved by the minister for the education, training and detention of persons to be sent there in pursuance of part X;

"approved school" means a school established or appointed under section 65 and includes a centre;

"place" includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance;

"place of assignation" means any place where communication is established with any child either directly or through intermediary for purposes of prostitution;

"place of refuge" means any place of refuge established or appointed under section 55;

"place of safety" means any place of safety established or appointed under section 54;

"place of detention"--

(a) means any place of detention established or appointed under section 58; and

(b) includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders; "probation period" means the period for which a probationer is placed under supervision by a probation order; "deputy director General" means the deputy director General of social welfare.

() in this act, unless the context otherwise requires, the federal territory of kuala lumpur and the federal territory of labuan shall each be regarded as a state.

0 Laws of Malaysia Act 611

Part ii

Co-oRdinatinG CounCil foR the pRoteCtion

of ChildRen

Establishment of the Co-ordinating Council for the Protection of Children

3. () there shall be established a Council which shall be known as the "Co-ordinating Council for the protection of Children". () the Council shall--

(a) be responsible for advising the minister on all aspects of child protection;

(b) design an efficient and effective management system throughout malaysia incorporating information channels for reporting cases of children in need of protection; (c) recommend services that are specifically oriented to meet the needs of persons, children and families in need of child protection services;

(d) co-ordinate the various resources of any Government department which is involved with child protection; (e) develop programmes to educate the public in the prevention of child abuse and neglect;

(f) advise on the management, operation and practice of Child protection teams throughout malaysia;

(g) advise on the development of training programmes for members of Child protection teams throughout

malaysia;

(h) resolve any conflict that may arise within Child protection teams; and

(i) perform such other functions as may be prescribed by regulations made under this act.

Membership of Council

4. () the Council shall consist of the following members: (a) the director General who shall be the Chairman; Child

(b) the deputy director General who shall be the deputy Chairman;

(d) a representative from the ministry responsible for health;

(e) a representative from the ministry responsible for education;

(f) a representative from the ministry responsible for human resources;

(g) a representative from the ministry responsible for information;

(h) a representative of the attorney General;

(i) a representative of the inspector General of police; (j) a representative from the prison department;

(k) two representatives from the department of social welfare;

(l) a representative from the ministry, in the state of sabah, charged with the responsibility for welfare services; (m) a representative from the ministry, in the state of sarawak, charged with the responsibility for welfare services; (n) not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the welfare and development of children including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors, to be appointed by the minister; and

(o) a Registrar who shall be the secretary.

() each member of the Council appointed under paragraph ()(m) shall, unless he sooner resigns, hold office for a period not exceeding three years and is eligible for reappointment. Laws of Malaysia Act 611

Meeting of Council

5. () the Council shall meet at least four times in a year at such time and place as the Chairman may determine. () every meeting of the Council shall be presided over-- (a) by the Chairman;

(b) in the absence of the Chairman, by the deputy Chairman; or

(c) in the absence of the Chairman and deputy Chairman, by a member elected by the members present from amongst themselves.

() seven members of the Council shall form a quorum at any meeting of the Council.

(4) if on any question to be determined there is an equality of votes, the Chairman, or the deputy Chairman or the member referred to in paragraph ()(c) if he is presiding over the meeting, shall have a casting vote in addition to his deliberative vote. (5) subject to this act, the Council may determine its own procedure.

Establishment of committees

6. () the Council may establish such committees as it deems necessary or expedient to assist it in the performance of its functions under this act.

() a committee established under subsection ()--

(a) shall be chaired by a member of the Council;

(b) shall conform to and act in accordance with any direction given to it by the Council; and

() members of the committees established under subsection () may be appointed from amongst members of the Council or such other persons as the Council thinks fit.

Child

(4) a member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.

(5) the Council may revoke the appointment of any member of a committee without assigning any reason therefor. (6) a member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee. (7) the Council may, at any time, discontinue or alter the constitution of a committee.

(8) a committee shall hold its meetings at such times and places as the chairman of the committee may determine. (9) a committee may invite any person to attend a meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

Establishment of Child Protection teams

7. () the Council shall establish throughout malaysia groups of persons, each group to be known as a "Child protection team", for the purpose of co-ordinating locally-based services to families and children if children are or are suspected of being in need of protection.

() a Child protection team shall consist of the following members:

(a) a protector to be named by the Council on the advice of the director General, who shall be the chairman;

(b) a medical officer; and

() a Child protection team shall have the authority to co- opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.

4 Laws of Malaysia Act 611

Part iii

appointment of pRoteCtoR, ETC.

Appointment and powers of Protectors

8. () the minister may, by notification in the Gazette, appoint such number of social welfare officers to exercise the powers and perform the duties of a protector under this act subject to such conditions as may be specified in the notification. () a protector--

(a) shall have the power of a magistrate in respect of the taking of evidence at any inquiry held by him under this act;

(b) shall furnish to the Court a copy of the notes of such evidence when called upon to do so by order of the Court; and

(c) shall not be compellable in any judicial proceedings to answer any question as to the grounds of his decision or belief--

(i) in any case dealt with by him under this act; or (ii) as to anything which came to his knowledge in any inquiry made by him as protector.

() every order or summons purporting to be issued by and under the hand and seal of the protector in pursuance of this act shall be received in evidence in any Court without further proof and shall be prima facie evidence of the facts stated in such order or summons.

(4) all acts done in pursuance of any order or summons referred to in subsection () shall be deemed to have been authorized by law.

Appointment of Registrar General and Registrar

9. () the minister may appoint a social welfare officer to be the Registrar General of Children in need of protection for the purposes of this act.

5Child

() the minister may appoint such number of public officers as he deems necessary by name or by office to be Registrars of Children in need of protection.

() the Registrar General shall have the general supervision and control of--

(a) Registrars appointed under subsection (); and (b) the registration of children in need of protection under this act.

Appointment of probation officers

10. () the minister may, by notification in the Gazette, appoint such number of social welfare officers as he deems necessary to be probation officers throughout malaysia or any part of malaysia.

() a probation officer when acting under a probation order shall be subject to the control of the supervising Court. () in this section, "social welfare officers" includes social welfare assistants.

Part iv

CouRts foR ChildRen

Constitution and jurisdiction of Court For Children

11. () Courts constituted in accordance with this act and sitting for the purpose of--

(a) hearing, determining or disposing of any charge against a child; or

(b) exercising any other jurisdiction conferred or to be conferred on Courts for Children by or under this act or by any other written law,

shall be known as the "Courts for Children".

6 Laws of Malaysia Act 611

() a Court for Children shall consist of a magistrate who, in the exercise of his functions as a Court for Children except when making an order under subsection 9(4), 4(4), 84() or 86(), as the case may require, shall be assisted by two advisers to be appointed by the minister from a panel of persons resident in the state.

() one of the two advisers mentioned in subsection () shall be a woman.

(4) the functions of the advisers are--

(a) to inform and advise the Court for Children with respect to any consideration affecting the order made upon a finding of guilt or other related treatment of any child brought before it; and

(b) if necessary, to advise the parent or guardian of the child.

(5) a Court for Children shall have jurisdiction to try all offences except offences punishable with death.

(6) except as modified or extended by this part, the Criminal procedure Code [Act 593] shall apply to Courts for Children as if Courts for Children were magistrates' Courts.

Place of sitting and persons who may be present in Court For Children

12. () a Court for Children shall, if practicable, sit-- (a) either in a different building or room from that in which sittings of Courts other than Courts for Children are held; or

(b) on different days from those on which sittings of those other Courts are held.

() if a Court for Children sits in the same building as other Courts, the Court for Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court for Children with privacy. 7Child

() no person shall be present at any sitting of a Court for Children except--

(a) members and officers of the Court;

(b) the children who are parties to the case before the Court, their parents, guardians, advocates and witnesses, and other persons directly concerned in that case; and (c) such other responsible persons as may be determined by the Court.

Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years

13. except as specified in this act, any period specified in any order made by a Court for Children under this act shall not extend beyond the date on which the child to whom the order relates attains the age of eighteen years.

Court For Children may order detention, etc., to extend beyond the date child attains the age of eighteen years

14. () notwithstanding anything in this act or any written law or any rule of law, a Court for Children may, if the Court finds that circumstances warrant it, make an order relating to-- (a) the detention of a child in a place of detention, probation hostel, approved school or henry Gurney school, approved institution or centre;

(b) the supervision of a child by a social welfare officer or probation officer, as the case may be; or

which has the effect of extending the period of such detention, supervision or probation beyond the date on which the child attains the age of eighteen years.

() the order referred to in subsection () shall be complied with by the child and all parties to whom the order relates so long as the order remains in force and have effect. 8 Laws of Malaysia Act 611

Restrictions on media reporting and publication

15. () notwithstanding any written law to the contrary, any mass media report regarding--

(a) any step taken against a child concerned or purportedly concerned in any criminal act or omission, be it at the pre-trial, trial or post-trial stage;

(b) any child in respect of whom custody is taken under part v;

(c) any child in respect of whom any of the offences specified in the first schedule has been or is suspected to have been committed; or

(d) any proceedings under part vi,

shall not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child so concerned either as being the person against or in respect of whom action is taken or as being a witness to the action.

() a picture of--

(a) any child concerned in any of the matters mentioned in subsection (); or

(b) any other person, place or thing which may lead to the identification of any child so concerned,

shall not be published in any newspaper or magazine or transmitted through any electronic medium.

() the Court for Children, in any case--

(a) may, if the Court for Children is satisfied that it is in the interest of justice to do so; and

(b) shall, in the case of an application by or with the authority of a protector,

dispense with the requirements of this section to such an extent as the Court may deem expedient.

(4) any person who contravenes subsection () or () commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

9Child

(5) for the purposes of this section, "transmit" includes broadcast by radio or television.

Presumption as to age

16. () if in a charge for an offence triable under this act-- (a) it is alleged that the person who committed the offence was under or had attained any specified age; and

(b) that person appears to the Court for Children to have been at the date of the commission of the alleged offence under or to have attained the specified age, as the case may be,

he shall, for the purposes of this act, be presumed at that date to have been under or to have attained that age, as the case may be, and any order made therein shall not be invalidated by any subsequent proof that the age has been incorrectly stated. () if the Court for Children is in doubt as to the exact age of the person who is alleged to have committed an offence, the certificate of a medical officer to the effect that, in his opinion, the person has or has not attained a specified age may be given in evidence, and the Court for Children shall declare that person's age for the purposes of this act.

() the age so declared by the Court for Children under subsection () shall be deemed to be the true age of that person, unless and until the contrary is proved.

Part v

ChildRen in need of CaRe and pRoteCtion

ChaPter

GeneRal

Meaning of child in need of care and protection

17. () a child is in need of care and protection if-- (a) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or 0 Laws of Malaysia Act 611

sexually abused by his parent or guardian or a member of his extended family;

(b) the child has been or there is substantial risk that the child will be physically injured or emotionally injured or sexually abused and his parent or guardian, knowing of such injury or abuse or risk, has not protected or is unlikely to protect the child from such injury or abuse;

(c) the parent or guardian of the child is unfit, or has neglected, or is unable, to exercise proper supervision and control over the child and the child is falling into bad association;

(d) the parent or guardian of the child has neglected or is unwilling to provide for him adequate care, food, clothing and shelter;

(e) the child--

(i) has no parent or guardian; or

(ii) has been abandoned by his parent or guardian and after reasonable inquiries the parent or guardian cannot be found,

and no other suitable person is willing and able to care for the child;

(f) the child needs to be examined, investigated or treated--

(i) for the purpose of restoring or preserving his health; and

(ii) his parent or guardian neglects or refuses to have him so examined, investigated or treated;

(g) the child behaves in a manner that is, or is likely to be, harmful to himself or to any other person and his parent or guardian is unable or unwilling to take necessary measures to remedy the situation or the remedial measures taken by the parent or guardian fail;

Child

(h) there is such a conflict between the child and his parent or guardian, or between his parents or guardians, that family relationships are seriously disrupted, thereby causing him emotional injury;

(i) the child is a person in respect of whom any of the offences specified in the first schedule or any offence of the nature described in sections , and has

been or is suspected to have been committed and his parent or guardian--

(i) is the person who committed such offence or is suspected to have committed such offence; or

(ii) has not protected or is unlikely to protect him from such offence;

(j) the child is--

(i) a member of the same household as the child

referred to in paragraph (i); or

(ii) a member of the same household as the person who has been convicted of the offence referred

to in paragraph (i),

and appears to be in danger of the commission upon or in respect of him of a similar offence and his parent or guardian--

(aa) is the person who committed or is suspected to have committed the offence;

(bb) is the person who is convicted of such offence; or

(cc) is unable or unwilling to protect him from such offence;

(k) the child is allowed to be on any street, premises or place for the purposes of--

(i) begging or receiving alms, whether or not there is any pretence of singing, playing, performing

or offering anything for sale; or

(ii) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental

to the health and welfare of the child.

Laws of Malaysia Act 611

() for the purposes of this part, a child is--

(a) physically injured if there is substantial and observable injury to any part of the child's body as a result of the non-accidental application of force or an agent to the child's body that is evidenced by, amongst other things, a laceration, a contusion, an abrasion, a scar, a fracture or other bone injury, a dislocation, a sprain, haemorrhaging, the rupture of a viscus, a burn, a scald, the loss or alteration of consciousness or physiological functioning or the loss of hair or teeth;

(b) emotionally injured if there is substantial and observable impairment of the child's mental or emotional functioning that is evidenced by, amongst other things, a mental or behavioural disorder, including anxiety, depression, withdrawal, aggression or delayed development;

(c) sexually abused if he has taken part, whether as a participant or an observer, in any activity which is sexual in nature for the purposes of--

(i) any pornographic, obscene or indecent material, photograph, recording, film, videotape or

performance; or

(ii) sexual exploitation by any person for that person's or another person's sexual gratification.

ChaPter

tempoRaRy Custody and mediCal eXamination

and tReatment

taking a child into temporary custody

18. any protector or police officer who is satisfied on reasonable grounds that a child is in need of care and protection may take the child into temporary custody, unless the protector or police officer is satisfied that--

(a) the taking of proceedings in relation to the child is undesirable in the best interests of the child; or (b) the proceedings are about to be taken by some other person.

Child

Production before Court For Children

19. () subject to section 0, every child who is taken into temporary custody under section 8 shall be brought before a Court for Children within twenty-four hours exclusive of the time necessary for the journey from the place the child was so taken into custody to the Court for Children.

(a) a place of safety; or

(b) the care of a fit and proper person,

until such time as the child can be brought before a Court for Children.

() if a child is placed in a place of safety or in the care of a fit and proper person under subsection ()--

(a) the person in charge of the place of safety or such fit and proper person shall have the like control over, and responsibility for the maintenance of, the child as the parent of the child would have had; and

(b) the child shall continue in the care of the person referred to in paragraph (a) notwithstanding that the child is claimed by his parent or guardian or any other person.

(4) a protector who takes a child into temporary custody under this section shall, immediately upon such taking, cause the parent or guardian of the child to be notified of such taking. (5) a police officer who takes a child into temporary custody under this section shall, immediately upon such taking, notify the protector of such taking.

Child in need of medical examination or treatment

20. () if a protector or police officer who takes a child into temporary custody under section 8 is of the opinion that the child is in need of medical examination or treatment, the protector or 4 Laws of Malaysia Act 611

police officer may, instead of bringing the child before a Court for Children or magistrate, as the case may be, present the child before a medical officer.

() if at the time of being taken into custody a child is a patient in a hospital, the protector or police officer who takes the child into custody may leave the child in the hospital. () if a protector or police officer does not take a child into temporary custody under section 8 but he is satisfied on reasonable grounds that the child is in need of medical examination or treatment, he may direct in writing the person who appears to him to have the care of the child for the time being to immediately take the child to a medical officer.

(4) if the person referred to in subsection () fails to comply within forty-eight hours with a direction made under that subsection, a protector or police officer may take the child into temporary custody for the purpose of presenting the child before a medical officer.

Medical examination and treatment

21. a medical officer before whom a child is presented under subsection 0() or (4)--

(a) shall conduct or cause to be conducted an examination of the child;

(b) may, in examining the child and if so authorized by a protector or police officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the child's condition; and

(c) may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis. Authorization of hospitalization

22. if the medical officer who examines a child under section is of the opinion that the hospitalization of the child is necessary for the purposes of medical care or treatment, a protector or police officer may authorize the child to be hospitalized. 5Child

Control over hospitalized children

23. if a child is hospitalized under section , the director General shall have the like control over, and responsibility for the maintenance of, that child as a person in charge of a place of safety would have had if the child had been placed in that place of safety.

