Anti-Trafficking in Persons Act · 2021 Revised Edition · Part · Offences
5. People trafficking
Official textFrom Attorney General's Chambers, unchanged
Any person who recruits, transports, transfers, harbours or receives any person or persons for the purpose of exploitation by one or more of the following means -
exploitation
"exploitation" includes all forms of sexual exploitation (including sexual servitude and exploitation of another person's prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
abduction;
abuse of power or of a position of vulnerability;
deception;
a
the giving or receiving of payments or benefits to achieve the consent of a person having control over another person;
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threat;
use of force or other forms of coercion, is guilty of an offence and liable on conviction to a fine not exceeding
$1,000,000 and not less than $10.000 in respect of each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping.
Where the recruitment, transportation, transfer, harbouring or receipt under subsection (1) for the purpose of exploitation is in respect of a child, it shall be considered trafficking in persons even if it does not involve any of the means referred to subsection (I), the person is guilty of an offence and liable on conviction to a fine not exceeding $1,000,000 and not less than
$10,000 in respect of each trafficked child, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
Where any of the following aggravating circumstances are present during the commission of an offence under this section -
the offence involves serious injury or death of the trafficked person or another person, including death as a result of suicide:
the offence involves a trafficked person who is particularly vulnerable such as a person who is unable to fully take care of or protect himself because of a physical or mental disability or condition;
the offence exposed the trafficked person to a life-threatening illness, including Human Immunodeficiency Virus (HIV) and
Acquired Immune Deficiency Syndrome (AIDS);
the offence involves more than one trafficked person;
the offence was committed as part of the activity of an organised criminal group;
the offender has been previously convicted for an offence against this Act or any regulations made thereunder;
the offence was committed by a public servant in the performance of his public duties;
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the offender used drugs. weapons or medication in the commission of the offence;
the offender used a child as an accomplice or participant in the offence;
0) the offender used or threatened to use any form of violence against the trafficked person or his family;
the offender confiscated, destroyed or attempted to destroy the travel or identity documents of the trafficked person.
the offender is liable on conviction to a fine not exceeding $1,000,000 and not less than $10,000 for each trafficked person, imprisonment for a term of not less than 4 years but not exceeding 30 years and whipping with not less than 5 strokes.
Terms defined in s 2
abuse of power
Defined · s 2"abuse of power" means any situation where a public officer uses his position or takes advantage of his position in order to commit an offence;
coercion
Defined · s 2"coercion" means use of force or threat thereof, and some forms of non-violent or psychological use of force or threat thereof, including but not limited to - Anti-Traficking in Persons (a) threats of harm or physical restraint of any person; (b) any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; (c) abuse or any threat linked to the legal status of a person;
deception
Defined · s 2"deception" means any deception by words or by conduct as to - (a) the nature of work or services to be provided; (b) the conditions of work; (c) the extent to which the person will be free to leave his place of residence;
exploitation
Defined · s 2"exploitation" includes all forms of sexual exploitation (including sexual servitude and exploitation of another person's prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;
organised criminal group
Defined · s 2"organised criminal group" means a structured group of 3 or more persons existing for a period of time and acting in concert with the aim of committing one or more serious offence or offences established in accordance with this Act in order to obtain, directly or indirectly. a financial or other material benefit;
people trafficking
Defined · s 2"people trafficking" means the recruitment, transportation. transfer, harbouring or receipt of a person for the purposes of exploitation as set out in section 5;
public servant
Defined · s 2"public servant" shall have the same meaning as a public servant under the Penal Code;
trafficked person
Defined · s 2"trafficked person" means any person who is the victim or object of an offence of people trafficking regardless of whether that person consented or not;
Part 3
Part
Procedure in Court
Part
Care and Protection of Trafficked Persons
Part
Anti-Trafficking in Persons Fund
Part