Dewan Rakyat approves Jurisdictional Immunities of Foreign States Bill 2023
KUALA LUMPUR: The Dewan Rakyat yesterday passed the Jurisdictional Immunities of Foreign States Bill 2023, which among others, seeks to regulate the immunity conferred upon a foreign state and its property, the head of state and the head of government of a foreign state from the jurisdiction of the court of Malaysia.
Eleven MPs spoke during the debate on the bill, which was passed by a voice vote.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the Prime Minister’s power in Clauses 30, 32 and 33, is limited to withdraw, exempt and make related regulations with immunity granted to a foreign state only, without touching any immunity in relation to head of government or head of state.
She said the exemption of the immunities was a consequential reactive action if Malaysia did not receive similar treatment from the foreign state.
“The Prime Minister, as the chairman of the 12-member Foreign State Immunity Council, has been given the mandate in accordance with the law to collectively consider this matter which is technical and operative, which is fit for an executive member.
“Therefore, it is not a decision made by the Prime Minister alone,” she said when winding up the debate on the bill.
According to Azalina, the bill was also presented and consented to by the Conference of Rulers on Oct 25 and 26 last year in accordance with Clause (5) Article 159 read together with Clause (4) Article 38 of the Federal Constitution.
She added that the bill should not be treated similarly to the National Security Council Act 2016.
“The bill does not touch on national sovereignty but instead involves the immunity (of foreign states) in Malaysian courts so that we can have immunity in foreign courts,” she said.
Earlier, a heated argument sparked while Azalina attempted to explain the bill, after Opposition MPs claimed clauses 30, 32 and 33 would give absolute power to the prime minister.
“Kota Bharu MP and Larut MP, you were ministers before, how many committees have been chaired by the prime minister (before this)? You didn’t have any problems,” she said, referring to Datuk Seri Takiyuddin Hassan and Datuk Seri Hamzah Zainuddin.
The Dewan Rakyat also broke into another shouting match when Datuk Seri Ronald Kiandee (PN-Beluran) claimed that Deputy Speaker Alice Lau had bulldozed the process of passing the bill.
He claimed that he was ignored when he stood up before a voice vote was called, to which Lau replied that he should submit a motion if he was not pleased with the decision.