KUALA LUMPUR, March 18 — The Jurisdictional Immunities of Foreign States Bill 2023 is expected to safeguard the country’s dignity and bolster diplomatic ties with foreign nations.
Taking heed of the murder of Kim Jong-nam, the half-brother of North Korea’s supreme leader Kim Jong-un in Malaysia in 2017, RSN Rayer (PH-Jelutong) highlighted that the law aims to prevent foreign countries or leaders from being immune in court proceedings within the country.
He said the incident harmed Malaysia’s reputation, indicating that the country was perceived as lacking adequate security measures and laws to safeguard foreign visitors.
“This incident made Malaysia a subject of ridicule... I believe this law will prevent similar incidents from happening in the future.
“Section 10 of this bill explicitly states that a foreign country, head of State and head of Government are not exempt from court jurisdiction in cases involving death, personal injury, or property damage,” he said when debating the bill in the Dewan Rakyat today.
During the session, several Members of Parliament proposed that the government review specific provisions in the bill, particularly those related to the role and powers of the prime minister.
Datuk Dr. Radzi Jidin (PN-Putrajaya) raised concerns about certain provisions, particularly Clauses 30, 32, and 33, which were seen as granting excessive power to the prime minister.
“There should be checks and balances on the power granted, as excessive authority can potentially lead to misuse. It’s not advisable for one person to have unchecked decision-making authority,” he said.
Datuk Mumtaz Md Nawi (PN-Tumpat) proposed that the provisions concerning the prime minister’s authority in Clauses 30, 32, and 33 be amended to incorporate the role of the King.
“In this regard, the Agong should be given a role and the Prime Minister is required to consult and obtain the Agong’s approval before making any decision,” he said.
Hassan Abdul Karim (PH-Pasir Gudang) emphasised the need for increased public debate and discussion during the drafting process of the bill.
“I also suggest that this bill be postponed for the time being and referred to a parliamentary special select committee,” he said.
Earlier, Minister in the Prime Minister’s Department (Legal and Institutional Reform) Datuk Seri Azalina Othman Said, when tabling the bill for the second reading, clarified that Clause 30 grants the Prime Minister the authority to revoke any or all immunities extended to foreign countries if he deems that 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 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.
The Dewan Rakyat sitting continues tomorrow. — Bernama
