Jornal “Va Kio” - Overview on Macao Law
Human Trafficking and Slavery

2008.06.27 News

Slave trade was legal during the 16th century. Countries across the globe were openly selling and buying slaves. Mass Africans were sold to Europe and America. They were locked up with handcuffs and fetters to stop them from escaping throughout the voyage to the destination. Some of them were either starved to death or die from diseases during the voyage. Later in 1870, the United Kingdom officially forbad slave trade. Then other countries followed its example and ended the centuries-long cross-Atlantic slave trade.

If slavery is a deprivation of human freedom and dignity, and an endless exploitation to the victims, then trafficking activities is a modern form of slave trade. In human trafficking, the criminals make profit from depriving the victims. The majority of victims are women and young girls who are subjected to sex exploitation while men victims are usually sold for drudgery.

Human trafficking often relates to sex exploitation of women. If the offender aims at organ trafficking, does it regarded as a crime of human trafficking?

In reality, there are many reasons which induce human trafficking. According to the Law of Combat the Crime of Trafficking in Persons (Lei n.º 6/2008, Combate ao crime de tráfico de pessoas), the scope of crimes in trafficking does not only refer to prostitution, but also the three scenarios in the following:
1. Labor exploitation (e.g. the sales of sufferers as forced labors in other places);
2. Removal of human organs and;
3. Trafficking human under the name of juvenile adoption.

Any action that aim to achieve the above objectives by means of violence, kidnapping, or fraud, abuse of power or use the victims’ disadvantage position for transmitting, transferring, receiving, harboring or accepting victims constitutes the crime of trafficking.

In the crime of trafficking, does the sentence to the offender vary according to the age of the victim?
In trafficking, the offender will be condemned to a maximum 12-year of imprisonment if the victim is an adult.
If the victim is underage, the offender will be put into jail for a maximum 15 years. If the victim is younger than the age of 14, or the offender aims to rely on human trafficking for a living or attempt to make profit from it, the offender will be imprisoned for a maximum 20 years.
The maximum penalty for child trafficking disguised as adoption is 5 years of imprisonment.

Human trafficking is usually carried out by transnational organizations. If the offender committed the crime under the name of an organization instead of being an individual, how does the law deals with cases as such?
When the crime of trafficking is committed under the name of an organization, not only does the organization mentioned should take the criminal responsibility, it might receive penalty and order of disbandment upon the decreed of the court.
Penalty is fined on a daily basis, 1000 days the maximum. The daily fine ranges from MOP 100 to MOP 20,000. To a crime of trafficking committed by an organization, counted at the maximum limit of 1000 days and a daily fine of MOP 20,000, the highest penalty is MOP 20 million.
Aside from the punishment mentioned above, the court can also condemn accessory punishment to the organization, for instance permanent closure of the site of the organization, publishing all the guilty verdicts, etc.

If our residents learn or suspect any crime of trafficking, who can they refer the case to or how can they offer help to the victims?
Anyone who comes across any suspected victim of trafficking or any suspected cases, please report it to the police immediately. This is the way to rescue the victims and to put the offenders behind bars.

24-hour Report Hotline: 2888 9911

Helpline: 2888 9922

Note: With reference to Article 2 and Article 5, Law of Combat the Crime of Trafficking in Persons.

(Please send your comments to Rua do Campo, nº 162, Edifício “Administração Pública", 17º andar, Macau or email us at 9872233@dsaj.gov.mo with your name and address stated.）

(Source by DSAJ)

Back>