KUALA LUMPUR, April 1 — The Dewan Negara today passed the Jurisdictional Immunities of Foreign States Bill 2023.
It 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.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said emphasised the importance of providing clear and accurate assessments of the bill to all parties to prevent any misunderstandings when winding up the debate on the bill today.
“One common misinterpretation is the concern that political figures might exploit this act to shield the country and its leaders from accountability for any related legal claims,” she said.
Azalina 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. This does not impact the immunity of government leaders or heads of state.
She guaranteed 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 private or kept secret.
“This bill does not give the Prime Minister or the council the power to grant immunity to foreign states,” Azalina said.
She added that per Clause 2 of the bill, the Prime Minister does not have authority over criminal cases involving heads of state or government leaders who commit crimes.
“If the head of state or government commits a crime, they will face criminal action. The prime minister, the Council (Foreign State Immunity Council), or Cabinet ministers cannot grant immunity to those who commit crimes,” Azalina said.
The bill, comprising 33 clauses, was referred to and endorsed by the Conference of Rulers on October 24 last year, 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.
— Bernama
