KUALA LUMPUR: The Dewan Rakyat today passed the Jurisdictional Immunities of Foreign States Bill 2023 after receiving members' majority support through a voice vote.
The voice vote was called by Dewan Rakyat deputy speaker Datuk Ramli Mohd Nor after Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled a third reading.
Earlier, during Azalina's winding-up speech, several opposition members of parliament (MPs) continued to voice their dissatisfaction with certain provisions, particularly Clauses, 32, and 33 of the bill, which were seen as granting excessive power to the prime minister.
Among those who stood up to voice their dissatisfaction was Datuk Seri Takiyuddin Hassan (PN-Kota Baru).
He said Clauses 32 and 33 granted authority to the prime minister.
"It (the two clauses) clearly states that the power to exempt and make regulations is given to the prime minister, full-stop. Not to the prime minister in a foreign state immunity council.
"Hence, I feel that it is different from the laws of other countries that were established before us," he said.
Takiyuddin then cited the United Kingdom's State Immunity Act 1978, Australia's Foreign States Immunities Act 1985 and Singapore's State Immunity Act 1979, where power was vested to the monarch or the head of state or president.
"My question is; the Clause 32 and 33, if not absolute power, very wide power is given to the prime minister.
"In other countries, such power is vested to Her Majesty, the governor-general, the state president or head of state.
"As such, for our law, why is such power is vested to the prime minister and not the Yang di-Pertuan Agong?
"It should be the head of the state that has such power."
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 the act.
Other than Takiyuddin, Datuk Seri Hamzah Zainuddin (PN-Larut) and Datuk Dr Radzi Jidin (PN-Putrajaya) were among the MPs that called on the government to review specific provisions in the bill, particularly those related to the role and powers of the prime minister.
They said there should be checks and balances on the power granted.
Yesterday, 11 MPs took part in the debate after it was tabled for the second reading by Azalina.
During the tabling, Hassan Karim (PH-Pasir Gudang) called for the postponement of the bill and it should be referred to the parliamentary special select committee on national security and sovereignty.
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.
The bill was tabled for the first reading in Dewan Rakyat on Nov 29 last year.