JUDGMENT

Hanipah Farikullah JCA:

Introduction

[1] The appellants appealed against the decision of the learned High Court Judge dated 31 December 2019 allowing an application by the respondent for judicial review. This case raises important questions in relation to the respondents immunity from criminal proceedings and the power of the Attorney General (the 2nd appellant), acting under art 145(3) of the Federal Constitution to charge a person in respect of which he claimed immunity from criminal proceedings.

[2] In this present case, the respondent contended that he can assert immunity so as to prevent the 2nd appellant from charging him. The respondent claimed immunity by reason of his position as a former Director of Asian International Arbitration Centre (Malaysia) ("AIAC"), which was previously known as the Kuala Lumpur Regional Centre for Arbitration ("KLRCA").

The Facts

[3] From 1 March 2010 to 20 November 2018, until his resignation on 21 November 2018, the respondent was the Director of AIAC.

[4] AIAC was first established in the late 1970s. Its continued existence is pursuant to a series of international agreements between an international body called the Asian African Legal Con