JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] These appeals concern the concepts of sovereign or state immunity and extraterritoriality under international law. The issues which emerge for consideration by this Court essentially relate to:

(i) whether an impugned act by the Minister of a foreign state amounts to a public act attracting state immunity; and

(ii) whether state immunity may be relied upon as a defence when there is a dispute as to the extraterritorial nature of a foreign statute.

The Salient Facts

[2] The Appellant in Civil Appeal No: 01(i)-17-05/2023(W) is the Government of Malaysia. The Appellant in Civil Appeal No: 01(i)-16-05/2023(W) is the Attorney General of Malaysia.

[3] The Respondent for both appeals are Lawyers for Liberty, a Malaysian non-Governmental organization ('NGO').

[4] The facts giving rise to these appeals are as follows: