KUALA LUMPUR: The Jurisdictional Immunities of Foreign States Bill 2023 was tabled for the second reading at the Dewan Rakyat, today.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said the bill aims to regulate the immunity conferred upon a foreign state and its property, the head of state and the head of government of a foreign state from the jurisdiction of the court of Malaysia.
However, the immunity granted would not be absolute and is subject to limitations.
"The government will not compromise on matters concerning the nation's sovereignty.
"As all honourable members (members of parliament) are aware, the Sulu claims case is unusual and unprecedented in our country, involving aspects of national sovereignty, hence the need for a special law.
"This bill was introduced for Malaysia to expressly accept the customary international law, where a country is protected from actions and proceedings in foreign countries," she said when tabling the bill for a second reading today.
The bill comprised 33 clauses. Clause 11, among others, aimed to ensure that a foreign state could be subject to the court's jurisdiction in legal proceedings related to rights, interests, or obligations concerning immovable property in Malaysia.
This included property from inheritance, gifts, unclaimed property, trust assets, a bankrupt's estate, or a company's assets during liquidation.
In Clause 12, the bill would provide that a foreign state could be subject to the court's jurisdiction in legal proceedings relating to their rights in intellectual or industrial properties.
According to the bill, this would include cases of alleged infringement by the foreign state on intellectual or industrial property rights belonging to a third party that had been protected, registered, or granted in Malaysia.
The bill was tabled for the first reading in Dewan Rakyat on Nov 29 last year.