ACT No. V of 1994 AN ACT IQ amend the While Slave Traffic (Supprusjon) Ordinance, BE IT ENAC ) EO by the President, by and with the advkc and consent of the House of Represe ntatives, in this prese nt Parli ament assembled, and by the authority (If the same, as follows: - (stoboiitllllooof)

(L.S.)

CENSU T ABONE

President

11 th February, 1994

ACT No. V of 1994

AN ACT IQ amend the While Slave Traffic (Supprusjon) Ordinance,

BE IT ENAC ) EO by the President, by and with the advkc and

consent of the House of Represe ntatives, in this prese nt Parli ament

assembled, and by the authority (If the same, as follows: -

I. This Act may be cited as th e While Slave Traffic (S uppression)

(Amendment) Act, 1994, and shall be read and construed as onc with

the White Slave Traffic (Su ppression) Ordinance, hereinafter refe rred

to as "th e principal llw·· .

For section 2 of the principal law the re shall be substituted the

following

"iDd.......

2. (I) Whoever, in order to gratify the lust of any

:::::.";:. other pe~n , compels by means of violence or threats, or

'''''OF''' ind uces by dcceil. a person who has att ained the age of

\WetIty-oD< Iwenly-one years 10 leave Malta for purposes of prostitution

:::::::.. elsewhere, shall be liable. on conviction , to imprisonment for

tor ....... .. a tenn not eltceeding two years, with or wi thout solitary

-.

confinement

paoaof

prwIi.,..

Provided that the punishment shall be imprison-

ment for a term from one to four years , with or without

solitary confinement. if the offence is commilled -

(a) by an ascendant by consanguinity or affin ity,

by the adoptive father or mother , by the husband or the

wife, or by a brother or sister; or

(b) by means of abuse of authorit y, of trust or of

domestic rel ations; or

(c)

habitually or for gain .

(2) A conviction under this section shall en tail the

forfeiture of evcl')' lIuthority and righlgranted 10 theoUender

over th e person or property of the person 10 whose prej udice

the offence shall have been committed.".

For section 3 of th e principal law there shall be substituted th e

following

( I) Whoever, in order to gratify the lust of any

other person, induces a person under the age of twenty-ooe

years to leave Malta for purposes of prostitution elsewhere,

,_nty"""'" or encourages or facil itates his departure from Malta for the

same purpose, shall be liable, on conviction, to imprisonment

for a tenn from eighteen months to four years, with or

without sclitaI}' confinement

Provided that the punishment shall be imprison-

ment for a tenn from twO to six years, with o r without soli tary

confinement, if the offence is committed -

(a) to th e prejudice of a person who has not

completed the age of twelve years; or

(b)

by means of violence or threats, or by deceit;

0'

(c) by an asce ndant by consanguini ty or affinity.

by the adoptive father or mother, by the husband or wife

or tutor, or by any other person charged , even though

temporarily, with th e ca re , ed ucat ion. instruction.

control or custody of the person under the age of twe nty-

one years; or

(d)

ha bitu all y or for gain.

(2) A convictio n under this secti on shall en tail the

fo rfeiture of every auth ority and right granted 10 theoffender

ove r the person or prope rty of the person to whose prejudice

the offence shall have been committed. and. in the caseof the

tutor. his removal from the tutorship and his perpetual

disability from holding the office of tut or. ~.

Sectio n 4 of the principal law shall be deleted.

4.

