SEX WORK AND THE LAW - HIV/AIDS Data Hub

The Penal Code provides offences for:
procuring a person with the intention of employing a person for the purpose of
prostitution. 444
Malaysia
living on the earnings of the prostitution of another person. 445
soliciting for the purpose of prostitution; 446
keeping a brothel; 447
public nuisance. 448
The Penal Code also provides offences for a negligent act 449 or a ‘malignant’ act, 450 which is
likely to spread infection of a dangerous disease. The Prevention and Control of Infectious
Diseases Act 1988 provides that it is an offence for a person who knows or has reason to
believe that they have HIV to do any act which they know or have reason to believe is
likely to lead to the spread of HIV. 451
Homosexuality is criminalized by the Penal Code. 452
The Federal Territories and some states (e.g., Kelantan, Kedah and Melaka) have enacted
sharia laws that specifically criminalize prostitution. The Muslim Law Enactments of
other states provide for illicit intercourse and khalwat, but may not define prostitution
as a separate offence. In relation to the Federal Territories, the Syariah Criminal Offences
(Federal Territories) Act 1977 provides that it is an offence for a woman to prostitute herself.
Penalties are a fine not exceeding five thousand ringgit or to imprisonment for a term not
exceeding three years or to whipping not exceeding six strokes. 453 The Act also provides
an offence for indecent behavior in a public place.
By-laws of the Federal Territory of Kuala Lumpur prohibit beauty and health establishments
from employing sex workers or allowing entry to or employment of persons with HIV. 454
6.5.2 Law enforcement practices
The PT Foundation (formerly known as Pink Triangle) has reported that health promotion
efforts are frustrated by police practices:
The Ministry of Health pays for us to have peer outreach workers to distribute
condoms. But if police find people with more than three condoms then they arrest
the sex workers on suspicion of solicitation…when (the sex workers) come out of
detention they avoid contact with the outreach workers for fear of re-arrest. It is a
waste of government resources. 455
444 Section 372 (1).
445 Section 372A.
446 Section 372B.
447 Section 373.
448 Section 268.
449 Section 269.
450 Section 270.
451 Section 12(2).
452 Sections 377A, 377D.
453 Section 21.
454 Beauty and Health Establishments (Federal Territory of Kuala Lumpur) By-laws 2003.
455 Global Commission on HIV and the Law (2011) Report of the Asia Pacific Regional Dialogue of the Global
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