KUALA LUMPUR: The Dewan Negara has passed the Jurisdictional Immunities of Foreign States Bill, which will act as a "shield" to protect Malaysia's immunity locally and abroad.
The bill received the senate's majority support through a voice vote, which was called by Dewan Negara President Datuk Mutang Tagal.
A total of 15 senators took part in the debate after it was tabled for second reading by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
In her winding-up speech, Azalina reiterated that the country's sovereignty was governed by the National Security Council Act, which was amended in 2020.
"But this bill is talking about immunity, whereby, foreign countries have immunity in our courts, so we want the same thing in their country."
She cited a High Court decision today that allowed a judicial review application brought by the United States government, which quashed an Industrial Court award made in favour of a former US embassy security guard over his sacking 15 years ago.
She said the US government and its embassy were protected by immunity.
"In the Sulu 'heirs' case, we were sued in Spain, Luxembourg, France and the Netherlands.
"If you ask me why I am angry, of course I am. They threaten our sovereignty, they want to blackmail our country to pay them through the wrong platforms.
"They want to sue us, sue us in Malaysia… but they sued us in their country, their language, their judge and their lawyers.
"In Malaysia, we respect the diplomatic premise of the US government, no problem… but when Malaysia is sued for US$15 billion, we have no immunity? "There must be something wrong somewhere," she said.
Azalina added that if Malaysia did not fight the case, all countries that had colonised nations in Asia would take advantage, and may do the same.
"We cannot stop anyone from suing us, and we have no problem if they want to sue us in our own country because then we can defend ourselves head-on."
She assured that the government would continue to defend the country as long as the Madani government and Prime Minister Datuk Seri Anwar Ibrahim were in power.
"Lawan tetap lawan, what is there to be scared of? Allah is with us as long as we are in the right," added Azalina.
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 the Dewan Rakyat on Nov 29 last year.
