Klinik Bantuan Guaman Sembang Borak Ke-3: Sidang Parlimen Sehari, Sekatan Jalan Raya Polis & Hak Kesihatan, 12 Mei 2020 (12 – 1pm)
Team ABA
May 11, 2020
Kenali hak-hak anda.
Kenali hak-hak anda.
Closing the gaps in our legal knowledge
Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.
A West Malaysian perspective of the Malaysia Agreement
Navigating the unknown
Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.
PKP, PKPD, PKPB…
MCO, EMCO, CMCO…
Benchmark Litigation Asia-Pacific commended the work of AmerBON, Advocates’ business and human rights team.
Untangling legal challenges during the MCO
Duduk diam-diam di rumah, berborak-borak dengan CALR.
Pro bono legal advice
The Star | Lead counsel Amer Hamzah Arshad said that the hearing of former Sabah CM Musa Aman’s application to strike out his 46 counts of corruption and money laundering has been postponed due to delays resulting from the Movement Control Order (MCO). Musa had filed the application on the grounds that the charges were baseless.
Free Malaysia Today | The Federal Court will hear next month an appeal by two then senior staff of former Selangor Menteri Besar Khalid Ibrahim on the order to return their ‘golden handshake’ payments amounting to RM1.2 million. Lawyer Edmund Bon, who is appearing for the applicants, submitted four legal questions, including on whether Menteri Besar Incorporated is a corporation sole or corporate aggregate.
We apologise for the inconvenience caused.
The Star | The Prisons Department has asked the judiciary to stop jailing violators of the movement control order to avoid overcrowding in prisons, which could lead to the spread of the coronavirus. Criminal lawyer Amer Hamzah Arshad urged the Court take into account the unprecedented situation of the pandemic when meting out sentences.
A call for court proceedings to be cancelled
Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.
BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.
BFM | As the Istana Negara confirmed that Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.
Kenali hak-hak anda.
Closing the gaps in our legal knowledge
Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.
A West Malaysian perspective of the Malaysia Agreement
Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.
PKP, PKPD, PKPB…
MCO, EMCO, CMCO…
Benchmark Litigation Asia-Pacific commended the work of AmerBON, Advocates’ business and human rights team.
Untangling legal challenges during the MCO
Duduk diam-diam di rumah, berborak-borak dengan CALR.
The Star | Lead counsel Amer Hamzah Arshad said that the hearing of former Sabah CM Musa Aman’s application to strike out his 46 counts of corruption and money laundering has been postponed due to delays resulting from the Movement Control Order (MCO). Musa had filed the application on the grounds that the charges were baseless.
Free Malaysia Today | The Federal Court will hear next month an appeal by two then senior staff of former Selangor Menteri Besar Khalid Ibrahim on the order to return their ‘golden handshake’ payments amounting to RM1.2 million. Lawyer Edmund Bon, who is appearing for the applicants, submitted four legal questions, including on whether Menteri Besar Incorporated is a corporation sole or corporate aggregate.
We apologise for the inconvenience caused.
The Star | The Prisons Department has asked the judiciary to stop jailing violators of the movement control order to avoid overcrowding in prisons, which could lead to the spread of the coronavirus. Criminal lawyer Amer Hamzah Arshad urged the Court take into account the unprecedented situation of the pandemic when meting out sentences.
A call for court proceedings to be cancelled
Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.
BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.
BFM | As the Istana Negara confirmed that Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.