Authorization of medical treatment

24. () if, in the opinion of a medical officer, the child referred to in section requires treatment for a minor illness, injury or condition, a protector or police officer may authorize such treatment.

() if, in the opinion of a medical officer, the child referred to in section is suffering from a serious illness, injury or condition or requires surgery or psychiatric treatment, a protector or police officer--

(a) shall immediately notify or take reasonable steps to notify and consult the parent or guardian of the child or any person having authority to consent to such treatment; and

(b) may, with the written consent of the parent or guardian or such person, authorize such medical or surgical or psychiatric treatment as may be considered necessary by a medical officer.

() if a medical officer has certified in writing that there is immediate risk to the health of a child, a protector may authorize, without obtaining the consent referred to in subsection (), such medical or surgical or psychiatric treatment as may be considered necessary by the medical officer but only under any of the following circumstances:

(a) that the parent or guardian of the child or any person having authority to consent to such treatment has unreasonably refused to give, or abstained from giving, consent to such treatment;

(b) that the parent or guardian or the person referred to in paragraph (a) is not available or cannot be found within a reasonable time; or

6 Laws of Malaysia Act 611

(c) the protector believes on reasonable grounds that the parent or guardian or the person referred to in paragraph (a) has ill-treated, neglected, abandoned or exposed, or sexually abused, the child.

Steps to be taken after medical examination or treatment

25. () a child who is taken into custody under section 8 and is medically examined or treated under section shall be brought before a Court for Children within twenty-four hours-- (a) of the completion of such examination or treatment; or (b) if the child is hospitalized, of his discharge from the hospital.

() if it is not possible to bring the child before a Court for Children within the time specified in subsection (), the child shall be brought before a magistrate who may direct that the child be placed in--

(a) a place of safety; or

(b) the care of a fit and proper person,

until such time as the child can be brought before a Court for Children.

() a child who--

(a) is taken into custody under subsection 0(4); and (b) subsequently undergoes medical examination or treatment,

shall be returned to the person from whose care the child was taken--

(aa) upon the completion of such examination or treatment; or

(bb) if the child is hospitalized, upon his discharge from the hospital.

No liability incurred for giving authorization

26. () if a child is examined or treated pursuant to section or 4--

(a) the protector or police officer who authorizes such examination or treatment;

7Child

(b) the medical officer who examines or treats the child; and

(c) all persons acting in aid of the medical officer, shall not incur any liability at law by reason only that a child is examined or treated pursuant to that section.

() nothing contained in subsection () relieves a medical officer from liability in respect of the examination or treatment of a child which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the child or person having authority to consent to the examination or treatment. duty of medical officer or medical practitioner

27. () if a medical officer or a registered medical practitioner believes on reasonable grounds that a child he is examining or treating is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a protector.

() any medical officer or registered medical practitioner who fails to comply with subsection () commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

() if the registered medical practitioner referred to in subsection () is a medical officer, he may take the child referred to in that subsection into temporary custody until such time as the temporary custody of the child is assumed by a protector or police officer.

duty of member of the family

28. () if any member of the family of a child believes on reasonable grounds that the child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a protector.

8 Laws of Malaysia Act 611

() any member of the family who fails to comply with subsection () commits an offence and shall on conviction be released on a bond on conditions to be determined by the Court. () any member of the family who fails to comply with any of the conditions of the bond provided for in subsection () commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

duty of child care provider

29. () if a child care provider believes on reasonable grounds that a child is physically or emotionally injured as a result of being ill-treated, neglected, abandoned or exposed, or is sexually abused, he shall immediately inform a protector.

() any child care provider who fails to comply with subsection () commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Powers of Court For Children

30. () if a Court for Children is satisfied that any child brought before it under section 9 or 5 is a child in need of care and protection, the Court for Children may--

(a) order his parent or guardian to execute a bond to exercise proper care and guardianship for a period specified by the Court for Children;

(b) make an order placing the child in the custody of a fit and proper person for a period specified by the Court for Children;

(c) without making any other order or in addition to an order made under paragraph (a) or (b), make an order placing the child under the supervision of--

(i) a protector; or

(ii) some other person appointed for the purpose by the Court for Children,

for a period specified by the Court for Children; 9Child

(d) make an order placing the child in a place of safety for a period of three years from the date of the order or until he attains the age of eighteen years, whichever is the shorter; or

(e) in the case of a child who has no parent or guardian or who has been abandoned as described in paragraph 7()(e), make an order placing the child in the care, custody and control of a foster parent found to be suitable by the director General for a period of two years or until he attains the age of eighteen years, whichever is the shorter, and pending that, place the child in a place of safety.

() if the Court for Children makes an order under paragraph ()(e), the director General shall, in order to give effect to the order, immediately endeavour to place the child in the care, custody and control of a foster parent.

() if at any subsequent time the foster parent intends to return the child who has been placed in his care, custody and control under paragraph ()(e), he shall report in person to the protector and bring the child before the protector, and the protector shall place the child in a place of safety.

(4) if during the period mentioned in paragraph ()(e) the parent or guardian of the child concerned has not claimed the child or made any appearance, the Court for Children may-- (a) at the expiry of that period; and

(b) if the Court is satisfied that reasonable steps have been taken by the protector to trace the parent or guardian of the child,

make an order placing the child for adoption by the foster parent or any person who wishes to adopt the child and in any such case--

(aa) the parent's or guardian's consent for the adoption of the child shall be dispensed with; and

(bb) the adoption act 95 [Act 257] (in the case of a child not professing the religion of islam), the Registration of adoptions act 95 [Act 253], sabah adoption ordinance 960 and sarawak adoption ordinance [Cap 91] shall be construed accordingly.

40 Laws of Malaysia Act 611

(5) in determining what order to be made under subsection (), the Court for Children shall treat the best interests of a child as the paramount consideration.

(6) before making an order under subsection () or (4), the Court for Children shall consider and take into account any report prepared by the protector which--

(a) shall contain such information as to the family background, general conduct, home surrounding, school record and medical history of a child as may enable the Court for Children to deal with the case in the best interests of the child; and

(b) may include any written report of a social welfare officer, a registered medical practitioner or any other person whom the Court for Children thinks fit to provide a report on the child.

(7) in order to enable the protector to prepare and submit the report referred to in subsection (6), the Court for Children may--

(a) from time to time, adjourn the case for such periods not exceeding two months at a time; and

(b) make in respect of the child, as an interim order having effect only during the period of adjournment, any order which the Court for Children could have made under subsection ().

(8) a Court for Children may, in making any order under subsection (), impose such conditions or give such directions as the Court may deem fit for the purpose of ensuring the safety and well-being of the child in respect of whom such order is made, and such conditions or directions may include the following: (a) that the parent or guardian of the child accompanied by the child shall attend interactive workshops organized at designated centres established for such purpose; 4Child

(b) if the child is placed at a place of safety, that the parent or guardian shall visit the child on a regular basis as determined by the Court for Children; or

(c) if the child is in an educational institution, that the parent or guardian shall consult with the child's teacher and head teacher or principal once a month.

(9) any parent or guardian who fails to comply with any of the conditions imposed or directions given under subsection (8) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit.

(0) an order under subsection () shall not be made without giving the parent or guardian of the child an opportunity to attend and be heard.

() notwithstanding subsection (0), an order under subsection () may be made if the Court for Children is satisfied on information given by a protector that the parent or guardian of the child, having been required to attend, has failed to do so, or is not available or cannot be found within a reasonable time. () if the Court for Children is not satisfied that a child brought before it under section 9 or 5 is in need of care and protection, the Court for Children shall order the child to be returned to the care and custody of his parent or guardian. () a Court for Children may, on the application of-- (a) a protector;

(b) the person in charge of a place of safety; or (c) the parent or guardian of a child,

amend, vary or revoke any order made under this section-- (aa) if the Court for Children is satisfied that it is in the best interests of the child to do so; or

(bb) upon proof that the circumstances under which the order was made have changed after the making of the order. 4 Laws of Malaysia Act 611

ChaPter

offenCes in Relation to the health and

welfaRe of ChildRen

Ill-treatment, neglect, abandonment or exposure of children

31. () any person who, being a person having the care of a child--

(a) abuses, neglects, abandons or exposes the child in a manner likely to cause him physical or emotional injury or causes or permits him to be so abused, neglected, abandoned or exposed; or

(b) sexually abuses the child or causes or permits him to be so abused,

commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

() the Court--

(a) shall, in addition to any punishment specified in subsection (), order the person convicted of an offence under that subsection to execute a bond with sureties to be of good behaviour for such period as the Court thinks fit; and

(b) may include in the bond executed under paragraph (a) such conditions as the Court thinks fit.

() if a person who is ordered to execute a bond to be of good behaviour under subsection () fails to comply with any of the conditions of such bond, he shall be liable to a further fine not exceeding ten thousand ringgit or to a further imprisonment for a term not exceeding five years or to both.

(4) a parent or guardian or other person legally liable to maintain a child shall be deemed to have neglected him in a manner likely to cause him physical or emotional injury if, being able to so provide from his own resources, he fails to provide adequate food, clothing, medical or dental treatment, lodging or care for the child.

4Child

(5) a person may be convicted of an offence against this section notwithstanding that--

(a) suffering or injury to the health of the child in question or the likelihood of suffering or injury to the health of the child in question was avoided by the action of another person; or

(b) the child in question has died.

Children not to be used for begging, etc.

32. any person who causes or procures any child or, being a person having the care of a child, allows that child to be on any street, premises or place for the purposes of--

(a) begging, receiving alms, whether or not there is any pretence of singing, playing, performing or offering anything for sale; or

(b) carrying out illegal hawking, illegal lotteries, gambling or other illegal activities detrimental to the health and welfare of the child,

commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Offence to leave child without reasonable supervision

33. any person who, being a parent or a guardian or a person for the time being having the care of a child, leaves that child-- (a) without making reasonable provision for the supervision and care of the child;

(b) for a period which is unreasonable having regard to all the circumstances; or

commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding two years or to both.

44 Laws of Malaysia Act 611

ChaPter 4

notifiCation on takinG a Child into CaRe,

Custody oR ContRol

Application and interpretation

34. () this Chapter shall not apply to the taking of a child-- (a) into the care, custody or control of any person-- (i) in pursuance of an order of a Court of competent jurisdiction; or

(ii) by any protector or police officer acting under this act;

(b) as an inmate of a place of safety or of an orphanage, hospital, institution or centre--

(i) maintained by the federal Government or by any of the state Governments; or

(ii) approved by the minister;

(d) who is regularly attending an educational institution registered under any written law relating to education into the custody of a friend or relative of his parent or guardian with the consent of his parent or guardian. () in this Chapter, "guardian" of a child means a person-- (a) lawfully appointed by deed or will or by the order of a competent Court to be the guardian of the child; or (b) who has lawfully adopted the child.

Notification of taking a child into care, custody or control

35. () if a person takes a child into his care, custody or control--

(a) that person; and

45Child

(b) the person in whose care the child was at the time of such taking,

shall, not later than one week thereafter, notify the protector of such taking.

() on receiving any notification under subsection (), the protector shall make such inquiry as he thinks fit as to-- (a) the circumstances and the reasons for the taking; and (b) the suitability for that purpose of the person who has taken the child into his care, custody or control. () if, after the inquiry referred to in subsection (), the protector deems it expedient to do so in the best interests of the child, he may either--

(a) order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or

(b) permit the taking of the child on such terms and conditions as the protector may require.

(4) if the taking of a child by any person has been permitted under paragraph ()(b) subject to any term or condition and default is made in complying with such term or condition, the protector may by warrant under his hand order that the child-- (a) be taken out of the care, custody or control of such person; and

(b) be placed in a place of safety or in the custody of a relative or other fit and proper person on such terms and conditions as the protector may require until the child attains the age of eighteen years or for any shorter period.

(5) for the purposes of this section, a "person" includes an institution or a centre--

(a) not maintained by the federal Government or by any of the state Governments; or

(b) not approved by the minister.

46 Laws of Malaysia Act 611

(6) a protector shall, on receiving any notification under this section, record the particulars of such notification in a register in such form as may be prescribed.

(7) any person who fails to comply with subsection () commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Subsequent obligations

36. () if the taking of a child has been notified to and permitted by a protector under section 5, the person who has taken the child shall, if at any subsequent time--

(a) he intends to return the child to the care, custody or control of the parent or guardian of the child or any other person from whom the child was taken; or

(b) without his knowledge or consent, the child has left his care, custody or control,

report in person to the protector and shall, whenever practicable, bring or cause to be brought before the protector the child and the parent or guardian of the child or any other person from whom the child was taken.

() on receiving a report under subsection (), the protector shall make a note of the report and shall if--

(a) the child and the parent or guardian of the child or any other person from whom the child was taken are present at the time such report is received, return the child to his parent or guardian or such person, as the case may be; or

(b) the parent or guardian of the child or any other person from whom the child was taken is not present at the time such report is received--

(i) take the child into temporary custody until he can be returned to his parent or guardian or such

person; and

47Child

(ii) immediately send written information to the last known place of residence of his parent or guardian or of such person.

() any person who fails to comply with subsection () commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Power of Protector to require child to be produced before him

37. () if a protector has reason to believe that there is, within the area or the state within which he exercises jurisdiction, a child in respect of whose taking no notification has been made pursuant to section 5, he may, by summons under his hand addressed to the person who has or is believed to have the care, custody or control of the child, require that person to appear and to produce the child before him at the time and place specified in the summons for the purposes of an inquiry under subsection (4).

() if a person on whom a summons has been served under subsection () fails to produce the child at the time and place specified in the summons, the protector may apply to a magistrate for a search warrant under section to be issued to search for the child and to produce him before the protector. () any child named or described in such warrant may be temporarily--

(a) detained in a place of safety; or

(b) placed in the custody of a relative or other fit and proper person on such terms and conditions as the protector may require,

until the protector has completed his inquiry under this Chapter.

(4) the protector shall make such inquiry as he thinks fit as to--

(a) the circumstances and the reasons for the taking of the child referred to in subsection (); and

48 Laws of Malaysia Act 611

(b) the suitability of the person who has taken the child into his care, custody or control.

(5) if, after the inquiry mentioned in subsection (4), the protector deems it expedient in the best interests of the child, he may--

(a) order that the child be returned to the care, custody or control of his parent or guardian or the person in whose care he was at the time of such taking; or

(b) permit the taking of the child on such terms and conditions as the protector may require.

(6) if the taking of a child by any person has been permitted under paragraph (5)(b) subject to any term or condition and default is made in complying with such term or condition, the protector may by warrant under his hand order that the child-- (a) be taken out of the care, custody or control of such person; and

Part Vi

ChildRen in need of pRoteCtion and Rehabilitation ChaPter 1

GeneRal

Meaning of child in need of protection and rehabilitation

38. a child is in need of protection and rehabilitation if the child--

(a) is being induced to perform any sexual act, or is in any physical or social environment which may lead to the performance of such act;

49Child

(b) lives in or frequents any brothel or place of assignation; or

(c) is habitually in the company or under the control of brothel-keepers or procurers or persons employed or directly interested in the business carried on in brothels or in connection with prostitution.

Removal of a child to place of refuge

39. () any protector or police officer who is satisfied on reasonable grounds that a child is in need of protection and rehabilitation may order the child to be removed to a place of refuge and the child shall be temporarily detained in such place of refuge.

() every child who is temporarily detained under subsection () shall be brought before a Court for Children within twenty- four hours exclusive of the time necessary for the journey from the place where the child was so removed to the Court for Children.

() if it is not possible to bring a child before a Court for Children within the time specified in subsection (), the child shall be brought before a magistrate who may direct that the child be placed in a place of refuge until such time as the child can be brought before a Court for Children.

(4) if the Court for Children is satisfied that a child brought before it is in need of protection and rehabilitation, the Court for Children may order the child to be detained in a place of refuge until--

(a) an inquiry under section 40 to inquire into the circumstances of the child's case has been completed; and

(b) a report of the inquiry has been submitted to the Court for Children by the protector under subsection 40(). (5) if the Court for Children is not satisfied that a child brought before it is in need of protection and rehabilitation, the Court for Children shall order the child to be returned to the care and custody of his parent or guardian.

