JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] The appellants are two accused persons jointly charged in the Sessions Court at Klang for three offences under s 12 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 [Act 670] ('ATIPSOM') read with s 34 of the Penal Code. They pleaded not guilty to the charges and sought to challenge the constitutionality of s 61A of ATIPSOM which relates to deposition of trafficked person or smuggled migrant.

[2] The Sessions Court transmitted the case to the High Court. The High Court however, decided the constitutional questions itself and dismissed the appellants' motion to transmit the special case to the Federal Court. On appeal, and upon agreement by both parties, the Court of Appeal set aside the High Court decision and ordered the High Court to transmit the special case to the Federal Court. Hence the present special case which is transmitted principally in accordance with ss 30 and 84 of the Courts of Judicature Act 1964 ('CJA 1964').

[3] For completeness, s 12 of ATIPSOM reads as follows:

"Offence of trafficking in persons

12. Any person, who traffics in persons not being a child or not being a person who is unable