WHITE SLAVE TRAFFIC (SUPPRESSION) ORDINANCE (suppression)

WHITE SLAVE TRAFFIC (SUPPRESSION)

CHAPTER 63

WHITE SLAVE TRAFFIC

(SUPPRESSION) ORDINANCE

To repeal and to re-enact with amendments the law relating to the

suppression of the White Slave Traffic.

(1st August, 1930) *

ORDINANCE VIII of 1930, as amended by Acts: XXXVI of 1933, XXXIV

of 1955; Legal Notice 46 of 1965; Acts: LVIII of 1974; XXII of 1976, XLIX

of 1981, XIII of 1983, XIII of 1989, V of 1994 and XVI of 2006; and Legal

Notice 408 of 2007.

The short title of this Ordinance is the White Slave Traffic

(Suppression) Ordinance.

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

person, compels by means of violence or threats, or induces by

deceit, a person who has attained the age of twenty-one years to

leave Malta for purposes of prostitution elsewhere or to come to

Malta from elsewhere for the purposes of prostitution in these

islands, shall be liable, on conviction, to imprisonment for a term

not exceeding two years, with or without solitary confinement

Provided that the punishment shall be imprisonment for a term

from two to ten years, with or without solitary confinement, if the

offence is committed -

(a) by an ascendant by consanguinity or affinity, 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 authority, of trust or of domestic

relations; or

(c) habitually or for gain.

(2) A conviction under this article shall entail the forfeiture of

every authority and right granted to the offender over the person or

property of the person to whose prejudice the offence shall have

been committed.

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

person, induces a person under the age of twenty-one years to leave

Malta or to come to Maltafor purposes of prostitution elsewhere, or

encourages or facilitates his departure from Malta or arrival in

Malta for the same purpose, shall be liable, on conviction, to

imprisonment for a term from two to five years, with or without

solitary confinement

Provided that the punishment shall be imprisonment for a term

from three to ten years, with or without solitary confinement, if the

offence is committed -

*See Proclamation No. XVII of the 1st August, 1930.

WHITE SLAVE TRAFFIC (SUPPRESSION)

(a) to the prejudice of a person who has not completed the

age of twelve years; or

(b) by means of violence or threats, or by deceit; or

(c) by an ascendant by consanguinity 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 the care, education, instruction,

control or custody of the person under the age of

twenty-one years; or

(d) habitually or for gain.

(2) A conviction under this article shall entail the forfeiture of

every authority and right granted to the offender over the person or

property of the person to whose prejudice the offence shall have

been committed, and, in the case of the tutor, his removal from the

tutorship and his perpetual disability from holding the office of

tutor.

4. Repealed by: V.1994.4.

Imħassar bl-Att V.1994.4.

(1) Whoever detains, or is wilfully a party to the detention

of a person, against his will, in any brothel, or in or upon any

premises used for purposes of habitual prostitution, even if such

person may have resorted to such place of his own free will, and

may have remained there to practice prostitution, and

notwithstanding any obligation or debt which such person may

have contracted with any person whomsoever, shall be liable, on

conviction, to imprisonment for a term not exceeding two years,

unless a higher punishment is applicable under any other provision

of the Criminal Code or of any other law.

(2) A person shall be deemed to detain another person, for the

purposes of this article, if, with intent to compel such other person

to remain in a brothel or in or upon any premises used for purposes

of habitual prostitution, he withholds from such other person any

wearing apparel or other property belonging to the latter, or, where

wearing apparel has been lent or otherwise supplied to such other

person, he threatens such other person with legal proceedings if the

latter takes away with him the wearing apparel so lent or supplied.

(3) No legal proceedings, whether civil or criminal, shall be

taken against such other person for taking away or being found in

possession of any such wearing apparel as was necessary to enable

such other person to leave such premises or brothel.

(1) It shall be lawful for the Commissioner of Police,

when, in his opinion, there is reasonable cause to suspect that a

person is detained against his will for immoral purposes by any

other person in any place, to issue a warrant to any police officer

not below the rank of inspector, authorising him to search for the

person so detained and to take him out of such place; and the

Commissioner of Police may cause the person who was being so

detained to be delivered up to his parents or other relatives, or

otherwise dealt with, as circumstances may permit or require.

WHITE SLAVE TRAFFIC (SUPPRESSION)

(2) Whenever the Commissioner of Police has reason to believe

that the prostitution of minors is encouraged or facilitated in any

brothel or other premises used for purposes of prostitution, he shall,

without prejudice to any criminal action which may be competent,

report the matter forthwith to the who shall thereupon have power

to apply to the court of voluntary jurisdiction for an order for the

removal of any minor from any such place as aforesaid.

