Furore Over Pm S Powers Under New Law On Immunity For Foreign Powers

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PARLIAMENT | Attempts by opposition MPs to seek clarification over powers of the prime minister under the Jurisdictional Immunities of Foreign States Bill 2023 sparked an outcry in the Dewan Rakyat today.
Among others, Takiyuddin Hassan (PN-Kota Bharu) and opposition leader Hamzah Zainudin zeroed in on Section 32 and Section 33 of the Bill - on powers to exempt any foreign states from being immune to charges, or to make related regulations.
“Both of these sections clearly state that the power to exempt and make regulations is in the hands of the prime minister.
“This is quite different than in other countries,” said Takiyuddin who cited laws of the United Kingdom, Australia and Canada where similar powers were accorded to respective heads of state.
“Section 32 and Section 33 show that if not absolute power, very wide powers are given to the prime minister.
“Why? Why not the Yang di-Pertuan Agong? It should be the Agong," said Takiyuddin.
Hamzah, meanwhile, said opposition MPs are seeking to include a “check and balance” element in regard to the power to exempt any foreign state from any of the provisions of the Act.
“We don’t want matters related to the country’s sovereignty to be questioned.
“I wish to explain, if it happens in future there’s a prime minister with matters that a superpower can ‘squeeze’… with the authority to grant exemption, he can use the power,” said Hamzah.
In her response, Azalina said unlike in countries such as the UK, Australia and Canada, the new law debated today includes a provision allowing the formation of a new council to carry out its assigned duties.
“YB Kota Bharu must understand that in thte UK, Canada and Australia, there is no council. It’s just one person making decisions.
“Here we have a council. Our council has more than one person,” she stressed.
‘Don’t move goalpost’
Azalina said issues surrounding the protection of Malaysia’s sovereignty do not arise, as the basis of immunity is about being reciprocal in relations with other countries.
“YB (Hamzah) can’t be moving the goalpost all the time! You talk about sovereignty, Kota Bharu talks about sovereignty. I say sovereignty does not apply here.
“Issues of sovereignty are dealt with under the National Security Council Act 2016.
“The policy is about reciprocity. They waive our immunity in other countries, we waive their immunity here! That’s all,” she said, alluding to cases filed against the Malaysian government in foreign countries.
A shouting match ensued with other opposition MPs including Wan Ahmad Fayhsal Wan Ahmad Kamal (PN-Machang), Shahidan Kassim (PN-Arau), Radzi Jidin (PN-Putrajaya) standing up to question Azalina.
Dewan Rakyat deputy speaker Alice LauDewan Rakyat deputy speaker Alice Lau, who presided over the sitting, said as the MPs appear to be “disinterested” in listening to further explanations, the motion to table the Bill for a second reading should be put to a vote.
The Bill was subsequently passed for a second reading via voice vote.
At this point, Ronald Kiandee (PN-Beluran) raised a point of order for the Bill to be referred to a select committee for further discussions.
Lau, however, said the motion to table the Bill for a second reading has been passed, prompting Ronald to accuse her of “bulldozing the process” and denying him of his rights.
“You cannot deprive me of 54(1) and 54(2)… the speaker chose to ignore me like I don’t exist here.
“Yes, I know I’m small and may not be seen… but I have my rights and state on record that I have been deprived of my rights,” said Ronald to Dewan Rakyat deputy speaker Ramli Mohd Nor, who replaced Lau.
Ramli eventually advised Ronald to submit a formal motion to record his grievances, including one to review a decision made by a speaker.
Dewan Rakyat deputy speaker Ramli Mohd NorThe Bill was later debated at the committee stage and also passed the third and final reading via voice vote.
The new law was enacted to provide immunity for a foreign state and its property, the head of state and the head of government of a foreign state from the jurisdiction of a Malaysian court.
It also covered the circumstances for the waiver of immunity; the restrictions of immunity; the establishment of the Foreign State Immunity Council; the withdrawal of immunity where there is no reciprocal treatment and provides for other matters connected therewith. - Mkini

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