Why the need for a State Immunity ActThe legislation is long overdue in Malaysia. Similar legislation has been enacted for 46, 45 and 39 years in the UK, Singapore and Australia respectively.
The table below shows the provisions in the Jurisdictional Immunities of Foreign States Bill 2023, which has been passed by the Dewan Rakyat today, are comparable to the provisions in the Singapore and Australia legislation.Concerns were reportedly raised over clauses related to the role and power of the prime minister outlined in the Bill.
“In other countries, such power is given to Her Majesty, the Governor-General, the President, or head of state,” he added. As a lawyer, Takiyuddin must be acutely aware, however, that all three Heads of State – His Majesty, the Governor-General and the President – act on advice of the Cabinet – effectively the prime minister.
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