50 Laws of Malaysia Act 611

Orders upon completion of an inquiry

40. () an inquiry mentioned in subsection 9(4) shall be made by a protector.

() a protector shall complete the inquiry and submit the report of the inquiry to the Court for Children within a period not exceeding one month from the date of the admission of a child to a place of refuge under subsection 9().

() if after considering the report submitted under subsection () the Court for Children is satisfied that any child brought before it is a child in need of protection and rehabilitation the Court may, subject to the other provisions in this section-- (a) order the child to be detained in a place of refuge for a period of three years from the date of the admission of the child into a place of refuge under subsection 9() and the order shall be an authority for his detention in a place of refuge;

(b) make an order placing the child for such period not exceeding three years from the date of the order in the care of a person whether a relative or not who is willing and whom the Court for Children considers to be a fit and proper person to undertake the care of such child; (c) make an order requiring the parent or guardian of the child to execute a bond, with or without sureties, as the Court for Children may determine, for such period not exceeding three years from the date of the order subject to such conditions as the Court thinks fit for the proper care and guardianship of the child; or

(d) make an order placing the child under the supervision of a social welfare officer appointed for the purpose by the Court for Children, subject to such conditions as the Court thinks fit and for such period not exceeding three years from the date of the order.

(4) the order made under paragraph ()(a) or (d) may have the effect of extending the period of such detention or supervision, as the case may be, beyond the date on which the child attains the age of eighteen years.

51Child

(5) In determining what order to be made under subsection (3), theCourtForChildrenshalltreatthebestinterestsofachildas theparamountconsideration.

(6) Notwithstanding paragraph (3)(a), the Board of Visitors of the place of refuge in which a child is being detained may reducetheperiodofdetentionofthechildbutnoreductionshall be made which will have the effect of enabling the child to be releasedfromtheplaceofrefugewithintwelvemonthsfromthe dateofhisadmissionintotheplaceofrefugeasspecifiedinthat paragraph,exceptbytheauthorityoftheMinister.

(7) TheCourtForChildrenshall,whenmakinganorderunder paragraph(3)(a) or(d),ordertheparentorguardianofachildto executeabondforthedurationoftheorderwithsuchconditions whichmayinclude--

(a) inthecaseofparagraph(3)(a),regularvisitstotheplace ofrefugewherethechildisplaced;and

(b) inthecaseofparagraph(3)(d),ensuringthatthechild remainsindoorswithinstipulatedtimes.

(8) Anypersonwho--

(a) isorderedtoexecuteabondundersubsection(3)or(7), asthecasemaybe;and

(b) fails to comply with any of the conditions of such bond,

commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgit.

(9) Any child sent to a place of refuge for detention under paragraph (3)(a) shall, on the expiration of the period of his detentionwhetherby--

(a) effluxionoftime;or

(b) reason of any reduction made pursuant to subsection (6),

be placed under the supervision of a Social Welfare Officer or other personappointedbytheProtector for suchpurpose. (10) The period of supervision for the purpose of subsection (9) shall be determined by the Board of Visitors of the place of refuge on the recommendation of the Protector but shallnotinanycaseexceedoneyearfromthedateofexpiration oftheperiodofdetentionofthechild.

52 Laws of Malaysia Act 611

(11) The Minister may on the application of the child or his parent or guardian exempt the child from the application of subsection (9) if he is satisfied that the case warrants such exemption.

(12) WithoutprejudicetothepowersoftheBoardofVisitors pursuant to subsection (6) the Court For Children may, on the applicationinwritingmadeby--

(a) aProtector;

(b) the parent or guardian of the child to whom an order madeunderthissectionrelates;or

amend,varyorrevokeanyordermadeunderthis section-- (aa) iftheCourtForChildrenissatisfiedthatitisinthebest interestsofthechildtodoso; and

(bb) uponproofthatthecircumstancesunderwhichtheorder wasmadehavechangedafterthemakingofthe order.

(13) Anorderundersubsection(3)shallnotbemadewithout givingtheparentorguardianofthechildanopportunitytoattend andbeheard.

(14) Notwithstanding subsection (13), an order under subsection(3)maybemadeiftheCourtForChildrenissatisfied oninformationgivenbyaProtectorthattheparentorguardianof thechild,havingbeenrequiredtoattend,hasfailedtodoso,or isnotavailableorcannotbefoundwithinareasonabletime. Children in urgent need of protection

41. (1) Any child who is in urgent need of protection may on his own application in the prescribed form be received by the Protector into a place of refuge if the Protector is satisfied that thechildisinurgentneedofprotection.

(2) Achildisinurgentneedofprotectionifthereisreasonable cause tobelievethat--

(a) thechildisbeingthreatenedorintimidatedforpurposesof prostitutionorforpurposesofhavingsexualintercourse withanotherorforanyimmoralpurpose;

53Child

(b) the child is to be confined or detained by another in contraventionofthisPart;

(d) if the child is a female, that she is pregnant out of wedlock.

(3) Subject to subsections (4) and (5), and if circumstances warrant it, the person in charge of any place of refuge may receiveintotheplaceofrefugeanychildwho--

(a) isinurgentneedofprotection;and

(b) makesanapplicationunderthissectiontothepersonin charge.

(4) If the person in charge of a place of refuge receives any child under subsection (3), that child shall be brought before a Protectorwithintwenty-fourhoursofhisadmissionintotheplace ofrefugewithafullreportofthecircumstances.

(5) Achildadmittedunderthissectionispermittedtoresidein theplaceofrefugeonlysolongastheProtectorissatisfiedthat the childisinurgentneedofprotectionunderthissection. (6) TheProtector--

(a) whoreceivesachildundersubsection(1);or

(b) beforewhomachildisbroughtundersubsection(4),

shallimmediatelyinformtheCourtForChildrenofsuchadmission withafullreportofthecircumstancesandshallinthelikemanner informtheCourtofhisdeparture.

Inquiries and detention of a child who has been bought or acquired under false pretences, etc.

42. (1) If the Protector has reasonable cause to believe that a child--

(a) hasbeenbroughtintooristobesentoutofMalaysiaand thecustodyofthechildhasbeenacquiredeither--

(i) afterhavingbeenpurchased;or

54 Laws of Malaysia Act 611

(ii) byfraud,falserepresentationorfalse pretence, whetherornotforthepurposeof prostitution;

(b) hasbeenprocuredeitherwithinoroutsideMalaysiafor the purpose of being used, trained or disposed of as a prostitute;or

(ii) being sent out of Malaysia for the purposes of prostitutionorforimmoralpurposes,

the Protector may order the child to be removed to a place of refugeandthechildshallbetemporarilydetainedinsuchplace ofrefuge.

(2) Everychildwhoistemporarilydetainedundersubsection (1)shallbebroughtbeforeaCourtForChildrenwithintwenty- fourhoursexclusiveofthetimenecessaryforthejourneyfrom the place where the child was so removed to the Court For Children.

(3) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the childbeplacedinaplaceofrefugeuntilsuchtimeasthechild canbebroughtbeforeaCourtForChildren.

(4) The Court For Children before whom a child is brought shallorder thechildtobedetainedinaplaceofrefugeuntil-- (a) aninquiryintothecircumstancesofthechild'scasehas beencompleted;and

(b) areportoftheinquiryhasbeensubmittedtotheCourt ForChildrenbytheProtectorundersubsection(6).

(5) An inquiry referred to in paragraph (4)(a) shall be made byaProtector.

(6) The Protector shall complete the inquiry and submit the report of the inquiry to the Court For Children within a period not exceeding one month from the date of the admission of the childtotheplaceofrefuge.

55Child

(7) Ifafterconsideringthereportsubmittedundersubsection (6)theCourtForChildrenissatisfiedthatachildbroughtbefore itisinneedofprotectionandrehabilitation,theCourtmay-- (a) order the child to be detained in a place of refuge for suchperiodnotexceedingthreeyearsfromthedateof

the order as the Court may in the best interests of the childdeemfit;or

(b) make an order placing the child under the supervision ofaSocialWelfareOfficerappointedbytheCourtfor

suchperiodnotexceedingthreeyearsfromthedateof

theorderastheCourtmayintheinterestofsuchchild

deemfit.

(8) Theordermadeundersubsection(7)mayhavetheeffect ofextendingtheperiodofsuchdetentionorsupervision,asthe casemaybe,beyondthedateonwhichthechildattainstheage ofeighteenyears.

(9) Subsections 40(12) to (14) shall apply in respect of any ordermadeundersubsection(7)astheyapplytoanordermade undersection40.

(10) If the Court For Children is not satisfied that the child broughtbeforeitisinneedofprotectionandrehabilitation,the Court For Children shall order the child to be returned to the care andcustodyofhisparentorguardian.

Chapter 2

OFFENCES

Offences

43. (1) Anypersonwho-- (a) sells,letsforhireorotherwisedisposesof,orbuysor hires or otherwise obtains possession of, a child with intent that the child is to be employed or used for the purposeofprostitution,eitherwithinoroutsideMalaysia, or knowing or having reason to believe that the child willbesoemployedor used;

56 Laws of Malaysia Act 611

(b) procuresachildforpurposesofprostitutionorforthe purposes of having sexual intercourse with any other person,eitherwithinoroutsideMalaysia;

(c) byorunderanyfalsepretence,falserepresentation,or fraudulentordeceitfulmeansmadeorused,eitherwithin or outside Malaysia, brings or assists in bringing into, or takes out of or assists in taking out of, Malaysia, a child with intent that the child is to be employed or usedforpurposesofprostitution,eitherwithinoroutside Malaysia, or knowing or having reason to believe that thechildwillbesoemployedorused;

(d) bringsintoMalaysia,receivesorharboursachildknowing or having reason to believe that the child has been procuredforpurposesofprostitutionorforthepurposes ofhavingsexualintercoursewithanyotherperson,either withinoroutsideMalaysia,andwithintenttoaidsuch

purpose;

(e) knowing or having reason to believe that a child has beenbroughtintoMalaysiainthecircumstancesasset

out in paragraph (c) or has been sold, let for hire, or hired or purchased in the circumstances as set out in paragraph(a),orincontraventionofanyotherwritten

law receives or harbours the child with intent that he is to be employed or used for purposes of prostitution eitherwithinoroutsideMalaysia;

(f) detainsachildinabrothelagainstthechild'swill; (g) detainsachildinanyplaceagainstthechild'swillwith intent that the child is to be employed or used for purposesofprostitutionorforanyunlawfulorimmoral

purpose;

(h) bymeansofanyadvertisementorothernoticepublished inanymannerordisplayedinanyplaceoffersachild

for purposes of prostitution or seeks information for that purpose or accepts such advertisement or notice forpublicationordisplay;

(i) actsasanintermediaryonbehalfofachildorexercises control or influence over the movements of a child in such a manner as to show that the person is aiding or abettingorcontrollingtheprostitutionofthatchild;

57Child

(j) engagesorhires,foranyvaluableconsideration,achildto provideservicesforthatperson'ssexualgratification; (k) attemptstodoanyactincontraventionofthissection, commitsanoffenceandshallonconviction--

(aa) in the case of offences under paragraphs (a) to (h) or paragraph (k), be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceedingfifteenyearsortoboth;and

(bb) inthecaseofanoffenceunderparagraph(i) or(j),be liable to a fine not exceeding fifty thousand ringgit and to imprisonment for a term of not less than three yearsbutnotmorethanfifteenyearsandshallalsobe

punishedwithwhippingofnotmorethansixstrokes.

(2) Any person who is convicted of a second or subsequent offence--

(a) underparagraphs(1)(a) to(g) orparagraph(1)(k),shallbe liabletowhippingof notmorethantenstrokes;and

(b) under paragraphs (1)(i) or (j), shall be punished with whippingofnotlessthansixstrokesbutnotmorethan

tenstrokes,

in addition to any term of imprisonment imposed in relation to such offence.

(3) Sections 173a and 294 of the Criminal Procedure Code shall not apply in respect of offences under paragraphs (1)(i) and(j).

Presumptions relating to section 43

44. For the purposes of section 43, it shall be presumed until the contraryisprovedthataperson--

(a) who takes or causes to be taken into a brothel a child hasdisposedofthechildwiththeintentorknowledge

mentionedinparagraph43(1)(a);

(b) whoreceivesachildintoabrothelorharboursachildin abrothelhasobtainedpossessionofthechildwiththe

intentorknowledgementionedinparagraph43(1)(a);

58 Laws of Malaysia Act 611

toremaininthebrothelortheplace,thatperson--

(i) withholdsfromthechildanywearingapparelor

anyotherpropertybelongingtothechildorany

wearing apparel commonly or last used by the

child;

(ii) threatensthechildwithlegalproceedingsifthe

child takes away any wearing apparel or any

other property which has been lent or hired out

orsuppliedtothechild;

(iii) threatensthechildwithlegalproceedingsforthe recoveryofanydebtorallegeddebtorusesany

otherthreat;or

(iv) without any lawful authority detains the child's identity card issued under the law relating to

nationalregistrationorthe child's passport.

Detention pending proceedings

45. (1) AnyCourtinquiringintoortryinganyoffencespecified in the Second Schedule (in this Act referred to as "scheduled offence")mayorderachild--

(a) withrespecttowhomascheduledoffenceisallegedto havebeencommitted;and

(b) whomtheCourtconsidersto beinneedofprotection, tobedetainedtemporarilyinaplaceofsafetyuntilthedetermination of the proceedings against the person charged but the detention shall not extend beyond the date on which the child attains the ageofeighteenyears.

(2) Notwithstandingthedeterminationoftheproceedings,the Court may, on an application made by the Protector and if the Courtissatisfiedthatachildisinneedofprotection,orderthe detention of the child in a place of safety in accordance with paragraph30(1)(d).

59Child

part VII

BEYONDCONTROL

Children beyond control

46. (1) If the parent or guardian of a child requests the Court ForChildreninwritingtodetainachildinanapprovedschool, placeofrefuge,probationhostelorcentreonthegroundthatthe parent or guardian is unable to exercise proper control over the child,theCourtForChildren--

(a) shallimmediatelyinquireintothecircumstancesofthe child'scase;

(b) shalldirecttheprobationofficertosubmitaprobation reporttotheCourtForChildrenfortheCourttodetermine whetheranorderundersubsection(2)maybemadein

respectofthechild;and

(c) may order the child to be temporarily detained in an approved school, place of refuge, probation hostel or centreifitdeemsitnecessarytodoso.

(2) If after considering the report referred to in paragraph (1)(b) theCourtForChildrenissatisfiedthat--

(a) itisexpedientsotodeal withthechild;and

(b) theparentorguardianunderstandstheresultswhichwill followfromandconsentstothemakingoftheorder,

the Court For Children may, on the recommendation of the probationofficer,orderthatthechild--

(aa) besenttoanapprovedschool,placeofrefuge,probation hostelorcentre,asmaybe appropriate;or

(bb) beplacedforsuchperiodnotexceedingthreeyearsunder thesupervisionof--

(i) aprobationofficer; or

(ii) someotherpersonappointedforthepurposeby

theCourt,

andanysuchordermayrequirethechildtoresidefor

a period not exceeding twelve months in a probation hostel.

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Supervision by probation officer

47. (1) IfaCourtForChildrenmakesanorderunderparagraph 46(2)(bb) placing a child under the supervision of a probation officer or ofsomeotherperson,thatofficerorotherperson-- (a) shall,whiletheorderremainsinforce,visit,adviseand befriendthechild;and

(b) may,ifitappearsnecessarytodoso,atanytimewhile the order remains in force, bring the child before the SupervisingCourt.

(2) The Supervising Court before whom a child is brought under paragraph (1)(b) may, if it deems it expedient to do so, amendtheordermadeundersection46and--

(a) sendthechild,subjecttotheconsentofthechild'sparent or guardian, to an approved school, place of refuge or centre,whicheverisappropriate;or

(b) place the child in the care of a fit and proper person, whether a relative or not, who is willing to undertake the care of the child, for the unexpired period of the order.

part VIII

TRAFFICKING INANDABDUCTIONOF CHILDREN

Unlawful transfer of possession, custody or control of child

48. (1) Anypersonwhotakespartinanytransactiontheobject or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody orcontrolofachildforanyvaluableconsiderationcommitsan offenceandshallonconvictionbeliabletoafinenotexceeding tenthousandringgitortoimprisonmentforatermnotexceeding five yearsortoboth.

