By Yasmin Ramlan
KUALA LUMPUR, Mar 19 — The Jurisdictional Immunities of Foreign States Bill 2023, which was passed in the Dewan Rakyat today, will not compromise on national sovereignty.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said mentioned this in her winding-up speech amid uproar from Opposition MPs over the powers granted to the Prime Minister under the proposed Act.
Addressing the Dewan Rakyat, she reiterated several times that any matters related to national sovereignty or security would fall under the National Security Council’s (NSC) purview.
Azalina clarified that decisions made within the NSC framework involve the input of more than one individual.
“Larut (MP Datuk Seri Hamzah Zainudin) and Kota Bharu (MP Datuk Seri Takiyuddin Hassan) raised concerns about sovereignty, but I have clarified that these issues are not relevant, as they fall under the jurisdiction of the NSC Act.
“This bill addresses reciprocity, whereby if a country withdraws immunity for us in their territory, we can do the same here. That is all we are seeking.
“Larut, you have only read a few excerpts; you should read the bill in its entirety. This seems to be your issue. You are attempting to portray the government as irresponsible,” she said, stressing that the bill’s focus is not on amending the NSC Act but rather on immunity.
Earlier, several Opposition lawmakers, including Takiyuddin, Hamzah, Beluran MP Datuk Seri Ronald Kiandee, Putrajaya MP Mohd Radzi Md Jidin, and Hulu Terengganu MP Datuk Rosol Wahid, voiced their dissatisfaction regarding several clauses in the bill.
Among other things, they demanded an explanation regarding Clauses 30, 32, and 33 of the bill, which they argued granted excessive power to the Prime Minister instead of the King.
They also called for voting on the bill to be postponed until all issues are resolved.
Earlier, when tabling the bill for the second reading, Azalina said Clause 30 grants the Prime Minister power to revoke any or all immunities extended to foreign countries if it is deemed that Malaysia does not receive reciprocal treatment.
Meanwhile, Clause 32 empowers the Prime Minister to exempt any foreign country from specific provisions of the proposed Act, with the authority to impose necessary or expedient conditions or restrictions as deemed fit.
“Clause 33 empowers the Prime Minister to enact regulations considered expedient or necessary to fully enforce or enhance the implementation of the provisions of this Act,” she said.
Azalina’s lengthy clarification followed Takiyuddin’s comparison of several countries, including Australia and the United Kingdom (UK), where the authority granted by similar legislations is given to their respective governors-general or rulers rather than the prime minister.
However, the minister said countries like the UK and Australia do not have agencies responsible for national security like Malaysia’s NSC.
“The protection we provide is more than in Canada, Australia, and the UK, as you mentioned earlier,” she said.
The Jurisdictional Immunities of Foreign States Bill 2023, which comprises 33 clauses, was passed via a simple voice vote.
The bill will next be tabled in the Dewan Negara and has to be consented to by the King before it can be gazetted.
