Kota Kinabalu: The Malaysian Government has taken proactive measures following the Sulu fiasco, including enacting relevant laws such as the Jurisdictional Immunities of Foreign States Bill 2023, to strengthen the sovereignty of its states.
Solicitor-General of Malaysia Datuk Almalena Sharmila Dato’ Dr Johan said the Jurisdictional Immunities of Foreign States Bill 2023 codifies the customary international law on state immunities, which offers general immunity protection to all sovereign States when there are any legal proceedings commenced against a foreign State in the Malaysian courts.
“This Bill, without a doubt, echoes Malaysia’s stance that the immunity of any sovereign nation should always be safeguarded and protected from being abused by any entity, and in turn preserves and promotes friendly relations with other states.
“Hence, it is hoped that reciprocal treatment will be accorded to Malaysia in the event Malaysia is brought to the courts of a foreign State in the future,” she said when representing Attorney-General of Malaysia Datuk Ahmad Terrirudin Mohd Salleh at the Opening of the Legal Year for Sabah and Sarawak 2024 at the Sabah International Convention Centre (SICC), here, Friday.
SPONSORED CONTENT RM20bil green steel project: Sabah on its way to adopting green technology, says Hajiji Kota Kinabalu: Chief Minister Datuk Seri Hajiji Noor said Sabah is well on its way to fully adopting the green technology revolution with a RM20 billion green steel project at the Sipitang Oil and Gas Industrial Park (Sogip). Read more She said the Opening of the Legal Year Sabah and Sarawak 2024 provides a fitting opportunity for the judicial personnel who are at the forefront of the administration of justice to look at how they can contribute to the cause of justice in 2024 and beyond, in line with the expectations of the Malaysia Madani Government.
She noted that Malaysia’s decisive victory at the Paris Court of Appeal, The Hague Court of Appeal and the Luxembourg Court against the claim made by eight individuals, pretending to be the so-called Sultan of Sulu, Jamalul Kiram II’s descendants as among the Attorney General Chamber’s (AGC) significant and remarkable accolades in 2023.
For starters, she said the claimants’ action was frivolous and a blatant abuse of the arbitral and international law process by holding the sovereignty of Malaysia at ransom for an exorbitant sum of money. Solicitor-General of Malaysia Datuk Almalena Sharmila Dato’ Dr Johan
“The victory of Malaysia at the Paris Court of Appeal, The Hague Court of Appeal and Luxembourg Court clearly portrayed that the claim was nothing but a sham arbitration to threaten Malaysia’s sovereignty.
“I am also pleased to announce that on Jan 8, 2024, the Spanish Arbitrator Gonzalo Stampa, who controversially ordered Malaysia to pay USD14.92 billion (RM69.88 billion) to the self-claimed heirs of the defunct Sulu Sultanate, was found guilty by the Madrid Criminal Court for contempt of court. He was sentenced to six months’ imprisonment and a ban from practising as an arbitrator for a year,” she said.
Another significant development last year was the Abolition of the Mandatory Death Penalty Act 2023 [Act 846], which came into force on July 4, 2023, and the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 [Act 847], which came into force on Sept 12, 2023.
“These landmark amendments also gave the Federal Court the revisionary jurisdiction to review the sentences of death and life imprisonment for natural life imposed on convicted persons,” she said.
Almalena said another seminal landmark in the year 2023 was the Government’s decision to repeal Section 309 of the Penal Code [Act 574], which decriminalised the attempted suicide offence.
Consequential to the repeal of section 309, she said further amendment was effectively made to the Mental Health Act 2001 [Act 615] to refer victims of attempted suicide for examination and treatment at psychiatric hospitals.
She said the AGC was also involved in various significant policy-making Committees, namely the Special Council on Implementation of Malaysia Agreement 1963 and its sub-committees, where the AGC is involved in various negotiations and consultations conducted between the Federal Government and the State Governments of Sabah and Sarawak, on claims to restore the status of Sabah and Sarawak as envisaged in the Malaysia Agreement 1963.
On another note, Almalena said the AGC planned to place a Deputy Public Prosecutor (DPP) in every district in Sabah and Sarawak.
“I am also pleased to mention here that a resident DPP has been placed in Keningau and for future plans to include placing resident DPPs in other districts in Sabah. The AGC has succeeded in securing its own State Prosecution Office buildings in Tawau and in Sri Aman, Sarawak.
“In addition, the AGC is planning to get new premises for the State Prosecution office in Lahad Datu and Sandakan. The AGC is also pleased to inform you that it has plans to place DPPs in every district of Sabah and Sarawak,” she said.
She was also pleased to note the hard work of Sabah and Sarawak, with a total number of 144 officers inclusive of 78 legal officers in AGC and 66 judicial officers.
They have succeeded in disposing of a total of 93 High Court cases, 205 appeals, 2,134 Sessions Court cases and 21,663 Magistrate’s Court cases in 2023.
“I would like to express my gratitude to all parties, the Bench, AGC and the Bar. This effort will be continued to ensure that justice is served expediently, without fear or favour,” she said.
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