(2) Anypersonwhowithoutlawfulauthorityorexcuseharbours orhasinhispossession,custodyorcontrolachildwithrespectto whomthetemporaryorpermanentpossession,custodyorcontrol has been transferred or conferred for valuable consideration by 61Child

anyotherpersonwithinoroutsideMalaysiacommitsanoffence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding fiveyearsortoboth.

(3) Forthepurposesofsubsection(2),ifanypersonharbours orhasinhispossession,custodyorcontrolachildwithoutlawful authorityorexcuse,thechildshall,untilthecontraryisproved, be presumed to be a child with respect to whom the temporary orpermanentpossession,custodyorcontrolhasbeentransferred orconferredforvaluableconsideration.

(4) Itshallbeadefenceinanyprosecutionunderthissection toprovethat--

(a) thetransfertookplaceincontemplationoforpursuant toabona fide marriage oradoption; and

(b) at least one of the natural parents of the child or the guardian of the child was a consenting party to the marriageortotheadoptionby theadoptingparty,

and had expressly consented to the particular marriage or adoption.

Importation of child by false pretences

49. Anypersonwho-- (a) byorunderanyfalsepretenceorrepresentationmade; or

(b) byfraudulentordeceitfulmeans used,

eitherwithinoroutsideMalaysia,bringsorassistsinbringinga childintoMalaysiacommitsanoffenceandshallonconviction be liable to a fine not exceeding ten thousand ringgit or to imprisonmentforatermnotexceedingfive yearsortoboth. Examination of child and person in charge

50. AProtectororanypersonauthorizedinwritingbyaProtector may require--

(a) achildwhohasenteredorbeenbroughtintoMalaysia; and

62 Laws of Malaysia Act 611

(b) anypersonwhomayappeartohavethecustodyorcontrol ofsuchchild,

toappearbeforehim,atanyreasonabletimeandatanyconvenient place,to beexaminedpursuanttosection113.

Protector may require security

51. If a Protector has reasonable cause to believe that a child--

(a) hasbeenbroughtintoMalaysiaeither--

(i) after having been transferred for valuable

consideration;or

(ii) by fraud, misrepresentation or any false

pretence;

(b) has been transferred to the custody or control of any personforvaluableconsiderationeitherwithinoroutside Malaysia;or

the Protectormay--

(aa) require any person in whose custody or under whose controlthechildappearstobe--

(i) tofurnishhimwithcopiesofthechild'sandthat

person'sownphotographs;and

(ii) tofurnishsecuritytothesatisfactionoftheProtector thatthechild--

(A) willnotleavetheareaortheStateinwhich

hetheniswithoutthepriorwrittenconsent

oftheProtector;

(B) willnotbetransferredtothecareorcustody

ofanyotherpersonwithoutthepriorwritten

consentoftheProtector;and

theProtectorrequires;or

63Child

(bb) inthefirstinstance,orifdefaultbemadeincomplying with any order made under paragraph (aa), make an orderthat--

(i) thechildbetakenoutofthecustodyoftheperson

inwhosecare,custodyorcontrolthechildisand

placedthechild inaplaceofsafety;or

(ii) on such security and on such conditions as the Protector may require, the child be placed in

thecustodyofarelativeorotherfitandproper

person,

until the child attains the age of eighteen years or for anyshorterperiod.

Offence of taking or sending out a child without appropriate consent of person having lawful custody

52. (1) Anyparentorguardianwho-- (a) doesnothavethelawfulcustodyofachild;and

(b) takes or sends out a child, whether within or outside Malaysia,

withouttheconsentofthepersonwhohasthelawfulcustodyof the child commits an offence and shall on conviction be liable toafinenotexceedingtenthousandringgitortoimprisonment fora termnotexceedingfiveyearsortoboth.

(2) Apersonhaslawfulcustodyofachildunderthissectionif hehasbeenconferredcustodyofthechildbyvirtueofanywritten law orbyanorderofaCourt,includingaSyariahCourt.

(3) It shall be a defence under this section if a parent or guardiantakesorsendsachildawaywithouttheconsentofthe personhavinglawfulcustodyofthechildif--

(a) theparentorguardian--

(i) doesitinthebeliefthattheotherpersonconsented, orwouldhaveconsented,ifhewasawareofall

therelevantcircumstances;or

64 Laws of Malaysia Act 611

(ii) has taken all reasonable steps to communicate with the other person but has been unable to

communicatewithhim;

(b) theparentorguardianhasreasonablegroundstobelieve thatthechildisbeingabused,neglected,abandonedor

exposedinamannerlikelytocausethechildphysical

oremotionalinjury;or

Recovery order

53. (1) IfitappearstotheCourtthatthereisreasontobelieve thatachildhadbeentakenorsentawaywithouttheconsentof the person who has lawful custody of the child as described in section52,theCourtmaymakearecoveryorder.

(2) ArecoveryordermaybemadebytheCourtonapplication being made by or on behalf of any person who has the lawful custodyofthechild.

(3) For the purposes of this section, a "recovery order" may--

(a) directanypersonwhoisinapositiontodosotoproduce thechildonrequesttoanyauthorizedperson;

(b) authorize the removal of the child by any authorized person;

(d) authorize any police officer to enter into any premises specified in the order and search for the child, using reasonableforceifnecessary.

(4) Any person who intentionally obstructs an authorized personfromexercisingthepowersundersubsection(3)commits anoffenceandshallonconvictionbeliabletoimprisonmentfor atermnotexceedingthreeyearsandtowhippingnotexceeding six strokes.

65Child

part IX

INSTITUTIONS

Chapter1

PLACESOF SAFETYANDPLACESOFREFUGE

Places of safety

54. (1) TheMinistermay,bynotificationintheGazette,establish orappointanyplace,institutionorcentretobeaplaceofsafety for thecareandprotectionofchildren.

(2) The Minister may at any time direct the closing of any placeofsafetyestablishedorappointedundersubsection(1). Places of refuge

55. (1) TheMinistermay,bynotificationintheGazette,establish orappointanyplace,institutionorcentretobeaplaceofrefuge forthecareandrehabilitationofchildren.

(2) The Minister may at any time direct the closing of any placeofrefugeestablishedorappointedundersubsection(1). Child who escapes or is removed from place of safety or place of refuge

56. Anychildwhoescapesorisremovedfromaplaceofsafety orplaceofrefugewithoutlawfulauthority--

(a) maybearrestedwithoutawarrantbyanyProtectoror

policeofficerandshallbebroughtbacktotheplaceof

safetyorplaceofrefuge;and

(b) shallbedetained--

(i) inthecaseofaplaceofsafety,forsuchperiod

which is equal to the unexpired residue of his

stayundertheorderoriginallymadebytheCourt

ForChildren;and

66 Laws of Malaysia Act 611

(ii) inthecaseofaplaceofrefuge,forsuchperiod

which is equal to the period during which he

was unlawfully at large and for the unexpired

residueofhistermofdetentionundertheorder

originallymadebythe Court ForChildren.

Offence of removing or helping a child to escape from place of safety or place of refuge

57. Any personwho-- (a) removesachildfromaplaceofsafetyorplaceofrefuge withoutlawfulauthority;

(b) knowinglyassistsorinduces,directlyorindirectly,achild to escape from a place of safety or a place of refuge; or

(c) knowingly harbours or conceals a child who has so escaped, or prevents him from returning to the place ofsafetyorplaceofrefuge,

commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgitortoimprisonmentforaterm not exceedingfiveyearsortoboth.

Chapter2

PLACESOF DETENTION

Places of detention

58. (1) TheMinistermay,bynotificationintheGazette,establish or appoint such places of detention as may be required for the purposesofthisAct.

(2) Achildshallordinarilyberemandedincustodyinaplace ofdetentionestablishedorappointedunderthisActandsituated inthesameStateinwhichissituatedtheCourtForChildrenby whichthechildisremanded.

67Child

(3) The order or judgment in pursuance of which a child is committedtocustodyinaplaceofdetentionshallbe--

(a) delivered with the child to the person in charge of the placeofdetention;and

(b) anauthorityforhisdetentionintheplaceofdetentionin accordancewiththeterms oftheorderorjudgment.

(4) Achildwhilebeingdetainedandwhilebeingconveyedto andfromtheplaceofdetentionshallbedeemedtobeinlawful custody.

(5) TheMinister--

(a) shallcauseplacesofdetentiontobeinspected;and

(b) maymakeregulations--

(i) astotheclassification,treatment,employmentand control of children detained in such places of

detention;and

(ii) to provide for the appointment of fit and proper persons to visit periodically children detained in suchplacesofdetention.

Child who escapes or is removed from place of detention

59. Anychildwhoescapesorisremovedfromaplaceofdetention withoutlawfulauthority--

(a) may be arrested without a warrant by any Protector or police officer and be brought back to the place of detention;and

(b) shallbedetainedintheplaceofdetentionfortheunexpired residueofhistermofdetentionundertheorderoriginally issuedbytheCourtForChildren.

Offence of removing or helping a child to escape from place of detention

60. Anypersonwho-- (a) removesachildfromaplaceofdetentionwithout

lawfulauthority;

68 Laws of Malaysia Act 611

(b) knowinglyassistsorinduces,directlyorindirectly, achildtoescapefromaplaceof detention;or

so escaped, or prevents him from returning to

theplaceofdetention,

commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgitortoimprisonmentforaterm notexceedingfiveyearsortoboth.

Chapter 3

PROBATIONHOSTELS

Probation hostels

61. (1) TheMinistermay,bynotificationintheGazette,establish or appoint such probation hostels as may be required for the purposesofthisAct.

(2) The Minister may make regulations for the regulation, managementandinspectionofprobationhostels.

Child under ten years of age not to be sent to probation hostel

62. ACourtForChildrenshallnotmakeanorderrequiringachild underthe ageoftenyearstobesenttoaprobationhostel. Child who escapes or is removed from probation hostel

63. Anychildwhoescapesorisremovedfromaprobationhostel withoutlawfulauthority--

(a) maybearrestedwithoutawarrantbyanyprobationofficer orpoliceofficer;and

(b) bebroughtbacktothathostelorbeforetheSupervising Court,

andtheSupervisingCourtmaydealwithhimfortheoffencefor whichhewassenttotheprobationhostelinthesamemannerin which the Supervising Court could deal with him if it had just foundhimguiltyofthatoffence.

69Child

Offence of removing or helping a child to escape from probation hostel

64. Anypersonwho-- (a) removesachildfromaprobationhostelwithoutlawful authority;

(b) knowingly assists or induces, directly or indirectly, a childtoescapefrom a probationhostel;or

hostel,

commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgitortoimprisonmentforaterm not exceedingfiveyearsortoboth.

Chapter 4

APPROVED SCHOOLS

Approved schools

65. (1) TheMinistermay,bynotificationintheGazette,establish or appoint such approved schools as may be required for the education, training and detention of children to be sent there in pursuanceofthisAct.

(2) TheMinistermayclassifysuchapprovedschools--

(a) accordingtotheagesofthepersonsforwhomtheyare

intended;and

(b) insuchotherwaysashemaythinkfitsoastoensure

that a child sent to an approved school is sent to a schoolappropriatetohiscase.

Child under ten years of age not to be sent to approved school

66. ACourtForChildrenshallnotmakeanorderrequiringachild undertheageoftenyearstobesenttoanapprovedschool.

70 Laws of Malaysia Act 611

When a child can be sent to approved school

67. (1) If-- (a) a childisfoundguiltyofanyoffence;

(b) theprobationreportsubmittedtotheCourtForChildren showsthat--

(i) theparentsorguardianofthechildcannolonger

exerciseorisincapableofexercisinganyproper,

controloverhim;and

(ii) thechildisinneedofinstitutionalrehabilitation; and

(c) it appears to the Court For Children that although the offence committed is not serious in nature but it is expedientthatthechildbesubjecttodetentionforsuch

termandundersuchinstructionanddisciplineasappears mostconducivetohisreformation,

the Court For Children shall, on the recommendation of the probationofficer,sendthechildtoanapprovedschool.

(2) If a Court For Children orders a child to be sent to an approvedschool,theordershallbeanauthorityforhisdetention inthatapprovedschoolforaperiodofthreeyearsfromthedate oftheorder.

(3) Notwithstanding subsection (2) the Board of Visitors of the approved school to which a child is sent may, in their discretion--

(a) shortentheperiodofdetentionforreasonswhichappear tothemtobesufficient;or

(b) permitanysuchchildtobereleasedforsuchperiodand uponsuchconditionsastheymaydeem fittoimpose.

(4) A child shall not be permitted to be released from an approved school under paragraph (3)(b) during the first twelve monthsoftheperiodofdetentionwithouttheconsentinwriting of theMinister.

71Child

Approved school order to be delivered to the authority, etc., who conveys child to the school

68. (1) TheCourtForChildrenwhichmakesanapprovedschool order shall cause it to be delivered to the authority or person responsibleforconveyingthechildtotheschool,andtheauthority or person who conveys the child to the school shall deliver the approvedschoolordertothepersonforthetimebeingincharge oftheschool.

(2) TheCourtForChildrenwhichmakesanapprovedschool order shall cause all such information in the possession of the Court with respect to a child as is in the opinion of the Court should be known by the person for the time being in charge of theschool,tobetransmittedtothepersonforthetimebeingin chargeoftheschool.

(3) If a child has been ordered to be sent to an approved school, any person who knowingly harbours or conceals him afterthetimehascomeforhimtogototheschoolcommitsan offenceandshallonconvictionbeliabletoafinenotexceeding tenthousandringgitortoimprisonmentforatermnotexceeding five yearsortoboth.

(4) Ifapersonauthorizedtotakeachildtoanapprovedschool is, whenthetimehascomeforhimtogototheschool,unable to--

(a) findthechild;or

(b) obtainpossessionofthe child,

the Court For Children may, if satisfied by information on oath or affirmation that there is reasonable ground for believing that some person named in the information can produce the child, issue a summons requiring the person so named to attend at theCourtonsuchdayasmaybespecifiedinthesummonsand

producethechild.

(5) Ifthepersonreferredtoinsubsection(4)failstocomply with the requisition under that subsection without reasonable excuse he shall, in addition to any other liability to which he may be subject to under this Act, on conviction be liable to a finenotexceedingtenthousandringgit.

72 Laws of Malaysia Act 611

Further detention in approved school beyond period of order

69. If the person for the time being in charge of an approved schoolissatisfiedthatachild--

(a) whoseperiodofdetentionintheapprovedschoolisabout toexpireneedsfurthercareortraining;and

(b) cannot be placed in suitable employment without such furthercareortraining,

hemay,iftheBoardofVisitorsoftheapprovedschoolconsent, detainhimforafurtherperiodnotexceedingsixmonthsbutany suchperiodshallnotextendbeyondthedatethechildattainsthe age ofeighteenyears.

Aftercare of child released from approved school

70. If a child is sent to an approved school, the Court For Childrenmakingtheordershall,atthesametime,makeanorder that after the expiration of the period of his detention he shall, foraperiodofoneyear,beunderthesupervisionof--

(a) a probationofficer;or

(b) suchotherpersonastheChildWelfareCommitteemay

appoint.

Escape from approved school, etc., or failure to return to approved school after expiry of leave, etc.

71. (1) Anychildwho-- (a) escapesfromtheapprovedschoolinwhichheisdetained, or from any hospital, home or place in which he is receivingmedicalattention;

(b) being absent from the approved school on temporary leaveofabsenceorwithpermission--

(i) runsawayfromthepersoninwhosechargeheis;

(ii) fails to return to the approved school upon the expiration of his leave, or upon the revocation

ofsuchpermission;or

73Child

may be arrested without a warrant and be brought before the Court For Children where the child is found or the approved schoolissituated.

(2) If a child brought before a Court For Children under subsection(1)isundertheageoffourteenyears,theCourtFor Childrenshallorderthechildtobebroughtbacktotheapproved schoolortobesenttoanotherapprovedschoolfor--

(a) a period which is equal to the period during which he wasunlawfullyatlarge;

(b) theremainderofhisperiodofdetention;and

direct,inadditiontotheperiodsmentionedinparagraphs (a) and(b).