L·artikolu 5 lal-ligi priocipali ghandu jigi emendat kif gej

Sectio n 5 of the pri ncipal law shall be amended as follows

(a) for subsection (I) thereof there shalt be substituted the

following

( 1) Whoever detai ns. or is wilfully a pany to the

1ion. <l< ., detention of a person, against his will. in any brothel, or in or

.pi"'u upon any premises used fo r purposes of habitual prostitu tion,

eve n ifsuch person may have resorted to such place o(hisown

free will, a nd may have remained there 10 prlK1ice

prostitution, and ootwithstanding any obligation or debt

which such person may have contracted with any person

who msoever, shall be liab le, on convicti on, to imprisonment

(or a term not exceeding two years, unless a highe r

punishm ent is applicable under any o th er provision of the

Criminal Code or of any othe r law .~;

(b) (o r subsection (2) thereof the re shall be substituted the

following

~(2)

A person shall be deemed to detain another

person, fOT the purposes of thi s section, if, with inte nt to

compel such o the r person to remain in a brothel or in o r upon

any pre mises used for purposes of habi tual prostitution , he

wi tholds from such o the r person any wearing appare l o r o the r

property belonging to the latter , o r. whe re wearing apparel

has bee n lent o r o therwise supplied 10 such o the r peT$On , he

threate ns such o the r person with legal proceedi ngs if the

latte r takes away with him the wearing appa rel so le nt o r

supplied."; and

(c) subsectio n (3) thereof shall be amended as (ollows

(i) for the words ~ any such woman o r girl~ there shall be

substituted the words "such other personH, and

(ii)

in the English text only, (or the words "to enable

her" there shall be substituted the wo rds "to enable such other

person",

Section 6 of the principal law sha ll be amended as (ollows

(a) for subsection (I) thereof there shall be substituted the

(o llowing

( I)

It shall be lawful for the Commissione r of Po lice,

when. in his o pinio n, there is reasonable cause to suspeclthat

a person is detained against his will (or immo ral purposes by

any other person in any place, to issue a warrant to a ny pol ice

offlCCr o<x below the rank of inspecto r, au thorising him to

search (o r the person so detained and to tak e him ou l of such

place; and the Commissioner of Police may cause the person

who was being so de tained to be delive red up to his parents or

othe r relatives, or otherwise dealt with , as circumstances may

permit o r require,";

(b)

subsection (2) thereof shall be amended as follows

(i) fo r the words Mgirls unde r age~ the re shaU be

substituted the word ·· mi nors~; and

(H) for the words ~ Ihe removal of any such girl" the re

shall be substituted the words "the removal of any millor";

(c) in subsection (3) thereof, for the words "that such girl be

de live red up 10 her parents or other ascendants, or 10 her tutor, as

the case may be, wi th an injunction 10 provide for he r education,

and watch ove r her conduct," there shall be substituted the words

" that such minor be delivered up 10 his parents o r othe r asc<: ndants,

or 10 his lutor, as the case may be, witb an injunction to provide for

his education, and watch over his conduct,";

(d) for subsection (4) thereof there shall be substituted Hie

following

"(4) In default of parents or other as.;endants. or of a

tutor, or if such persons are unable to provide for the

education or care of such mioor, it shall be lawful forthe (:Ourt

todirecl lhat such minor be kepI in an institution or other place

of safety, for a term at the discretion of the court, but not

beyond his minori ty."; and

(e) in subsection (5) thereof, for the words ~of such gi rl"

there shall be substituted the words "of such minor'"'.

For subsecti on (3) of section 7 of the principal law there shall

be substitut ed the following

A person shall be deemed . until the contrary is proved.

"(3)

to be knowingly living, wholly or in part, on the earnings of

prostitution, if it is shown that he lives wi th , or is habitually in the

company of. a person practising prostitution or that he has

exercised control, di rection or influence over the movements of

that person in a manner as to show that he is aiding, abetti ng or

compelling the prostitution of that person with any other person or

generally," ,

Passed by the House of Representatives at Sitting No. 224 of 1st February, 1994.

RICHARD J. CAUClII

Cfuk to the House of Representatives.

lWUbbliht mid.DipanUne., .. ' I·lnform ... jor>i - Kutiljl- PW>lUMd by/N. Dt~", of In/omr<W>ll- K&niij.

Mitbu&ll Il-bl""'l'"rijo taI-G .. ", - f'riItlH. IN ~'" PriNUof PruJ