(3) It shall be lawful for the court, upon inquiring into the

circumstances of the case, to direct that such minor be delivered up

to his parents or other ascendants, or to his tutor, as the case may

be, with an injunction to provide for his education, and watch over

his conduct, under the penalty laid down in article 35(3) of the

Criminal Code.

(4) In default of parents or other ascendants, or of a tutor, or if

such persons are unable to provide for the education or care of such

minor, it shall be lawful for the court to direct that such minor be

kept in an institution or other place of safety, for a term at the

discretion of the court, but not beyond his minority.

(5) The parents or other ascendants of such minor shall be

liable for any maintenance fees or other expenses, which may

become due in consequence of the directions given by the court.

(1) Any person who knowingly lives, wholly or in part, on

the earnings of the prostitution of any other person, shall be liable,

on conviction, to imprisonment for a term not exceeding two years

Provided that where that other person has not attained the age

of eighteen years, the offence shall be punishable with

imprisonment for a term from eighteen months to four years.

(2) Any person who in any street or other public place or in any

place exposed to the public loiters or solicits for the purpose of

prostitution or for other immoral purposes, shall be liable, on

conviction, to imprisonment for a term of not more than six

months.

(3) A person shall be deemed, until the contrary is proved, to

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

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

company of, a person practising prostitution or that he has

exercised control, direction or influence over the movements of

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

compelling the prostitution of that person with any other person or

generally.

(1) Whoever shall keep or manage or share with others in

the management of a brothel or of any house, shop or other

premises or any part thereof which is or are, or is or are reputed to

be resorted to for the purpose of prostitution or other immoral

purposes shall be liable, on conviction, to imprisonment for a term

not exceeding two years and to a fine (multa) not exceeding four

hundred and sixty-five euro and eighty-seven cents (465.87).

(2) Whoever knowingly lets for hire or permits the use or

shares in the profits of any vehicle used for the purpose of

WHITE SLAVE TRAFFIC (SUPPRESSION)

prostitution or other immoral purposes shall be liable, on

conviction, to imprisonment for a term not exceeding six months

and to a fine (multa) not exceeding one hundred and sixteen euro

and forty-seven cents (116.47).

(3) A person shall be deemed to share in the management of a

brothel or of any house, shop or other premises or any part thereof

for the purpose of prostitution or other immoral purposes, if he

partakes directly or indirectly of any of the profits of such

management, or takes an active part in the management of such

brothel, house, shop, premises or part thereof.

Whoever keeps any shop, lodging-house or hotel or any

private apartment and suffers or permits such shop, lodging-house,

hotel or apartment or any part thereof to be used as a place of

assignation for the purpose of prostitution or any other immoral

purpose shall be liable, on conviction, to imprisonment for a term

from one to six months.

Whoever owns or has under his administration any house

or other premises and knowingly lets or permits the use of the same

for the purpose of prostitution or other immoral purposes, shall be

liable, on conviction, to imprisonment for a term from one to six

months.

On a second conviction for any of the crimes specified in

the preceding articles the punishment may be increased by two

degrees, and on a third or subsequent conviction, by three degrees.

(1) Whoever, after due notice in writing has been given to

him by the Commissioner of Police that a house or other premises

owned or administered by him, is or are used for the purpose of

prostitution or other immoral purposes, fails, within six working

days, to take the necessary steps before the competent court for the

ejection therefrom of the person or persons occupying the same and

to prosecute the proceedings with due diligence shall be liable to a

fine (multa) in terms of the Criminal Code.

(2) In the case of a conviction for an offence against the

provisions of this article, the court shall allow the offender a period

of time within which to take the said steps under a penalty of four

euro and sixty-six cents (4.66) for each day during which the

default in carrying out the order of the court continues.

The Commissioner of Police may, in the course of any

proceedings for an offence against the provisions of articles 8, 9, 10

and 12, order that the house, shop, lodging-house, hotel, apartment

or other premises be kept closed until the court delivers judgment,

saving the provisions of any other existing law under which the

Commissioner of Police may suspend or withdraw any licence.

On conviction for an offence under this Ordinance, the

court may cancel any licence held by the offender in respect of any

hotel, lodging-house, shop or other premises wherein or within the

precincts whereof the offence was committed, and, in the case of

article 8(2), both the offender’s driving licence and any licence

WHITE SLAVE TRAFFIC (SUPPRESSION)

held by him in respect of the vehicle to which the offence relates

Provided that nothing in this article shall be deemed to

affect any powers of the Commissioner of Police under any other

law to cancel or suspend any licence.