THE Dewan Rakyat has passed the Jurisdictional Immunity for Foreign States Bill 2023 amid the uproar by the Opposition MPs over the sole power of the prime minister stipulated in the Act.
The august hall erupted when Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said was answering questions by MPs before the Bill was passed.
Opposition lawmakers called out the process of passing the Bill, claiming that it was “bulldozed” through.
Opposition leader Datuk Seri Hamzah Zainudin said while Perikatan Nasional had no intention of rejecting the Bill, they could not agree to the manner in which it was passed.
Likening the power given to the prime minister in the Bill to a “one-man show,” the Larut MP said that was why having check and balance was crucial.
“This Bill will give the prime minister the power to exempt countries from this law as he likes it. Let’s not misuse (or) abuse the majority in such a way.
Heated battle: Azalina (standing) responding to Hamzah before he decided to leave the hall during the sitting. — Bernama
“We don’t want a scenario where one day the prime minister can be ‘pinched’ (pressured) by foreign superpowers,” he said, cautioning about the potential consequences if the authority is misused.
Kota Baru MP Datuk Seri Takiyuddin Hassan also questioned why the Bill would give the prime minister such powers and pointed out that in countries like the United Kingdom, Australia and Singapore, the prime minister was not given the power of exemption.
“We recommend that it should be the head of state, who is the King, that should be given this power,” he said in a press conference on the sidelines of the Dewan Rakyat sitting.
Takiyuddin said the prime minister should consult with the Yang di-Pertuan Agong before granting exemptions, adding that improvements should be made to the law to ensure a fair and balanced approach.
The Jurisdictional Immunity for Foreign States Bill aims to regulate the immunity conferred upon a foreign state and its property.
According to the Bill, 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.
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.
Meanwhile, Clause 33 empowers the prime minister to enact regulations considered expedient or necessary to fully enforce or enhance the implementation of the provisions of the Act.
In explaining the matter, Azalina said the Bill was not similar to the National Security Council Act 2006 (Act 776) as it does not stipulate sovereignty.
“This (Bill) is about immunity (for foreign states) in Malaysian courts so that we receive the same in foreign courts.
“What we are talking about here is reciprocity immunities. If the foreign country is revoking our immunities (in their country), we will do the same here,” she said.
Azalina also explained that the decision would not lie solely on the prime minister but rather on the decisions made by the 12-member Foreign State Immunity Council.
She said the Bill was presented and consented to by the Conference of Rulers last year.