(3) If a child brought before the Court For Children under subsection (1) has attained the age of fourteen years, the Court ForChildrenmayorderthechild--

(a) tobebroughtbacktotheapprovedschoolortobesent

toanotherapprovedschool for--

(i) aperiodequaltotheperiodduringwhichhewas

unlawfullyatlarge;

(ii) theremainderofhisperiodofdetention;and

(iii) suchfurtherperiodnotexceedingsixmonthsas

theCourtmaydirect;or

(b) ifcircumstanceswarrantitandontherecommendation oftheprobationofficertheCourtthinksitnecessaryto

do so, to be sent to a Henry Gurney School for such periodastheCourtmaydirect.

Offence of removing or helping a child to escape from approved school

72. Anypersonwho-- (a) removesachildfromanapprovedschoolwithoutlawful authority;

74 Laws of Malaysia Act 611

(b) knowingly assists or induces, directly or indirectly, a childtoescapefromanapprovedschool; or

school,

commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgitortoimprisonmentforaterm not exceedingfiveyearsortoboth.

Chapter 5

HENRYGURNEYSCHOOLS

Henry Gurney Schools

73. The Minister may, by notification in the Gazette, establish or appoint such Henry Gurney Schools as may be required for thepurposesofthisAct.

Child under fourteen years of age not to be sent to Henry Gurney School

74. A Court For Children shall not make an order requiring a child under the age of fourteen years to be sent to a Henry Gurney School.

When a child can be sent to Henry Gurney School

75. (1) If-- (a) a child is found guilty of any offence punishable with imprisonment;

(b) theprobationreportsubmittedtotheCourtForChildren showsthat--

(i) theparentsorguardianofthechildcannolonger

exerciseorisincapableofexercisinganyproper

controloverhim;

(ii) thechildishabituallyinthecompanyofpersons

ofbadcharacter;and

75Child

(iii) thechildisnotsuitabletoberehabilitatedinan approvedschool;and

(i) that the offence committed is serious in nature; and

(ii) by reason of the nature of the child's criminal habitsandtendenciesitisexpedientthatthechild

be subject to detention for such term and under

such instruction and discipline as appears most

conducive to his reformation and the repression

ofcrime,

the Court For Children shall, on the recommendation of the probationofficer,sendthechildtoaHenryGurneySchool. (2) IfaCourtForChildrenordersachildagedfourteenyears orabovetobesenttoaHenryGurneySchool--

(a) theordershallbe--

(i) anauthorityforhisdetentionforaperiodofthree

yearsfromthedate oftheorder;and

(ii) validforhisdetentionuptobutnotafterhehas

attainedtheageoftwenty-oneyears;and

(b) sections 68 to 72 shall apply with the following modifications:

(i) forthewords"approvedschool"whereverappearing thereshallbesubstitutedthewords"HenryGurney

School";and

(ii) insection69,forthewords"theBoardofVisitors

of the approved school consent" there shall be

substituted the words "the Director General of

Prisons in the case of a Henry Gurney School

consents"andtheagereferredtointhatsection

shallbeincreasedbythreeyears.

(3) Notwithstanding subsection (2), the Director General of Prisonsmay,inhisdiscretion--

(a) shorten the period of detention of a child in a Henry Gurney School for reasons which appear to him to be sufficient;or

76 Laws of Malaysia Act 611

(b) releaseanysuchchildwithpermissionforsuchperiodand uponsuchconditionsashe maydeemfittoimpose.

Chapter 6

SPECIALPROVISIONS INRELATIONTOPLACESOFSAFETY,

PLACESOF REFUGE,APPROVEDSCHOOLS

ANDHENRYGURNEYSCHOOLS

Power in respect of persons of eighteen years but under twenty-one years of age

76. Notwithstanding anything in this Act, the High Court, a Sessions Court and a Magistrate's Court shall have the power toorderthedetention,inaHenryGurneySchool,uptobutnot afterhehasattainedtheageoftwenty-oneyears,ofanyperson who has attained the age of eighteen years but has not attained the ageof twenty-oneyearsatthedateofmakingsuchorder. Power of Minister to remove person undergoing imprisonment to Henry Gurney School

77. (1) TheMinistermay,bywarrantunderhishand,directany person who--

(a) hasattainedtheageofeighteenyearsbuthasnotattained theageoftwenty-oneyears;and

(b) isinprisonunderasentenceofimprisonment,

toberemovedtoaHenryGurneySchool.

(2) If awarrantismadeundersubsection(1)--

(a) the unexpired residue of that person's prison sentence shallbedeemedtobecancelled;and

(b) such warrant shall be an authority for the detention of thatpersonintheHenryGurneySchoolunderthisAct

until the date when his sentence, less any remission for good conduct earned while serving his sentence in prison,would,butforthis section,have expired.

(3) A warrant under subsection (1) shall not be made unless the ageof thepersonandtheunexpiredresidueofhis sentence 77Child

ofimprisonmentpermithimtobedetainedintheHenryGurney Schoolfornotlessthantwoyears.

Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School

78. (1) The Minister may, by warrant under his hand, direct a child who is in prison under an order of imprisonment to be removedtoanapprovedschoolor aHenryGurneySchool.

(2) Ifawarrantismadeundersubsection(1)--

(a) the unexpired residue of that child's prison order shall bedeemedtobecancelled;and

(b) such warrant shall be an authority for the detention of thatchildintheapprovedschoolortheHenryGurney

School, as the case may be, under this Act until the datewhenhisprisonorder,lessanyremissionforgood

conductearnedwhileservinghistermofimprisonment,

would,butforthissection,haveexpired.

(3) The Minister may, at any time for reasons which appear tohimtobesufficient,byorderinwritingdirecttheremovalof anychildfrom--

(a) anapprovedschooltoanyotherapprovedschoolorto

aHenryGurneySchool;or

(b) aHenryGurneySchooltoanyotherHenryGurneySchool ortoanapprovedschool,

asmaybespecifiedintheorder.

Power to substitute term of detention to term of

imprisonment

79. IfitismadetoappeartoanyCourtForChildrenuponthe application of the person in charge of any approved school or Henry Gurney School that any child detained in the approved schoolorHenryGurneySchoolunderthisAct--

(a) hasbeenguiltyofaseriousandwilfulbreachoftherules oftheapprovedschoolorHenryGurneySchool;

78 Laws of Malaysia Act 611

(b) hasbeenguiltyofincitingotherinmatesoftheapproved schoolorHenryGurneySchooltosuchabreach;or

School,

theCourtForChildrenmaysubstitutefortheunexpiredresidueof thetermofdetentionofthatchildsuchtermofimprisonmentnot exceedingtheunexpiredresidueastheCourtmaydetermine. Transfer of child from one place of safety or place of refuge to another place of safety or place of refuge

80. Withoutprejudicetoanywrittenlawrelatingtoimmigration, wheneveranorderhasbeenmadeunderthisActforthedetention ofachildinaplaceofsafetyorplaceofrefugeanditappears to the Director General that in the best interests of the child it is expedient that he be transferred from that place of safety or place of refuge to another place of safety or place of refuge within Malaysia, it shall be lawful for the Director General to issuean orderthatthechildshallbesotransferred.

Chapter 7

MISCELLANEOUS

Child or person detained to be subject to regulations

81. Everychilddetainedinanyplaceofsafetyorplaceofrefuge, place of detention, probation hostel, approved school or Henry GurneySchool,oreverypersondetainedinaHenryGurneySchool underthisActshallduringtheperiodof thechild'sorperson's detention, besubjecttosuchregulationsasmaybeprescribed. Board of Visitors

82. TheMinistermayappointforeachplaceofsafety,placeof refugeandapprovedschoolaBoardofVisitorstoperformsuch dutiesandfunctionsastheMinistermayprescribe.

79Child

part X

CRIMINALPROCEDUREIN COURTFOR CHILDREN

Chapter 1

CHARGE, BAIL, ETC.

Trials of children to be in conformity with this Act

83. (1) Notwithstanding anything contained in any written law relating to the arrest, detention and trial of persons committing any offence but subject to subsections (3) and (4), a child who is alleged to have committed an offence shall not be arrested, detainedortriedexceptinaccordancewiththisAct.

(2) WhenachildischargedwithanoffencebeforeaCourtFor Childrenandduringthependencyofthecaseheattainstheage of eighteen years the Court For Children shall, notwithstanding any provisions of thisAct, continue to hear the charge against the childandmay--

(a) exercisethepowerundersection76;

(b) exercisethepowerunderparagraph91(1)(a),(b),(c),(d) or (g);or

(3) When an offence is committed by a child but a charge inrespectofthatoffenceismadeagainstthechildafterhehas attainedtheageofeighteenyears,thechargeshallbeheardbya CourtotherthanaCourtForChildrenandthatotherCourtmay exercisethepowermentionedinparagraph(2)(a), (b) or (c). (4) A charge made jointly against a child and a person who hasattainedtheageofeighteenyearsshallbeheardbyaCourt other thanaCourtForChildren andthatotherCourtshall-- (a) exerciseinrespectofthechildallthepowerswhichmay be exercised under this Act by a Court For Children; and

80 Laws of Malaysia Act 611

(b) beforeexercisingthepowersreferredtoinparagraph(a), considertheprobationreport.

Bail

84. (1) Ifachildisarrestedwithorwithoutawarrant,thechild shallbebroughtbeforeaCourtForChildrenwithintwenty-four hours exclusive of the time necessary for the journey from the place ofarresttotheCourtForChildren.

(2) If it is not possible to bring a child before a Court For Children within the time specified in subsection (1), the child shall be brought before a Magistrate who may direct that the childberemandedinaplaceofdetentionuntilsuchtimeasthe childcan bebroughtbeforetheCourt ForChildren.

(3) The Court For Children before whom a child is brought shall inquireintothecaseandunless--

(a) thechargeisoneofmurderorothergrave crime;

(b) itisnecessaryinthebestinterestsofthechildarrested to remove him from association with any undesirable person;or

theCourtForChildrenshallreleasethechildonabond,withor without sureties, for such amount as will, in the opinion of the CourtForChildren,securetheattendanceofthatchilduponthe hearingofthecharge,beingexecutedbyhisparentorguardian orotherresponsibleperson.

(4) Nothing in this section shall be deemed to affect the powers of a police officer to release the child arrested on bail in accordancewiththeCriminalProcedureCode.

Separation of child from adult in police stations or Courts

85. Appropriatearrangementsshallbemade-- (a) topreventachildwhile--

(i) beingdetainedinapolicestation;

81Child

(ii) beingconveyedtoorfromanyCourt;or

(iii) waitingbeforeorafterattendanceinanyCourt,

fromassociatingwithanadultwhoischargedwithan

offence;

(b) toensurethatachild,ifagirl,whilebeingsodetained orconveyed,orwaiting,isunderthecareofawoman;

and

(i) beingdetainedinapolicestation;

(ii) beingconveyedtoorfromanyCourt;or

(iii) waitingbeforeorafterattendanceinanyCourt,

from being recorded in any manner on tape or film or byanyelectronicmedium.

Custody of child not discharged on bail after arrest

86. (1) If a child having been arrested and while awaiting trial beforeaCourtForChildrenisnotreleasedundersection84,the CourtForChildrenbeforewhomthechildisbroughtshallcause him to be detained in a place of detention provided under this ActuntilhecanbebroughtbeforetheCourthavingjurisdiction unlesstheCourtForChildrencertifiesthat--

(a) itisimpracticabletodoso;

(b) heisofsounrulyordepravedacharacterthathecannot besafelysodetained;or

(2) Under the circumstances referred to in paragraph (1)(a), (b) or(c),theCourtForChildrenshallhavethepowertoorder thechildtobedetained--

(a) inapolicestation,policecellorpolicelock-up,separate orapartfromadultoffenders;or

(b) inamentalhospital,

asthecasemayrequire.

82 Laws of Malaysia Act 611

(3) Ifanorderfordetentioninamentalhospitalismadeunder subsection(2),ChapterXXXIIIoftheCriminalProcedureCode shall applywithsuchmodificationsasmaybenecessary. Submission of information by police officer after arrest

87. Afterthearrestofachild,thepoliceofficerorotherperson makingthearrestshall--

(a) immediately inform a probation officer and the child's parentorguardianofthearrest;and

(b) if the child is charged with any offence, cause to be transmittedtotheprobationofficeracopyofthecharge

andotherinformationnecessarytoenabletheprobation

officertotakesuchactionasmaybenecessarytoprepare

orobtain,asthecasemaybe,aprobationreport.

Chapter 2

TRIALS

Parent or guardian required to attend

88. (1) If a child is charged with any offence, the Court For Children shall require the child's parents or guardian to attend at the Court For Children before which the case is heard or determined during all the stages of the proceedings, unless the CourtForChildrenissatisfiedthatitwouldbeunreasonableto requiretheattendanceoftheparentsorguardian.

(2) Any parent or guardian of a child who fails to attend the CourtForChildrenwhenrequiredtodosoundersubsection(1) commits an offence and shall on conviction be liable to a fine notexceedingfivethousandringgitortoimprisonmentforaterm notexceedingtwoyearsortoboth.

Parents or guardian may be required to withdraw

89. IfinanycasetheCourtForChildrenconsidersitnecessary inthebestinterestsofthechild,theCourtmayrequirehisparents orguardian,asthecasemaybe,towithdrawfromtheCourt. 83Child

Procedure in Court For Children

90. (1) IfachildisbroughtbeforeaCourtForChildrenforany offence, it shall be the duty of the Court to explain to him in simplelanguagesuitabletohisage,maturityandunderstanding thesubstanceoftheallegedoffence.

(2) Thedutyreferredtoinsubsection(1)maybeundertaken, underthesupervisionoftheCourt by--

(a) thedefencecounselactingforthe child;or

(b) any other responsible person as determined by the Court.

(3) Afterthesubstanceoftheallegedoffencehasbeenexplained tothechild,theCourtshallaskthechildwhetherheadmitsthe facts constitutingtheoffence.

(4) If the child admits the facts constituting the offence, the Courtshall--

(a) ascertain that the child understands the nature and consequencesofhisadmission;and

(b) recordafindingofguilt.

(5) Ifthechilddoesnotadmitthefactsconstitutingtheoffence, theCourtshallthenheartheevidenceofthewitnessesinsupport thereof.

(6) Atthecloseoftheevidenceinchiefofeachwitness,the witnessmaybecross-examinedbyoronbehalfofthechild. (7) TheCourtForChildrenshall,exceptifthechildislegally represented,allowthechild'sparentsorguardianoranyrelative or other responsible person to assist him in conducting his defence.

(8) If in any case where the child is not legally represented or assisted in his defence as provided for in subsection (7), the child, instead of asking questions by way of cross-examination, makesassertions,theCourtForChildren--

(a) mayputtothechildsuchquestionsasmaybenecessaryin ordertobringout,orexplainanythingin,theassertions ofthechild;and

84 Laws of Malaysia Act 611

(b) shallthenputtothewitnesssuchquestionsastheCourt thinksnecessaryonbehalfofthechild.

(9) IfitappearstotheCourtthataprima facie caseismade out--

(a) theCourtshallexplaintothechildthesubstanceofthe evidence against him and, in particular, any points in theevidencewhichspeciallytellagainsthimorrequire

hisexplanation;

(b) thechildshallbeallowedto--

(i) giveevidenceupon oath oraffirmation; or

(ii) makeanystatement ifhesodesires; and

(10) If the Court For Children finds the child is not guilty, theCourtshallrecordanorderofacquittal.

(11) If--

(a) afindingofguilthasbeenrecorded;or

(b) theCourtissatisfiedthattheoffenceisproved,

thechildandthechild'sparentorguardianorotherresponsible person,ifpresent,shallthenbeaskediftheydesiretosayanything inextenuationormitigationofthepenaltyorotherwise. (12) TheCourtForChildrenshall,beforedecidinghowtodeal withthechild,considertheprobationreport.

(13) Aprobationreportreferredtoinsubsection(12)shallbe preparedbyaprobationofficerandthereport--

(a) shallcontainsuchinformationastothechild'sgeneral conduct,homesurroundings,schoolrecordandmedical

history as may enable the Court For Children to deal withthecaseinthebestinterestsofthechild;andmay

put to him any question arising out of the probation report;and

(b) mayincludeanywrittenreportofaSocialWelfareOfficer, 85Child

a registered medical practitioner or any other person whom the Court For Children thinks fit to provide a reportonthechild.

(14) Forthepurposeofobtainingaprobationreport,theCourt ForChildrenmayfromtimetotimereleasethechildonbailor remandhiminaplaceofdetention.

