KUALA LUMPUR: The Dewan Rakyat has passed the Jurisdictional Immunity for Foreign States Bill 2023 amid the uproar over disagreements by the Opposition on the stipulated sole power of the Prime Minister.
The lower House of Parliament erupted when the Prime Minister’s Department (Law and Institutional Reform) Minister Datuk Seri Azalina Othman Said was answering the questions by MPs before the Bill was passed.
Opposition leader Datuk Seri Hamzah Zainuddin (PN-Larut) argued for the Yang di-Pertuan Agong as the head of state to be included in the Bill as a check and balance against the Prime Minister’s power.
“We’re only asking to amend one clause (in the Bill), pertaining to the power to exempt and make regulations.
“I’m not questioning other laws here. What if the Prime Minister was ‘pinched’ (pressured) by a foreign superpower? This could cause the Prime Minister to use this power. You, over there (government bloc) will be responsible for it!” he said.
According to the Bill, clause 30 entailed that the Prime Minister can withdraw the immunity provided under the Act against foreign states if there is no reciprocal treatment.
Clause 32 provided the power of the Prime Minister to exempt any foreign State from any of the provisions of the proposed Act and clause 33 stated his power to make regulations.
Azalina also said the Bill should not be treated similarly to the National Security Council Act 2006 (Act 776) as it does not stipulate sovereignty.
“There is nowhere in the Bill that mentions the sovereignty issue. The Bill does not touch sovereignty as it falls under the National Security Council (NSC), the ‘mother’ of all sovereignty and security.
“This (Bill) is all about an immunity (for foreign states) in Malaysian courts so that we receive the same in foreign courts,” Azalina explained.
“What we are talking about here is about reciprocity immunities. If the foreign country is revoking our immunities (in their country), we will do the same here,” Azalina added.
Azalina, when answering the questions earlier, also clarified that the decision would not lie solely on the Prime Minister, but rather based on the decisions made by the 12-member council.
“The exemption of the immunities was a consequential reactive action if Malaysia did not receive similar treatment from the foreign state.
“Therefore, the Prime Minister, as the chairman of the 12-member council has been given the mandate in accordance with the law to collectively consider this matter which is technical and operative, which is fit for an executive member,” she said, referring to the Foreign State Immunity Council.
Azalina also added that the Bill was presented and consented to by the Council of Rulers last year as stipulated in the Federal Constitution.
The shouting match continued which forced the deputy Speaker Alice Lau to reprimand the MPs before proceeding with the voice votes to pass the Bill at the Committee level.
