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Jurisdictional Immunities of Foreign States Act 2024 Chapter I — General immunity from jurisdiction

s 5–s 6 · 2 sections

Foreign State immunity

s 5

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Subject to Chapters II and III of this Part and Part III,— (a) a foreign State in respect of itself on its official capacity and its property; (b) the head of State on his official capacity; and (c) the head of Government on his official capacity, shall enjoy immunity from the jurisdiction of the court and no proceedings shall be instituted against them by any party.

Proceedings against foreign State, head of State and head of Government

s 6

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(1) A proceedings before any court shall be deemed to have been instituted against a foreign State and its property, if that foreign State and its property— (a) is named as a party to that proceedings; or (b) is not named as a party to the proceedings but the proceedings in effect seeks to affect the property, rights, interests or activities of the foreign State. (2) A proceedings before any court shall be deemed to have been instituted against the head of State or the head of Government if the head of State or the head of Government is named as a party to that proceedings.

Back to Jurisdictional Immunities of Foreign States Act 2024 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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