(15) If the Court For Children has considered the probation report,theCourtshallexplainto--

(a) thechildthesubstanceofanypartofthereportbearing onhischaracterorconductwhichtheCourtconsidersto

be material to the manner in which he should be dealt with;and

(b) theparentorguardian,ifpresent,thesubstanceofanypart of the report which the Court considers to be material to the manner in which the child should be dealt with andwhichhasreferencetothecharacter,conduct,home

surroundings,orhealthofthechild.

(16) Ifthechildorhisparentorguardian,havingbeenexplained the substance of any part of any such probation report under subsection (15), desires to produce information with respect to the report, the Court shall, if it thinks that the information is material--

(a) adjournthehearingfortheproductionoffurtherinformation; and

(b) ifnecessary,requirethepersonwhomadethereportto attendthehearingwhenitresumes.

(17) Before deciding on the order to be imposed, the Court shallascertainfromeachoftheadvisershisopinionandallsuch opinionsshallberecorded.

(18) Afterhavingrecordedandconsideredtheopinionsofthe advisers,theCourtshalldecideontheordertobeimposed,but insodoingtheCourt--

(a) shall not be bound to conform to the opinions of the advisersoreitherofthem;and

(b) shall record its reasons for dissenting from such opinions.

86 Laws of Malaysia Act 611

Chapter 3

POWERSOFTHECOURTFOR CHILDRENATTHE

CONCLUSIONOFTHETRIAL

Powers of Court For Children on proof of offence

91. (1) If a Court For Children is satisfied that an offence has been proved the Court shall, in addition to any other powers exercisablebyvirtueofthisAct,havepowerto--

(a) admonishanddischargethechild;

(b) dischargethechilduponhisexecutingabondtobeof

goodbehaviourandtocomplywithsuchconditionsas

maybeimposedbytheCourt;

(i) for such period to be specified by the Court; and

(ii) with such conditions as may be imposed by the Court;

(d) orderthechildtopayafine,compensationorcosts;

(e) makeaprobationorderundersection 98;

(f) order the child to be sent to an approved school or a HenryGurneySchool;

(g) orderthechild,ifamale,tobewhippedwithnotmore

thantenstrokesofalightcane--

(i) withintheCourtpremises;and

(ii) inthepresence,ifhedesirestobepresent,ofthe

parentorguardianofthechild;

(h) imposeonthechild,ifheisagedfourteenyearsandabove and the offence is punishable with imprisonment and subject to subsection 96(2), any term of imprisonment whichcouldbeawardedby a SessionsCourt.

(2) Thewords"conviction"and"sentence"shallnotbeusedin relationtoachilddealtwithbytheCourtForChildrenandany 87Child

referenceinanywrittenlawtoapersonconvicted,aconviction and a sentence shall, in the case of a child, be construed as a childfoundguilty,afindingofguiltandanordermadeupona findingofguiltrespectively.

(3) A finding of guilt of a child shall be disregarded for the purposesofanywrittenlawwhich--

(a) imposesanydisqualificationordisabilityuponaconvicted person;or

(b) authorizes or requires the imposition of any such disqualificationordisability.

Manner of executing whipping

92. Thefollowingprovisionsshallbefollowedwhenexecuting the orderofwhipping:

(a) beforeexecutingthewhipping,thechildshallbeexamined byamedicalofficertocertifythatthechildisinafit

stateofhealthtoundergothewhipping;

(b) thepersonshallusealightcanewithaverageforcewithout liftinghishandoverhisheadsothatthechild'sskinis

notcut;

(d) whippingmaybeinflictedonanypartofthebodyexcept theface,head,stomach,chestorprivateparts;

(e) thechildshallwearclothes;and

(f) ifduringtheexecutionofthewhippingthemedicalofficer certifies that the child is not in a fit state of health to undergo the remainder of the whipping, the whipping shallbefinallystopped.

Parent or guardian to execute bond

93. (1) The Court For Children shall, in addition to exercising any of the powers provided for in subsection 91(1), order the 88 Laws of Malaysia Act 611

parentorguardianofthechildtoexecuteabondforthechild's good behaviour with or without security and with one or more ofthefollowingconditions:

(a) that the parent or guardian accompanied by the child shall report at regular intervals to be determined by the Court, at the welfare department or police station situated nearest to the parent's or guardian's place of residence;

(b) thattheparentorguardianaccompaniedbythechildshall attend interactive workshops organized at designated centresestablishedforsuch purpose;

(c) ifthechildisinaneducationalinstitution,thattheparent or guardian shall consult with the child's teacher and headteacherorprincipalonceamonthfortheduration

ofthebond;

(d) if the child is sent to an approved school or a Henry Gurney School, that the parent or guardian shall visit the child on a regular basis to be determined by the Court;or

(e) anyotherconditionastheCourtthinksfit.

(2) Ifanyparentorguardianfailstocomplywithanyofthe conditionsofthebondreferredtoinsubsection(1)--

(a) theparentorguardiancommitsanoffenceandshallon convictionbeliabletoafinenotexceedingfivethousand ringgit;and

(b) theCourtmayorderthesecurity,ifany,tobeforfeited; and the provisions of the Criminal Procedure Code relatingtotheforfeitureofbondsshallapplyinrelation tothesecurity.

(3) An order under subsection (1) shall not be made against a parent or guardian without giving the parent or guardian an opportunitytobeheard.

(4) Notwithstandingsubsection(3),anorderundersubsection(1) maybemadeiftheCourtForChildrenissatisfiedoninformation given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so, or is not availableorcannotbefoundwithin a reasonabletime. 89Child

Power to order parent or guardian to pay fine, etc., instead of child

94. (1) If-- (a) achildischargedbeforeaCourtForChildrenwithany offenceforthecommissionofwhich--

(i) afinemaybeimposed;and

(ii) compensationorcostsorbothcompensationand

costsmaybeawarded;and

(b) theCourtisoftheopinionthatthecasewouldbebest

met by the imposition of all or any of those penalties, whetherwithorwithoutanyotherpunishment,

the Court shall order that the fine imposed and compensation orcostsawardedbepaidbytheparentorguardianofthechild instead of by the child, unless the Court is satisfied that the parentorguardian--

(aa) isnotavailableorcannotbefoundwithinareasonable time;or

(bb) has not conduced to the commission of the offence by neglectingtoexercisedue careofthechild.

(2) If--

(a) aCourtForChildrenthinksthatachargeagainstachild isproved;or

(b) a child admits the facts constituting the offence in the charge,

the Court may make an order requiring the parent or guardian--

(aa) topaycompensationorcosts;or

(bb) togivesecurityforthegoodbehaviourofthechild, without proceeding to record a finding of guilt against the child.

(3) When the Court requires the parent or guardian to give securityforthegoodbehaviourofachildundersubsection(2), oneormoreoftheconditionsmentionedinsubsection93(1)shall beimposedontheparentorguardian.

90 Laws of Malaysia Act 611

(4) Iftheparentorguardianfailstocomplywiththeconditionsof the security,theCourtmayorderthesecuritytobeforfeited. (5) An order under this section shall not be made against the parent or guardian of the child without giving the parent or guardian anopportunitytobeheard.

(6) Notwithstandingsubsection(4),anorderunderthissection maybemadeiftheCourtForChildrenissatisfiedoninformation given by a probation officer that the parent or guardian of the child, having been required to attend, has failed to do so or is notavailableorcannotbefoundwithinareasonable time. (7) Any sum imposed and ordered to be paid by a parent or guardianofachildunderthissectionoronforfeitureofanysuch security may be recovered from the parent or guardian in the mannerprovidedbytheCriminalProcedureCodeinlikemanner asiftheorderhadbeenmadeontheconvictionoftheparentor guardianoftheoffencewithwhichthe childwascharged. Appeals

95. (1) The Public Prosecutor or any child or his parent or guardian, if aggrieved by any finding or order of a Court For Children, may appeal to the High Court against such finding or order in accordance with the provisions of the Criminal Procedure Code relating to criminal appeals to the High Court from Magistrate'sCourt.

(2) Except in the case of whipping, the execution of which shallbestayedpendingappeal,noappealshalloperateasastay of execution, but the Court For Children may stay execution on any judgment or order pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment orderedbyorinsuchjudgmentororderastheCourtForChildren may deem reasonable.

(3) The High Court shall, in all criminal appeals originating fromaCourtForChildren,makeitsfinaldecisionwithintwelve monthsafterthenoticeofappealhasbeenfiled.

(4) Any appeal under this section shall, notwithstanding any otherwrittenlaw,beintituled"AppealByChildren"andindealing 91Child

withanysuchappeal,sections12and15shallapply,withsuch modificationsasmaybenecessary,totheHighCourt.

Restrictions on order of imprisonment

96. (1) Achildundertheageoffourteenyearsshallnot-- (a) beorderedtobeimprisonedforanyoffence;or

(b) becommittedtoprisonindefaultofpaymentofafine, compensationorcosts.

(2) Achildagedfourteenyearsoraboveshallnotbeordered to be imprisoned if he can be suitably dealt with in any other way whether by probation, or fine, or being sent to a place of detention or an approved school, or a Henry Gurney School, or otherwise.

(3) Achildagedfourteenyearsoraboveshallnot,ifordered to be imprisoned,beallowedto associatewithadultprisoners. Death

97. (1) Asentenceofdeathshallnotbepronouncedorrecorded against a person convicted of an offence if it appears to the Court that at the time when the offence was committed he was achild.

(2) In lieu of a sentence of death, the Court shall order a personconvictedofanoffencetobedetainedinaprisonduring the pleasureof--

(a) theYangdi-PertuanAgongiftheoffencewascommitted intheFederalTerritoryofKualaLumpurortheFederal

TerritoryofLabuan;or

(b) the Ruler or theYang di-Pertua Negeri, if the offence wascommittedintheState.

(3) If the Court makes an order under subsection (2), that personshall,notwithstandinganythinginthisAct--

(a) beliabletobedetainedinsuchprisonandundersuch

conditions as the Yang di-PertuanAgong or the Ruler ortheYangdi-PertuaNegerimaydirect;and

92 Laws of Malaysia Act 611

(b) whilesodetained,bedeemedtobeinlawfulcustody.

(4) If a person is ordered to be detained at a prison under subsection (2),theBoardofVisitingJusticesforthatprison-- (a) shall review that person's case at least once a year; and

(b) may recommend to the Yang di-PertuanAgong or the RulerortheYangdi-PertuaNegeriontheearlyrelease

orfurtherdetentionofthatperson,

and the Yang di-Pertuan Agong or the Ruler or the Yang di- PertuaNegerimaythereuponorderhimtobereleasedorfurther detained,asthecasemaybe.

Chapter 4

PROBATION

When probation may be ordered

98. (1) If a Court For Children by or before which a child is foundguiltyofanoffenceotherthan--

(a) anygravecrime;

(b) voluntarilycausinggrievoushurt,rape,incestoroutraging modesty;or

is of opinion that having regard to the circumstances, including the nature of the offence and the character of the child, it is appropriatetodoso,theCourtForChildrenmaymakeaprobation order.

(2) Beforemakingtheprobationorderundersubsection(1),the CourtForChildrenshallexplaintothechildinsimplelanguage suitableto hisage,maturityandunderstanding--

(a) theeffectoftheorder;and

(b) thatifhe--

(i) failstocomplywiththeprobationorder;or

93Child

(ii) commitsanotheroffence,

heshallbeliabletobedealtwithfortheoriginaloffence aswellasfortheother offence.

(3) A probation order shall have effect for such period not less than one year and not more than three years from the date oftheorderasmaybespecifiedintheprobationorder.

(4) Forthepurposesofsecuringthegoodconductandsupervision oftheprobationerorpreventingarepetitionbyhimofthesame offence or the commission of other offences, a probation order shall--

(a) require the probationer to submit during that period to thesupervisionofaprobationofficer;

(b) specifythattheprobationerisnottocommitanyoffence duringtheprobationorder;and

(c) containsuchotherrequirements,astheCourthavingregard to the circumstances of the case considers necessary includinganyoneormoreofthefollowing:

(i) that the probationer shall reside at a probation hostel,atthehomeofhisparentorguardianor

relativeoratsomeotherplace;

(ii) that the probationer shall attend an educational institution to be recommended by the probation

officer;

(iii) that the probationer shall remain indoors at his place of residence, be it at the probation hostel oratahome,duringhourstobespecified.

(5) Without prejudice to the powers of the Court to make an orderundersection91,thepaymentofsumsbywayofdamages forinjuryorcompensationforlossshallnotbeincludedamongst the requirementsofaprobation order.

(6) Before making a probation order containing requirements as toresidence,theCourt--

(a) shallconsiderthehomesurroundings ofachild;and (b) iftheorderrequiresachildtoresideinaprobationhostel, shall specify in the order the period for which he is 94 Laws of Malaysia Act 611

so required to reside, but that period shall not extend beyondtwelvemonthsfrom thedate oftheorder.

(7) The Court For Children which makes a probation order shall--

(a) immediatelygiveacopyoftheorder--

(i) totheprobationer;

(ii) totheprobationofficerorotherpersonunderwhose supervisiontheprobationer isplaced;and

(iii) tothepersoninchargeoftheprobationhostelor

otherplaceinwhichtheprobationerisrequired

bytheordertoreside;and

(b) except if it is itself the Supervising Court, send to the CourtForChildrenforthedistrictorareanamedinthe

orderinwhichtheprobationerisrequiredtoresideduring the probation period a copy of the order together with suchdocumentsandinformationrelatingtothecaseas

itconsiderslikelytobeofassistanceto that Court.

(8) A Court For Children on making a probation order may, ifitthinksitisexpedientforthereformationoftheprobationer, give the probationer to the charge of any person who consents to accept the probationer, on that person's giving security for thegoodbehaviouroftheprobationer;andtheprovisionsofthe Criminal Procedure Code on forfeiture of bonds shall apply in relationtothesecurity.

Failure to comply with probation order

99. (1) If at any time during the probation period it appears to aSupervisingCourtthataprobationerhasfailedtocomplywith any of the requirements of the probation order under paragraph 98(4)(a) or (c),theSupervisingCourtmayissue--

(a) a summons requiring the probationer to appear at the placeandtimespecifiedinthesummons;or

(b) awarrantforhisarrest.

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(2) Awarrantundersubsection(1)shallnotbeissuedexcept oninformationinwritingandonoathsubmittedbytheprobation officer.

(3) Asummonsorwarrantissuedunderthissectionshalldirect the probationer to appear or be brought before the Supervising Court.

(4) A probationer when arrested under subsection (1) may, if not brought immediately before the Supervising Court under subsection(3)--

(a) bedetainedinaplaceofdetention;or

(b) bereleasedonbail,withorwithoutsureties,

until such time as he can be brought before the Supervising Court.

(5) If it is proved to the satisfaction of the Supervising Court that a probationer has failed to comply with any of the requirementsoftheprobationorderunderparagraph98(4)(a) or (c) the Court may, without prejudice to the continuance of the probationorder--

(a) imposeonhimafinenotexceedingfivethousandringgit; or

(b) deal with the probationer for the offence in respect of which the probation order was made in any manner in which the Court could deal with him if the Court had justfoundhimguiltyofthatoffence.

(6) A fine imposed under this section for failing to comply withanyoftherequirementsofaprobationordershallbe-- (a) deemedforthepurposeofanywrittenlawtobeasum

adjudgedtobepaidonaconviction;and

(b) takenintoaccountinmakinganysubsequentorderupon theprobationerunderthissectionorsection100.

(7) For the purposes of paragraph (6)(a), "a sum adjudged to be paid on a conviction" includes any costs, damages or compensationadjudgedtobepaidonaconviction,ofwhichthe amountisascertainedbytheconviction.

(8) Aprobationerwhofailstocomplywithparagraph98(4)(b) shall bedealtwithundersection100.

96 Laws of Malaysia Act 611

Commission of further offence

100. (1) IfitappearstotheSupervisingCourt that-- (a) a probationer has been found guilty by a Court of an offencecommittedduringtheprobationperiod; and

(b) the probationer has been dealt with in respect of that offence,

the SupervisingCourtmayissue--

(aa) a summons requiring the probationer to appear at the placeandtimespecifiedinthesummons;or

(bb) awarrantforhisarrest.

(2) Awarrantundersubsection(1)shallnotbeissuedexcept oninformationinwritingandonoathsubmittedbytheprobation officer.

(3) Asummonsorwarrantissuedunderthissectionshalldirect theprobationertoappearortobebroughtbeforetheSupervising Court.

