Which overseas offences will Act 792 now cover?

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Act 792 will now cover specified child sexual offences committed overseas that involve Malaysian-linked victims or offenders

Act 792 will cover overseas offences when they involve a child who is a Malaysian citizen or a permanent resident, making those offences punishable under the act. It will also apply to sexual offences against children committed overseas by Malaysian citizens or permanent residents, and it will extend to offences listed in a Schedule when the offender is either a permanent resident or habitually resident in Malaysia, or when any person commits the offence against a child who is a Malaysian citizen, a permanent resident, or habitually resident in Malaysia.
Offences committed outside Malaysia involving Malaysian citizen or permanent resident children
The amendment to section 3 provides that offences committed outside Malaysia are punishable under Act 792 if they involve a child who is a Malaysian citizen or a permanent resident. This means the overseas location does not prevent prosecution where the child victim is Malaysian-linked in that specific way.
Overseas child sexual offences committed by Malaysian citizens or permanent residents
The amendment also states that Act 792 will apply to sexual offences against children committed overseas by Malaysian citizens or permanent residents. In this scenario, the overseas act is covered because of the offender’s Malaysian status.
Schedule-listed offences committed overseas under expanded extra-territorial rules
The proposed replacement of section 3 expands the extra-territorial application to offences specified in the Schedule that are committed outside Malaysia. Coverage under this expanded rule applies where the offender is a permanent resident or whose habitual residence is in Malaysia.
Overseas offences against children habitually resident in Malaysia
The Schedule-based expansion also covers cases where any person commits the offence against a child who is a Malaysian citizen, a permanent resident, or a child habitually resident in Malaysia. This extends coverage to overseas offences where the deciding factor is the child victim’s status or habitual residence in Malaysia, regardless of the offender’s ties.

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Which overseas offences will Act 792 now cover?

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