KUALA LUMPUR, Nov 29 — The Jurisdictional Immunities of Foreign States Bill 2023 was tabled for first reading at the Dewan Rakyat today.
The bill 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 courts of Malaysia.
It was brought forth by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, who said the bill’s second reading is slated for the next Dewan Rakyat sitting.
Clauses 20 and 21 of the bill provide for establishing a Foreign State Immunity Council to deliberate and decide on all matters concerning foreign State immunity arising from the implementation of this Act.
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 is satisfied that Malaysia did not receive any immunity corresponding to those conferred by Malaysia under this proposed Act.
In a statement, she said the bill’s formulation is 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,” 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 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, formulate standards for highways, and undertake the planning, design, construction, operation, management, and maintenance of highways.
— Bernama