(4) IfitisprovedtothesatisfactionoftheSupervisingCourt that a probationer in whose case the order was made has been found guilty and dealt with in respect of an offence committed duringtheprobationperiod,theCourtmaydealwithhimforthe offence for which the order was made in any manner in which the Court could deal with him if the Court had just found him guiltyof thatoffence.

Effects of probation

101. (1) Thefindingofguiltforanoffenceforwhichanorder is made under this Chapter placing the offender on probation shall be deemed not to be a conviction for any purpose other thanfor thepurposesof--

(a) theproceedingsinwhichtheorder ismade;and

(b) anysubsequentproceedingswhichmaybetakenagainst a childunderthisChapter.

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(2) Subsection(1)shallnotaffect--

(a) therightofanysuchchild--

(i) toappealagainstafindingofguilt;or

(ii) torelyonafindingofguiltinbarofanysubsequent proceedingsforthesameoffence;or

(b) therevestingorrestorationofanypropertyinconsequence ofthefindingofguiltof anysuchchild.

Amendment of probation order

102. (1) IftheSupervisingCourtissatisfiedthataprobationer proposestochangeorhaschangedhisresidencefromthedistrict orareanamedintheprobationordertoanotherdistrictorarea, the Court may, and if an application on that behalf is made by the probation officer, shall, by order amend the probation order bysubstitutingforthedistrictorareanamedthereinthedistrict orareawheretheprobationer proposestoresideorisresiding. (2) Iftheprobationordercontainsrequirementswhich,inthe opinionoftheSupervisingCourt,cannotbecompliedwithunless theprobationercontinuestoresideinthedistrictorareanamed in the order, the Supervising Court shall not amend the order exceptinaccordancewithsubsection(4).

(3) Ifaprobationorderisamendedundersubsection(1),the SupervisingCourtshallsendtotheCourtForChildrenforthenew district or area named in the order a copy of the order together with such documents and information relating to the case as it considerslikelytobeofassistancetotheCourtForChildren. (4) Withoutprejudicetosubsections(1)and(3)theSupervising Court may, on an application made by the probation officer or bytheprobationer,byorderamendtheprobationorderby-- (a) revokinganyoftherequirementsintheprobationorder; or

(b) insertingintheprobationorder,eitherinadditiontoorin substitutionforanysuchrequirement,anyrequirement

whichcouldbeincludedintheorderiftheorderwere

thenbeingmadebytheCourtinaccordancewithsection

98. 98 Laws of Malaysia Act 611

(5) The Supervising Court shall not amend a probation order undersubsection(4)by--

(a) reducingtheprobationperiod;or

(b) extending that period such that the probation period becomesmorethanthreeyears.

Discharge of probation order

103. (1) TheCourtForChildrenbywhichaprobationorderwas made or the Supervising Court may, on an application made by the probation officer, the parent or guardian of the probationer ortheprobationer,dischargetheprobationorder.

(2) TheCourtForChildrenshallnotdealwithanapplication under subsection (1) without summoning the probationer unless the applicationismadebytheprobationofficer.

(3) If--

(a) theCourtdischargesaprobationorderundersubsection (1);or

(b) aprobationerisdealtwithundersection99or100for theoffenceforwhichhewasplacedonprobation,

the probationordershallceasetohaveeffect.

Court to give copies of amending or discharging order to probation officer

104. On the making of an order amending or discharging a probationorderundersection102or103 respectively-- (a) the Court shall forthwith give sufficient copies of the amendingordischargingordertotheprobationofficer;

and

(b) theprobationofficershallgiveacopyoftheamending ordischargingorderto--

(i) theprobationer;and

(ii) the person in charge of the probation hostel or placeinwhichtheprobationerisorwasrequired

bytheordertoreside.

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part XI

INTHECAREOFFITANDPROPER PERSON

Child placed in the care of fit and proper person

105. (1) This section shall apply in relation to an order made under this Act placing a child in the care of a fit and proper person.

(2) An order placing a child in the care of a fit and proper person may be varied or revoked by the Court For Children or theSupervisingCourtonanapplicationmadeby--

(a) theparentorguardian ofthechild;

(b) theProtector;or

asthecasemaybe.

(3) If--

(a) onanapplicationmadebytheparentorguardianorany nearrelativeofachildorderedtobeplacedinthecare

ofafitandproperpersonundersubsection(1);and

(b) theCourtForChildrenortheSupervisingCourthaving power to vary or revoke the order is satisfied that the child is not being brought up in accordance with his religionasdecidedbyhisparentorguardian,

the Court For Children or the Supervising Court, as the case may be, shall, unless a satisfactory undertaking is given by the person in whose care the child has been placed, either revoke the order or vary the order in such manner as the Court thinks best to secure that the child is from that time onwards brought upinaccordancewiththatreligion.

Child who escapes or is removed from the care of fit and proper person

106. (1) A child who escapes from a person in whose care he hasbeenplacedunderthisActmaybe--

(a) arrestedwithoutawarrant;and

100 Laws of Malaysia Act 611

(b) broughtbeforetheCourtForChildrenbywhichtheorder wasmadeorbeforetheSupervisingCourt.

(2) TheCourtForChildrenortheSupervisingCourtbeforewhich achildisbroughtundersubsection(1)shallimmediatelyinquire into the case and after taking into account the recommendation ofthe Protectororprobationofficer,asthecasemay be-- (a) orderthechildtobebroughtbacktothatperson,ifhe iswillingtoreceivethechild;or

(b) makeanorderwhichtheCourtcouldhavemadeifthe

childhadbeenbroughtbeforetheCourtasbeingachild

havingnoparentorguardian.

Offence of removing or helping a child to escape from the care of fit and proper person

107. (1) Anypersonwho-- (a) removesachildfromthecareofafitandproperperson withoutlawfulauthority;

(b) knowingly assists or induces, directly or indirectly, a child to escape from the person in whose care he has beenplaced;or

suchperson,

commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgitortoimprisonmentforaterm notexceedingfiveyearsortoboth.

part XII

CONTRIBUTIONORDERS

Contribution by parent or guardian or other person

108. (1) Ifanorderismade-- (a) placingachildinthecareof a fitandproper person; 101Child

(b) sendingachildtoaprobationhostel,anapprovedschool, a Henry Gurney School, or an approved institution or centre;or

theCourtForChildrenmakingtheordermay,atthesametime or subsequently, make a contribution order requiring the parent orguardianorotherpersonhavingcustodyofthechild--

(aa) atthetimeofthecommissionoftheoffenceresultingin theorder;

(bb) priortoanordermade undersubsection(1);or

(cc) immediately before the commencement of any

proceedings,

tomakesuchcontributionormonthlycontributionsinsuchmanner astheCourtthinksfit,havingregardtothemeansoftheparent orguardianortheotherperson.

(2) ACourtForChildrenshallnotmakeanycontributionorder undersubsection(1)iftheCourtconsidersthatitwouldnotbe just for the contribution order to be made having regard to the circumstances and means of the parent or guardian or the other person.

(3) Ifacontributionorderismadepursuanttosubsection(1), itshallbethedutyoftheparentorguardianortheotherperson againstwhomthecontributionorderismadetocomplywiththe contributionorder.

(4) Allsumspayableunderacontributionordershallbepaid into such Court or to such authority as the Court making the ordershalldirect.

(5) TheCourtForChildrenmakinganysuchcontributionorder may,fromtimetotime,onan applicationmadeby--

(a) theparentorguardianortheotherpersonagainstwhom thecontributionorderismade;

(b) theProtector;or

102 Laws of Malaysia Act 611

rescind,makeaneworvarytheorderastheCourtdeemsfiton proof of change in circumstances of the person against whom the order is made or for other good cause being shown to the satisfactionoftheCourt.

(6) An order under subsection (1) shall not be made without giving the parent or guardian of the child or the other person having custodyofthechildanopportunity tobe heard. (7) Notwithstandingsubsection(6),anorderundersubsection (1) may be made if the Court is satisfied on information given byaProtectororprobationofficer,asthecasemaybe,thatthe parent or guardian or the other person, having been required to attend,hasfailedtodoso,orisnotavailableorcannotbefound withinareasonabletime.

(8) Acontributionordershallremaininforce--

(a) in the case of a child ordered to be placed in the care of a fit and proper person, so long as the order is in force;and

(b) in the case of a child ordered to be sent to a place of refuge,aprobationhostel,anapprovedschool,aHenry

GurneySchool,oranapprovedinstitutionorcentre,until heceasestobeunderthecareofthepersoninchargefor

thetimebeingoftheplaceofrefuge,probationhostel,

approved school, Henry Gurney School, or approved institutionorcentre.

(9) A contribution is not payable under a contribution order in respectofanyperiodduringwhich--

(a) a child ordered to be sent to an approved school or a Henry Gurney School is out with permission or under thesupervisionofaprobationofficer; or

(b) achildorderedtobesenttoaplaceofrefugeisonleave ofabsencefromtheplaceofrefugeorfrombeingunder

thesupervisionofaSocialWelfareOfficer.

(10) Ifanypersonwilfullyneglectstocomplywithacontribution order,aMagistratemay,foreverybreachof theorder--

(a) by warrant, direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate;or

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(b) sentence the person to imprisonment for a term not exceeding one month for each month's contribution remainingunpaid.

(11) Thetermofimprisonmentimposedunderparagraph(10)(b) shall terminatewhentheamountofcontributiondueispaid. part XIII

INVESTIGATION,ARREST,SEARCH,SEIZURE, ETC.

Power of investigation

109. (1) A Protector or police officer may investigate the commissionofanyoffenceunderthisAct.

(2) AProtectorwhenactingunderthisPartshall,ondemand, declare his office to the person against whom he is acting or fromwhomheseeksanyinformation.

(3) Every person required by a Protector or police officer to giveinformationorproduceanydocumentorotherthingsrelating tothecommissionofanyoffencewhichisinthatperson'spower togiveshallbelegallyboundtogivetheinformationorproduce thedocumentorotherthings.

Power to arrest without warrant

110. (1) Any police officer may arrest without a warrant any personwhomhereasonablybelieves--

(a) hascommittedorattemptedtocommit;or

(b) employedoraidedanyotherpersontocommitorabet

thecommissionof,

an offence against this Act, and may search any person so arrested.

(2) Any person arrested under subsection (1) shall, after the arrest, be dealt with as provided for by the Criminal Procedure Code.

104 Laws of Malaysia Act 611

Search by warrant

111. (1) IfitappearstoaMagistrateuponwritteninformationon oaththatthereisreasonablecausetobelievethatinanypremises thereisanyevidenceof--

(a) achildwhoisinneedofprotection;

(b) achildwhoisbeingconcealed,confinedordetainedin contraventionofthisAct;or

theMagistratemayissueasearchwarrantauthorizingaProtector or police officer to whom it is directed, at any reasonable time byday ornightandwithorwithoutassistance,to--

(aa) enterandsearchthepremises;

(bb) inspect,makecopiesof,ortakeextractsfrom,anybook, recordordocument;

(cc) searchanypersonwhoisinoronthepremises,andfor thepurposesofthatsearchdetainthepersonandremove

him to any place as may be necessary to facilitate the search, and seize and detain any article found on that person;and

(dd) searchandremovethechild--

(i) whoisinneedofprotection;

(ii) whoisbeingconcealed,confinedordetainedin

contraventionofthisAct;or

(iii) in respect of whom an offence against thisAct hasbeencommitted,

toaplaceofsafetyorplaceofrefuge.

(2) If a child has been placed in a place of safety pursuant toparagraph(1)(dd),theProtectorshall,assoonaspracticable, inform the parent or guardian who has lawful custody of the child thewhereaboutsofthechild.

(3) Wheneveritisnecessarytodoso, a Protectororpolice officerexercisinganypowerundersubsection(1)may--

(a) break open any outer or inner door or window of any premisesinordertoeffectentry intothepremises;

105Child

(b) forcibly enter any premises and any part of the premises;

subsection(2);

(d) detainanypersonfoundinoronanypremisessearched undersubsection(1)untilthesearchiscompleted.

(4) Afemalepersonshallnotbesearchedunderthissectionor section110exceptbyanotherfemalepersonandamaleperson shall not be searched except by another male person and such searchshallbecarriedoutwithstrictregardtodecency. (5) A person who by force, restraint, threats, inducement or other means causes any child who is in need of protection to conceal himself in or to leave any premises being searched or abouttobesearchedbyaProtectororapoliceofficerunderthis section,withtheintentthatthesearchbysuchProtectororpolice officermaybeevadedorobstructed,commitsanoffence.

(6) Itshallbethedutyoftheowneroroccupierofanypremises searched under this section and any person found in or on the premisesto--

(a) provide the Protector or police officer with all such facilities and assistance as he may reasonably require; and

(b) givetheProtectororpoliceofficerallreasonableinformation requiredbyhim.

Search without warrant

112. If a Protector or police officer has reasonable cause to believe that by reason of delay in obtaining a search warrant undersection111--

(a) theinvestigationwouldbeadverselyaffected;or

(b) theobjectoftheentry islikelytobefrustrated,

hemayexercisein,andinrespectof,thepremisesallthepowers referredtointhatsectioninasfullandampleamannerasifhe wasauthorizedtodosobyawarrantissuedunderthatsection. 106 Laws of Malaysia Act 611

Power to examine person

113. (1) A Protector or police officer investigating an offence underthisActmayorderanyperson--

(a) acquaintedwiththefactsandcircumstancesofanoffence to attend before him to be examined orally in relation toanymatterwhichmayassistintheinvestigationinto

theoffence;or

(b) to produce any child or any book, article or document whichmayassistintheinvestigationintotheoffence.

(2) Apersontowhomanorderhasbeengivenunderparagraph (1)(a)--

(a) shallattendinaccordancewiththetermsoftheorderto beexamined;and

(b) duringsuchexamination--

(i) shalldiscloseallinformationwhichiswithinhis

knowledgeorwhichisavailabletohiminrespect

of the matter in relation to which he is being

examined;

(ii) shallansweranyquestionputtohimtruthfullyand tothebestofhisknowledgeandbelief;and

(iii) shall not refuse to answer any question on the groundthatittendstoincriminatehim.

(3) A person to whom an order has been given under paragraph (1)(b)--

(a) shall produce the child unless it can be shown to the satisfactionoftheProtectorthatthe child--

(i) isnolongerunderthecustodyorcontrolofthat

person;and

(ii) thatthewhereaboutsofthechildarenotknown

tothatperson;and

(b) shallnotconceal,destroy,alterordisposeofanybook, articleordocumentspecifiedintheorder.

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(4) Apersontowhomanorderisgivenundersubsection(1) shall comply with the order and with subsections (2) and (3) notwithstandinganywrittenlaworruleoflawtothecontrary. (5) A Protector examining a person under paragraph (1)(a) shall record in writing any statement made by the person so examined and the statement so recorded shall be signed by the personmakingitoraffixedwithhisthumb-print,asthecasemay be,after--

(a) ithasbeenreadtohiminthelanguageinwhichhemade

it;and

(b) hehasbeengivenanopportunitytomakeanycorrection hemaywish.

(6) Ifapersonexaminedunderthissectionrefusestosignor affixhisthumb-printonthestatement,theProtectorshallendorse on the record under his hand the fact of such refusal and the reasonforit,ifany,statedbythepersonexamined.

(7) Notwithstanding any written law or rule of law to the contrary, the record of an examination under paragraph (1)(a) and any book, article or document produced under paragraph (1)(b) shallbeadmissibleinevidenceinanyproceedingsinany Court for or in relation to an offence under thisAct, regardless ofwhethersuchproceedingsareagainst--

(a) thepersonwhowasexamined;

(b) thepersonwhoproducedthebook,articleordocument; or

(8) Any person who contravenes this section commits an offence.

Inspection

114. Ifanorderismadeplacingachildinthecareofafitand properpersonorrequiringtheparentorguardianofthechildto exercise proper care and guardianship over him, the Protector 108 Laws of Malaysia Act 611

orprobationofficeroranySocialWelfareOfficerauthorizedin writingbytheProtectororprobationofficermay,solongasthe order is ineffect--

(a) atanytimevisitandinspecttheplacewheresuchchildin respectofwhomtheorderismadelivesorisbelieved

toliveortobe;and

(b) inquireintotheconditionsandcircumstancesofthechild, and for the purposes of such inquiry, may require any person to answer any question as he may think proper toaskandsuchpersonshallbelegallyboundtoanswer

suchquestiontruthfullytothebestofhisknowledgeor

belief.

