AS the Jurisdictional Immunity for Foreign States Act is brought up, it is essential that Prime Minister Datuk Seri Anwar Ibrahim exercises the powers granted by this law with fairness and accountability, said an MCA leader.
Citing the recent case of the Palestinian ambassador’s son who was involved in a road accident in Malaysia in June 2024, the party’s international affairs and party diplomacy bureau chairperson Datuk Nicole Wong Siaw Ting stressed that diplomatic immunity should not be used as a means to evade responsibility.
“Clauses 30, 32, and 33 of the Act grant the prime minister significant powers. He can revoke immunity if agreements are not met, exclude specific foreign states from the Act’s rules, and even set new regulations,” Wong stated.
“Although the Act is in line with international standards like the Vienna Conventions, it’s essential that these powers are exercised fairly and do not benefit more powerful or influential nations.
“Anwar must ensure that these powers are not used to overlook or excuse any wrongdoings in the country.”
On June 11, the High Court affirmed a ruling that the son of the Palestinian ambassador cannot be sued as he enjoys diplomatic immunity.
Judicial commissioner Dr Suzana Muhamad Said made the ruling after affirming the lower court’s judgment in dismissing Donisyah Putra Amry’s suit against Mohammed W.A. Abuali and the Palestinian embassy.
Donisyah filed the suit for general and special damages after sustaining injuries in a vehicle collision with Mohammed, who was driving a car bearing a diplomatic registration plate.
Mohammed was issued with a traffic summons and paid the RM300 fine.
Wong went on to cite Pacific Research Centre of Malaysia principal adviser Dr Oh Ei Sun, who previously said that the Jurisdictional Immunity for Foreign States Act grants the prime minister significant discretion over the immunity of foreign states.
“Under the current law, Anwar has the authority to extend or revoke immunity without necessarily following the advice of the Foreign State Immunity Council, which includes key ministers from various departments,” she noted.
“While this flexibility is useful for managing political and diplomatic situations, it also raises concerns on whether foreign countries may influence these controlled decisions.”
Wong said at the heart of this issue is the need to ensure that the privileges granted to foreign diplomats are not misused to avoid justice.
“Immunity should not only apply to minor offences like misdemeanours or theft but also to serious felonies such as rape and murder,” she added.
“The prime minister’s role is crucial in making sure that no country, regardless of its wealth or influence, receives special treatment.” – Sept 11, 2024
