📄 Legal text
WHITE SLAVE TRAFFIC (SUPPRESSION)
[CAP. 63.
1
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.
1.
The short title of this Ordinance is the White Slave Traffic
(Suppression) Ordinance.
Short title.
2. (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:
Inducing a person
who has attained
the age of twentyone years to leave
Malta or to come to
Malta from
elsewhere for
purposes of
prostitution.
Amended by:
XLIX. 1981.4.
Substituted by:
V. 1994.2.
Amended by:
XVI. 2006.28.
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.
3. (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.
Inducing a person
under the age of
twenty-one years
to leave Malta for
purposes of
prostitution.
Amended by:
XLIX. 1981.4.
Substituted by:
V. 1994.3.
Amended by:
XVI. 2006.28.
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CAP. 63.]
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.
"Woman over age".
"Girl under age".
Detention, etc., of
a person against his
will in a brothel,
etc.
Amended by:
V.1994.5.
Cap. 9.
4.
Repealed by: V.1994.4.
5. (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.
Power of
Commissioner of
Police in case of
unlawful detention
of person.
Amended by:
L.N. 46 of 1965;
LVIII. 1974.68;
V. 1994.6.
6. (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)
[CAP. 63.
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(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.
Cap. 9.
(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.
7. (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.
Punishment for
living on the
earnings of
prostitution, etc.
Amended by:
XXXVI. 1933.1;
XXII. 1976.4;
XLIX. 1981.4;
XIII. 1989.2;
V. 1994.7;
XVI. 2006.28.
(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.
When a person is
deemed to be
living on the
earnings of
prostitution.
8. (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).
Punishment for
keeping, etc.,
brothels.
Amended by:
XLIX. 1981.4;
XIII. 1983.5;
L.N. 408 of 2007.
(2) Whoever knowingly lets for hire or permits the use or
shares in the profits of any vehicle used for the purpose of
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CAP. 63.]
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.
Punishment for use
of shop, etc., for
the purpose of
prostitution.
Amended by:
XLIX. 1981.4.
9.
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.
Punishment for
letting house, etc.,
for the purpose of
prostitution.
Amended by:
XLIX.1981.4.
10. 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.
Increase of
punishment in case
of second or
subsequent
conviction.
11. 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.
Punishment in case
of failure to take
steps to eject
person from
premises used for
immoral purposes.
Amended by:
XIII.1983.5;
L.N. 408 of 2007.
Cap. 9.
12. (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.
Power of
Commissioner of
Police to order
premises to be
closed pending
proceedings.
13. 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.
Court may cancel
licence of
premises.
Added by:
XXXIV. 1955.2.
14. 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)
[CAP. 63.
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.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.