Obstruction

115. Anypersonwho-- (a) refusestheProtectororSocialWelfareOfficeraccessto anypremises,orfailstosubmittoasearchbyaperson

authorizedtosearchhimunderthisAct;

(b) assaults,obstructs,hinders,delaysorattemptstoassault, obstruct,hinderordelaytheProtectororSocialWelfare OfficerintheexecutionofhisdutyunderthisAct;

theexecutionofhisdutyunderthisAct;

(d) omits,refusesorneglectstogivetoaProtectororSocial WelfareOfficeranyinformationwhichmaybereasonably

requiredofhimandwhichheisempowered to give;

(e) fails to produce to, or conceals or attempts to conceal from, a Protector or Social Welfare Officer, any child or any book, article or document in relation to which the Protector or Social Welfare Officer has reasonable groundsforbelievingthatanoffenceunderthisActhas

beenorisbeingcommitted;

(f) rescuesorendeavourstorescueorcausestoberescued anythingwhichhasbeendulyseized;or

(g) destroysanythingtopreventtheseizureofthething,or thesecuringofthething,

109Child

commits an offence and shall on conviction be liable to a fine notexceedingfivethousandringgitortoimprisonmentforaterm notexceedingtwoyearsortoboth.

Protection of informers

116. (1) Any person who gives any information that a child is inneedofprotectionshallnotincuranyliabilityfordefamation orotherwiseinrespectofthegivingofsuchinformation. (2) The giving of any information that a child is in need of protection shall not, in any proceedings before any Court or in anyotherrespect,beheldtoconstitute--

(a) abreachofprofessionaletiquetteorethics;or

(b) a departure from accepted standards of professional conduct.

(3) Exceptasprovidedinsubsections(4)and(6),awitnessin anycivilorcriminalproceedingsshallnotbeobligedorpermitted todisclosethenameandaddressofaninformerorthesubstance oftheinformationreceivedfromhimortostateanymatterwhich mightleadtohisdiscovery.

(4) If any book, record or document which is in evidence or liabletoinspectioninanycivilorcriminalproceedingscontains anyentryinwhichanyinformerisnamedordescribedorwhich mightleadtohisdiscovery,theCourtshallcauseallsuchpassages tobeconcealedfromviewortobeobliteratedsofarasmaybe necessarytoprotecttheinformerfromdiscovery.

(5) Thissectionshallapplytoaregisteredmedicalpractitioner, any member of the family or a child care provider who gives informationundersection27,28or29respectivelyinthesame manner as they apply to a person who gives information that a childisinneedofprotection.

(6) If during the trial for any offence against this Act, the Court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he kneworbelievedtobefalseordidnotbelievetobetrue,orif inanyotherproceedingstheCourtisoftheopinionthatjustice 110 Laws of Malaysia Act 611

cannot be fully done between the parties in that proceedings without the discovery of the informer, it shall be lawful for the Court to require the production of the original complaint, if in writing,andpermitinquiryandrequirefulldisclosureconcerning the informer.

part XIV

MISCELLANEOUS

Power of Court For Children conferred on High Court

117. NothinginthisActotherthansections96and97shallaffect thepowersoftheHighCourtandallthepowerswhichmaybe

exercised under thisAct by a Court For Children in respect of achildmayinlikemannerbeexercisedbytheHighCourt.

118. The Registrar shall cause to be kept and maintained, in such form as may be prescribed, a register to be known as the "Register ofChildreninNeedofProtection".

Contents of Register

119. TheRegistershallcontain-- (a) detailsofeverycaseorsuspectedcaseofachildinneed ofprotection;and

(b) suchothermattersinrelationtosuchcaseorsuspected case as the Director General may from time to time determine.

Access to Register

120. (1) DetailscontainedintheRegistershallbefurnishedto-- (a) anyCourtwhenthereisbeforetheCourtanyproceedings concerningachildinneedofprotection;

(b) anyCourtwhensorequestedbytheCourt;and

111Child

Committee when any of them requires such details for the purposes of any proceedings under thisAct or for thepurposesoftakingactioninrespectof,orproviding

assistanceto,achildinneedofprotection.

(2) DetailscontainedintheRegistermaybefurnishedto-- (a) personsengagedinbona fide researchwhoseaccessto the Register is authorized by the Director General for thatpurpose;or

(b) personsorclassesofpersonsauthorizedbytheDirector GeneraltohaveaccesstotheRegisteronthegroundsthat

theiraccesstotheRegisterwillpromotetheprotection

ofachildorchildren.

(3) Details furnished under this section shall not include any informationwhichdisclosesorlikelytoleadtothedisclosureof theidentityofanypersonwhohasgivenanyinformationthata child isinneedofprotection.

Offence in respect of Register

121. Anypersonwhofurnishestoanyotherpersonanydetails contained in the Register other than pursuant to section 120 commits an offence and shall on conviction be liable to a fine notexceedingtenthousandringgitortoimprisonmentforaterm notexceedingtwoyearsortoboth.

Certificate of Registrar to be evidence

122. AcertificatepurportingtobeunderthehandoftheRegistrar astoanyentryintheRegister,orastoanymatterorthingwhich heisauthorizedbythisActoranyregulationmadeunderthisAct todoortomakeshall,untilthecontraryisproved,beadmitted inevidenceasproofofthefactsstatedthereinasatthedateof thecertificate.

112 Laws of Malaysia Act 611

Protection against suit and legal proceedings

123. Anactionshallnotlieandprosecutionshallnotbebrought, instituted or maintained in any Court against the Government, Minister, Director General, Protector, Social Welfare Officer, probation officer, police officer or medical officer for anything doneoromittedtobedoneunderthisAct--

(a) ingoodfaith;

(b) in the reasonable belief that it was necessary for the purposeintendedtobeservedthereby;or

124. AllofficersappointedorauthorizedunderthisActshallbe deemed to be public servants within the meaning of the Penal Code.

General penalty

125. If no penalty is expressly provided for an offence under thisAct,apersonwhocommitssuchoffenceshallonconviction be liable to a fine not exceeding five thousand ringgit or to imprisonmentforatermnotexceedingtwoyearsortoboth. Institution and conduct of prosecution

126. (1) AprosecutioninrespectofanoffenceunderthisAct shall not be instituted except by or with the consent in writing ofthe PublicProsecutor.

(2) NotwithstandingthathehasbeenauthorizedundertheCriminal Procedure Code to prosecute, a person who is the investigating officerofanoffenceunderthisActshallnotprosecutethecase in respectofthatoffence.

Service of document

127. (1) Serviceofdocumentonanypersonshallbeeffectedby-- (a) deliveringthedocumenttothatpersonorbydelivering the document at the last known place of residence of thatpersontoanadultmemberofhisfamily;

113Child

(b) leavingthedocumentattheusualorlastknownplaceof residenceorbusinessofthatpersoninacoveraddressed

tothatperson;or

placeofresidenceorbusiness.

(2) Ifadocumentisservedbyprepaidregisteredpostitshall be deemed to have been served on the day succeeding the day onwhichthedocumentwouldhavebeenreceivedintheordinary courseofpost.

Power to make regulations

128. (1) TheMinistermaymakesuchregulationsasappearsto himtobenecessaryorexpedientforcarryingouttheprovisions ofthisAct.

(2) Withoutprejudicetothegeneralityofthepowersconferred by subsection (1), the Minister may make regulations for all or any ofthefollowingpurposes:

(a) to prescribe the conduct, management, discipline and control of approved schools, Henry Gurney Schools, probationhostelsorcentres;

(b) toprovideforthemaintenance,discipline,treatmentand education, vocational or otherwise, of the children or other persons detained in approved schools or Henry GurneySchoolsincluding--

(i) thepowers,dutiesandfunctionsoftheBoardof

Visitors;

(ii) thegrantofleaveofabsencetochildrenandother

personsdetained;

(iii) visitsto,andinspectionsof,theschoolsbypersons or bodies of persons appointed by the Minister

fromtimetotimeforanyareaorareas;and

(iv) theorderorpunishmentforbreachesofdiscipline ofchildrenorotherpersons detained;

114 Laws of Malaysia Act 611

(d) toprescribetheconstitutionanddutiesofChildWelfare Committees;

(e) to prescribe the qualifications, duties and training of advisers;

(f) to provide for the care, control, detention, discipline, admission,dischargeandaftercare,temporaryabsence, maintenance,educationandtrainingofchildrenplaced

inplacesofsafetyandplacesofrefuge;

(g) toregulatethemanagement,administration,visitationand inspectionofplacesofsafetyand placesofrefuge;

(h) toprovidefor--

(i) thecare,maintenanceandeducationofchildren

placedinthecare,custodyorcontrolofanyfit

and proper person under the provisions of this

Act;and

(ii) thedutiesofsuchfitandproperpersonintaking

careofthechild;

(i) to prescribe the selection and qualifications of fit and properpersonswithwhomachildinneedofcareand

protectionmaybeplaced;

(j) torequirethepersonsinchargeofplacesofsafetyand places of refuge to submit to the Director General returns, reports and information in respect of children placedtherein;

(k) to prescribe the duties and responsibilities of foster parents;

(l) toprescribethecomposition,duties,functionsandprocedures ofconductingthebusiness ofBoardsofVisitors;

(m) toprescribetheproceduresandpracticeofChildProtection Teams;

(n) toprescribetheparticulars,photographsorothermeans of identification to be furnished in relation to a child inneedofprotection;

115Child

(o) torequirethefurnishingofinformationastochangesof addressofeverychildinneedofprotectionandofthe

personshavingcustodyofthechild,andthetransferof

recordsandregistersinsuchcases;

(p) to prescribe the records to be kept in respect of every childinneedofprotectionandthemannerinwhichthe

recordsshallbekept;

(q) toprescribethekeepingandmaintenanceofRegisters; (r) toprescribetheformstobeusedandinformationtobe furnishedforanyofthepurposesofthisAct;

(s) to prescribe the form of notices, orders, warrants, summonses and bonds under this Act and the manner ofservicethereof;

(t) toprescribethefunctions,powersanddutiesofofficers andpersonsconferredwithpowersunderthisActandthe

manner and conditions in and under which the powers conferredbythisActshallbeexercisedbytheofficers

orpersons;

(u) toprescribeanyothermatterrequiredorpermittedtobe prescribedunderthisAct;and

(v) toprovideforanyothermatterwhichtheMinisterdeems expedientornecessaryforthepurposesofthisAct.

(3) Regulations made under subsection (1) may provide that thecontraventionofanyprovisionintheregulationsisanoffence and that the person who commits the offence is punishable on conviction with a fine or a term of imprisonment or both but may not provide for the fine to exceed five thousand ringgit or thetermofimprisonmenttoexceedtwoyears.

part XV

SAVINGSANDTRANSITIONALPROVISIONS

Interpretation

129. InthisPart-- "repealedActs"meanstheJuvenileCourtsAct1947[Act 90], theWomenandGirlsProtectionAct1973[Act 106]andtheChild ProtectionAct1991[Act 468]repealedunderthisAct;

116 Laws of Malaysia Act 611

"Juvenile Court" means the Juvenile Court established under theJuvenileCourtsAct1947;

"appointeddate"meansthedateonwhichthisActcomesinto operation.

Repeal

130. TheJuvenileCourtsAct1947,theWomenandGirlsProtection Act1973andtheChildProtectionAct1991arerepealed.

References to Juvenile Court, etc.

131. (1) AllreferencestotheJuvenileCourtinanywrittenlaw, orinanyjudgment,sentence,order,rulingordecisionmadeunder therepealedActsandsubsistingimmediatelybeforetheappointed date shall, on the appointed date, be construed as references to theCourt ForChildrenestablishedunderthisAct.

(2) The judgment, sentence, order, ruling or decision of the JuvenileCourt,SupervisingCourt,HighCourt,SessionsCourtor Magistrate'sCourtundertherepealedActsshallontheappointed datebedeemedtohavebeenmadeunderthisActandcontinue to bein forceandhaveeffect.

(3) Anyinquiry,trialorproceedingsdone,takenorcommenced in or before the Courts referred to in subsection (2) before the appointed date in so far as it relates to a person under the age of eighteen years shall be deemed to have been done, taken or commenced in or before the Court For Children, Supervising Court, High Court, Sessions Court or Magistrate's Court under thisActandmayaccordinglybecontinuedandconcludedonand aftertheappointeddate.

(4) Anyinquiry,trialorproceedingsdone,takenorcommenced under the Women and Girls Protection Act 1973 before the appointeddateandarestillpendingshall,insofarasitrelates toafemalepersonagedeighteenyearsandaboveandanyoffence underthesameAct,becontinuedandconcludedunderthesame ActandforthispurposeitshallbetreatedasifthatActhadnot been repealed.

117Child

Continuance of Council, etc.

132. (1) TheCo-ordinatingCouncilfortheProtectionofChildren, Child Protection Teams, Juvenile Welfare Committees, Boards ofVisitorsandcommitteesestablished,andofficersandpersons appointed,undertherepealedActsshall,ontheappointeddate, bedeemedtohavebeenestablishedorappointedunderthisAct and shall have the powers, rights, privileges, liabilities, duties andobligationsconferredontheCouncil,ChildProtectionTeams, Child Welfare Committees, Boards of Visitors and committees establishedunderthisAct.

(2) ThemembersoftheCouncil,Teams,Committees,Boards and committees established under the repealed Acts and any officers and persons appointed under the repealedActs holding officeonthedayprecedingtheappointeddateshallcontinueto holdofficeunderthisActuntiltheirtermsofappointmentexpire or they resign or their appointments are revoked in accordance withthisActandshallhavethesamepowers,rights,privileges, liabilities, duties and obligations as if they had been appointed underthisAct.

(3) Everyactorthingdone,takenorcommencedbythemembers oftheCouncil,Teams,Committees,Boards,committeesofficers andpersonsreferredtosubsections(1)and(2),andtheBoardof Visiting Justices, under the repealed Acts before the appointed date shall, on and after the appointed date, be deemed to have beendone,takenorcommencedunderthisAct.

Continuance of rules, etc.

133. Allrules,regulations,orders,notices,forms,directionsand authorizationlettersmade,issuedorgivenundertherepealedActs shall, in so far as they are consistent with thisAct, continue in force untilrevokedorreplacedbythisAct.

Institutions established or appointed

134. All approved schools, Henry Gurney Schools, places of detention, probation hostels, places of safety, places of refuge and other institutions or centres established or appointed under therepealedActsshallontheappointeddatebedeemedtohave beenestablishedorappointedunderthisAct.

118 Laws of Malaysia Act 611

Prevention of anomalies

135. (1) TheMinistermay,wheneveritappearstohimnecessaryor expedienttodoso,whetherforthepurposeofremovingdifficulties orpreventinganomaliesinconsequenceoftheenactmentofthis Act,byorderpublishedintheGazette makesuchmodifications to any provision in this Act as he thinks fit but the Minister shallnotexercisethepowersconferredbythissectionafterthe expirationoftwoyearsfromtheappointeddate.

(2) In this section, "modifications" includes amendments, additions,deletions,substitutions,adaptations,variations,alterations andnon-applicationofanyprovisionofthisAct.

119Child

FIrst sChedule

[Paragraphs15(1)(c) and17(1)(i)]

Offences under sections 299 to 301, 304 to 304A, 305 to 309A, 312 to 319, 321 to 322, 324, 326 to 340, 345 to 351, 353 to 358, 360 to 362, 364 to 373A,374to375,377,377A,377Cto377EofthePenalCode.

seCond sChedule

[Section45]

1. Offences punishableunderPartVIofthisAct.

2. Offences-- (a) punishableundersections309,312to313,354,370to373,373A, 376to377ofthePenalCode;or

(b) involvinganyactsormattersdefinedinsections321to322,339to 340,350to351,360to362ofthePenalCode.

120 Laws of Malaysia Act 611

LAWS OF MALAYSIA

Act 611

CHILD ACT 2001

LISTOFAMENDMENTS

Amendinglaw Shorttitle Inforcefrom

P.U.(A)7/2003 Child(Modification) 01-08-2002

Order2003

121Child

LAWS OF MALAYSIA

Act 611

CHILD ACT 2001

LISTOFSECTIONSAMENDED

Section Amendingauthority Inforcefrom

30 P.U.(A)7/2003 01-08-2002

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