Malaysia Case Law: Decisions & Judgments

Topic

Waiver of immunity

Legal area

Court

6 May 2024

DONISYAH PUTRA BIN AMRY 1. ) MOHAMMED W.A. ABUALI 2. ) EMBASSY OF THE STATE OF PALESTINE

Citation

WA-12ANCvC-175-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-175-11/2023 (Mahkamah Tinggi)

D1, as the Ambassador's son and bearer of a diplomatic identification, falls within Article 37 and Articles 29–36 as incorporated by Act 636/Act 595; no express waiver existed; the Ministry's diplomatic identification document satisfies section 5 as conclusive evidence; the Embassy is cloaked with immunity; third party insurance provides an alternative remedy; accordingly the court lacks jurisdiction and the appeal is dismissed with costs.
31 Dec 2019

SUNDRA RAJOO A/L NADARAJAH NO.KP: 560103-04-5451 1. ) MENTERI HAL EHWAL LUAR NEGERI, MALAYSIA 2. ) PEGUAM NEGARA MALAYSIA 3. ) SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA 4. ) KERAJAAN MALAYSIA

Citation

WA-25-108-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-108-03/2019 (Mahkamah Tinggi)

The court held that the applicant, as a former High Officer of AIAC, is conferred immunity from suit and from other legal process in respect of acts done in his capacity pursuant to Part II of the Second Schedule to Act 485 and the Host Country Agreement; 'other legal process' includes criminal process; AALCO (the international organisation) declined to waive immunity; the Attorney General's prosecutorial discretion is subject to legal limits and is amenable to judicial review where it conflicts with statutory immunities; accordingly the criminal proceedings taken against the applicant were u…

Malaysia Case Law

DONISYAH PUTRA BIN AMRY 1. ) MOHAMMED W.A. ABUALI 2. ) EMBASSY OF THE STATE OF PALESTINE

SUNDRA RAJOO A/L NADARAJAH NO.KP: 560103-04-5451 1. ) MENTERI HAL EHWAL LUAR NEGERI, MALAYSIA 2. ) PEGUAM NEGARA MALAYSIA 3. ) SURUHANJAYA PENCEGAHAN RASUAH MALAYSIA 4. ) KERAJAAN MALAYSIA