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Wednesday, November 29, 2023

Govt tables state immunity bill for first reading

 

Law and institutional reform minister Azalina Othman Said expressed hope that the legislation would prompt foreign governments to reciprocate by granting immunity to Malaysia. (Bernama pic)

PETALING JAYA: The government has tabled a state immunity bill for its first reading in the Dewan Rakyat today.

Law and institutional reform minister Azalina Othman Said, who tabled the bill, said its second reading would take place during the next Dewan Rakyat sitting.

The Jurisdictional Immunities of Foreign States Bill 2023 provides, among others, for the establishment of a council to deliberate and decide on all matters concerning foreign state immunity, Bernama reported.

The bill also gives the prime minister the authority to revoke all or part of the immunity provided by this proposed law against any foreign state if he is convinced that Malaysia has not received reciprocal immunity.

“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 creation of the bill was rooted in the doctrine concerning the immunity of foreign states from court jurisdiction, a practice entrenched in longstanding international customary law. It also draws upon various principles under the United Nations Convention on the Jurisdictional Immunity of States and Their Property.

She said the bill also reflected Malaysia’s efforts to protect the immunity of foreign states while strengthening diplomatic relations with other countries.

She expressed hope that the legislation would prompt foreign governments to reciprocate by granting immunity to Malaysia. This reciprocal action would help safeguard Malaysia’s sovereignty in case of legal actions initiated against the country in those nations.

Meanwhile, works minister Alexander Nanta Linggi also tabled the Highway Authority Malaysia (Incorporation) (Amendment) Bill 2023 for its first reading today.

The bill seeks to expand the authority’s scope by introducing new responsibilities. These include advising the federal government on matters concerning highways, establishing standards for highways, and undertaking tasks such as planning, designing, constructing, operating, managing, and maintaining highways. - FMT

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