Takiyuddin Hassan (PN-Kota Bharu) questioned Clauses 32 and 33, saying significant authority is granted to the prime minister instead of the Yang di-Pertuan Agong.
“(These clauses) clearly state that the power to exempt (other countries) and make regulations is given to the prime minister (in his personal capacity), not (as part of) a council established to decide on foreign state immunity,” he said in the Dewan Rakyat after interjecting in the winding-up speech of law and institutional reform minister Azalina Othman Said.
“So in this case, I feel that it is somewhat different from the laws of other countries that were established before Malaysia’s.”
Takiyuddin said similar powers are typically vested in the monarch or the head of state, citing provisions in the UK’s State Immunity Act 1978 and Australia’s Foreign States Immunities Act 1985.
“If not absolute power, very wide power is given to the prime minister. In other countries, such power is given to Her Majesty, the governor-general, the state president, or head of state,” he said.
When tabling the bill for second reading yesterday, Azalina said Clause 30 grants the prime minister the authority to revoke any or all immunities extended to foreign countries if Malaysia does not receive reciprocal immunity under the proposed Act.
She said Clause 32 empowers the prime minister to exempt any foreign country from specific provisions of the Act, with the authority to impose necessary or expedient conditions or restrictions as deemed fit.
Clause 33 meanwhile 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 added.
Azalina also said the proposed Act called for the creation of a council to deliberate and make decisions on matters related to foreign state immunity.
Responding to Takiyuddin, Azalina said the countries provided in his examples did not have councils like Malaysia.
“It’s one person making decisions (for those countries). We have a council and ours comprises more than one person.
“The protection we provide is more extensive than that of Australia and the UK, as you have mentioned,” she said.
Azalina also said the issue of obtaining immunity in Malaysian courts should consider the procedural laws established and could not solely rely on constitutional provisions.
The bill was passed with a majority voice vote after Azalina tabled a third reading.
Comprising 33 clauses, the Jurisdictional Immunities of Foreign States Bill 2023 was tabled in the Dewan Rakyat on Nov 9 last year.