Dewan Negara passes Jurisdictional Immunities of Foreign States Bill 2023

 

Law and institutional reform minister Azalina Othman Said said any decision made by the prime minister under Clause 32 of the act must be officially published in the gazette and cannot be kept a secret.

KUALA LUMPUR: The Dewan Negara today passed the Jurisdictional Immunities of Foreign States Bill 2023.

The bill seeks to regulate the immunity granted to foreign states, as well as their assets, heads of state and government leaders, from the jurisdiction of Malaysian courts.

Winding up the debate on the bill today, law and institutional reform minister Azalina Othman Said said it was important to provide a clear and accurate assessment of the bill to all parties to prevent any misunderstanding.

“One common misinterpretation is the concern that political figures might exploit this act to shield their country and leaders from accountability for any related legal claims.”

She said the prime minister’s authority – as outlined in Clauses 30, 32 and 33 of the bill – is specifically restricted to actions concerning immunity granted to foreign states and this does not impact the immunity of government leaders or heads of state.

She said there is no need for concern about potential abuse of power by the prime minister.

“The key point of this act is that any decision made by the prime minister under Clause 32 must be officially published in the gazette. It cannot be made privately or kept a secret.

“This bill doesn’t give the prime minister the power to grant immunity to foreign states,” she said.

Azalina also noted that, as per Clause 2 of the bill, the prime minister doesn’t have authority over criminal cases involving heads of state or government leaders.

“If the head of state or government commits a crime, they will face criminal action.

“The prime minister, the Foreign State Immunity Council and Cabinet members cannot grant immunity to those who commit crimes,” she said.

The bill, comprising 33 clauses, was referred to and endorsed by the Conference of Rulers on Oct 24, 2023, in accordance with Article 159(5) and Article 38(4) of the Federal Constitution.

The bill was passed unanimously after 15 senators participated in the debate. - FMT