PUTRAJAYA: Malaysia intent to summon the Sulu claimants to appear before the court which granted the authorisation order to obtain the cancellation of the registration of the mortgage.
The statutory mortgage is not an enforcement measure per se, said the Special Secretariat on the Sulu claims in a statement today.
The Special Secretariat also clarified that the March 6 2023’s incident at the Embassy of Malaysia in France was not an attempt to seize the properties.
“On the morning of 6 March 2023, individuals presenting themselves as bailiffs approached the Embassy of Malaysia located at 4 rue Bénouville and the front of the staff residence at 48 and 50 rue de la Faisanderie.
“They requested access into the respective premises to survey the premises, on the reason to obtain a description of the properties.
“The diplomatic staff at the respective premises told the bailiffs this is not possible and turned them away. The bailiffs left shortly after. This was not an attempt to seize the properties.
“Preliminary legal advice rendered to Malaysia suggests that the bailiffs were instructed by the Sulu Claimants to obtain a description of the respective premises, on the basis of the statutory mortgage registered on the premises in 3 November 2022, on an authorisation order granted on an ex parte basis from the Paris Court of First Instance.
“This is based on the purported Partial Award dated 25 May 2020 and the subsequent Exequatur Order dated 29 September 2021 which are being challenged by the Government of Malaysia in various proceedings in France and other jurisdictions,” said the Special Secretariat.
It said Malaysia maintains that the premises of any diplomatic mission shall be inviolable and shall be immune from any search, requisition, attachment or requisition under the Vienna Convention on Diplomatic Relations.
“Malaysia maintains that it does not recognize the purported commercial arbitration instituted by the Sulu Claimants and will continue to vigorously defend its sovereignty through the appropriate legal forums,” said the Special Secretariat in light of the recent media headlines referring to the purported seizure, or attempted seizure of the Embassy of Malaysia in France.
