35. Unlawful transfer of possession, custody or control of child or young person

Every person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly, partly, temporarily or permanently, the possession, custody or control of a child or young person for any valuable consideration is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.

Every person who without lawful authority or excuse harbours or has in his possession, custody or control of any child or young person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or outside Brunei Darussalam is guilty of an offence and liable on conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 5 years with or without whipping not exceeding 10 strokes, or both.

For the purposes of subsection (2), if any person harbours or has in his possession, custody or control of any child or young person without lawful authority or excuse, such child or young person shall, until the contrary is proved, be presumed to be a child or young person with respect to whom the temporary or permanent, possession, custody or control has been transferred or conferred for valuable consideration.

It shall be a defence in any prosecution under this section to prove that the transfer took place in contemplation of or pursuant to a bona fide marriage or adoption and that at least one of the natural parents of the child or young person or his guardian was a consenting party to the marriage or to the adoption, and has expressly consented to it.