KUALA LUMPUR: The Jurisdictional Immunities of Foreign States Bill 2023) which aims 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, was tabled for first reading at the Dewan Rakyat today.
The bill was brought forth by the Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pix), who also said that the second reading of the bill is slated for the next Dewan Rakyat sitting.
Clause 20 and 21 of the bill provide for the establishment of a Foreign State Immunity Council to deliberate and decide on all matters concerning foreign State immunity arising out from the implementation of this Act, while Clause 30 aims to provide that the Prime Minister may withdraw all or any of immunity under this proposed Act against any foreign State if the Prime Minister satisfied that Malaysia did not receive any immunity corresponding to those conferred by Malaysia under this proposed Act.
In a statement, Azalina said the formulation of the bill was based on the doctrine of immunity of foreign States from the jurisdiction of courts, a long-standing practice under international customary law, and several principles outlined in the United Nations Convention on the Jurisdictional Immunity of States and Their Property 2024.
“The principle of reciprocal treatment is one of the main aspects of this legislation. The Prime Minister will be empowered to revoke the immunity granted to any foreign country if that foreign country does not provide the same immunity to us,” she said.
Azalina said the bill also reflects Malaysia’s efforts to protect the immunity of foreign States while strengthening diplomatic relations with other countries.
She hopes that the legislation will also encourage foreign governments to reciprocate by granting immunity to Malaysia, thereby ensuring Malaysia’s sovereignty in the event of legal actions initiated against Malaysia in those foreign countries.
Meanwhile, Works Minister Datuk Seri Alexander Nanta Linggi also tabled the Highway Authority Malaysia (Incorporation) (Amendment) Bill 2023 for the first reading today.
The bill aims to introduce new functions of the Authority, among others, to advise the federal government on any matters relating to highways, to formulate standard for highways and to undertake the planning, design, construction, operation, management and maintenance of highways. -Bernama
