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From ‘Dubai Move’ to ‘Chow Kit Move’: Experts say toppling bid highlights unpatched loopholes in anti-hopping law

Team ABA January 7, 2024

Malay Mail | Legal experts sounded alarm against recent attempts by PN to topple the Anwar administration through defections, highlighting how the anti-party hopping law has not addressed defections. Lawyer New Sin Yew likened loopholes in the law to a doughnut with a hole in the middle – as long as the MPs stay with their party and don’t resign, even if they are sacked from their parties, they will not lose their seats.

Why Court of Appeal upheld ‘Gay is OK!’ book ban in 2-1 decision

Team ABA January 4, 2024

Malay Mail | Here’s a quick summary what happened with the book ban and why, based on the Court of Appeal’s majority and minority judgments released last month, and the High Court’s decision, as well as other documents. Lawyers Edmund Bon and Micheal Cheah are representing the book author and publisher.

Labour: Waiting for the business and human rights action plan

Team ABA December 28, 2023

The Edge Malaysia | Edmund Bon stressed that mandatory due diligence for labour, governance, and the environment must be implemented. Human rights due diligence should be made in to law. He urged companies to work on initiatives to protect human rights without waiting for the National Action Plan on Business and Human Rights (NAPBHR).

Writer, publisher make final bid to challenge ‘Gay is OK’ book ban

Team ABA December 26, 2023

Free Malaysia Today | Lawyer Edmund Bon confirmed that an application with 11 legal and constitutional questions has been filed with the Federal Court to remove a book ban imposed by the government. Applicants must satisfy the court by framing novel legal and constitutional questions that are of public importance and raised for the first time, as required under section 96 of the Courts of Judicature Act.

Legal experts divided on royal control over MACC, Petronas

Team ABA December 20, 2023

Malaysiakini | The YDPA-in-waiting suggested for MACC and Petronas to report directly to the throne. Lawyer New Sin Yew opined that while the YDPA is entitled to information concerning the government as stipulated in Article 40(1) of the Federal Constitution, for government agencies to report directly to him is a different matter.

Death penalty against 6 men must be upheld in Morais’s murder, says prosecutor

Team ABA December 14, 2023

Free Malaysia Today | Lawyers appearing for the appellants argued for their clients to be acquitted as the ingredients of the charge were not proven beyond reasonable doubt. Amer Hamzah Arshad said his client could at best be convicted only for culpable homicide, abduction, and disposing of evidence. Justice Hadhariah Syed Ismail said the COA bench would deliver its ruling on March 14.

Kevin Morais murder trial: Defence implores the court to set aside personal sentiment

Team ABA December 14, 2023

The Edge Malaysia | The lawyers representing the three men who are appealing against their guilty conviction of murdering the late DPP Anthony Kevin Morais implored the judges of the case to set aside their friendship with Morais in deciding on the men’s appeal. Amer Hamzah Arshad, representing S. Nimalan, said the bench has to put aside its sentiment regarding the deceased, and follow the law.

Rosmah makes third bid for AG to drop money laundering, tax evasion cases

Team ABA December 13, 2023

Malaysiakini | Counsel Amer Hamzah Arshad submitted multiple grounds to strike out of the charges against Rosmah Mansor. The 12 money laundering charges involving RM7.09mil are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act. The five tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to declare her income for five years.

Rosmah Mansor’s AMLA trial: Prosecution failed to disclose offence, say counsel

Team ABA December 13, 2023

New Malaysia Herald | Defence counsel Amer Hamzah Arshad presented legal issues pertaining to the AMLA charges and reasons why they should be struck out and Rosmah Mansor should be acquitted. Amer said the MACC had acted ultra vires and the defects in the charges are incurable while the first to 12th charges failed to state the predicate offence.

Unfair to try Rosmah on defective charges, says lawyer

Team ABA December 13, 2023

Free Malaysia Today | Rosmah Mansor, wife of former PM Najib Razak, is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the IRB. In an application to strike out the charges, lawyer Amer Hamzah Arshad said there were missing links and 12 of the charges did not involve a “transaction” as defined by law.

Nicotine delisting violates constitutional right to health: Lawyer

Team ABA December 8, 2023

CodeBlue | The deregulation of liquid nicotine contravenes the right to health which falls fall under the right to life. Citing international conventions ratified by Malaysia, Edmund Bon submitted in court, “I’m inviting, my Lord, to extend the definition of Article 5 [of the Federal Constitution] for the first time to include the right to health as a right that is logically an integral part of life itself.”

Kevin Morais murder: Duo involved in kidnapping, hiding evidence at best, say lawyers

Team ABA December 7, 2023

The Edge Malaysia | Amer Hamzah Arshad argued that the conviction of his client for murder by the High Court was unsafe as his client’s role in the case was only to show where the barrel containing DPP Kevin Morais’ body was disposed of. Amer added that his client can at best be faced with section 365 (for kidnapping) or 201 (hiding of evidence) under the Penal Code.

No common intention to murder DPP Morais, Court of Appeal told

Team ABA December 7, 2023

Free Malaysia Today | The prosecution failed to establish a common intention among six accused persons to murder DPP Kevin Morais eight years ago despite turning a seventh accused into a material witness, submitted defence lawyers. Amer Hamzah Arshad acted for S. Nimalan, one of the six accused persons.

Kevin Morais murder: No evidence to show accused had suffocated victim, says lawyer

Team ABA December 7, 2023

New Straits Times | Counsel Amer Hamzah Arshad, who appeared for S. Nimalan, questioned, “If there is no identifiable action, let alone any evidence of the appellant’s actions, how can it be said that the asphyxiation suffered by the deceased was intentional or unintentional?” No other evidence indicated that the appellant intended to incapacitate or suffocate the deceased.

‘Selling vapes, e-cigs to minors now illegal after smoking control bill passed’

Team ABA December 6, 2023

Scoop | The high court here today was told that with the passing of the smoking control bill last week, vendors cannot sell smoking products to minors. Three NGOs, represented by counsel Edmund Bon, have filed a judicial review application to quash part of the Poisons (Amendment of Poison List) Order made by the Health Ministry and to seek a declaration that the impugned order is void.

Illegal to sell nicotine products to minors after anti-smoking bill passed – SFC

Team ABA December 6, 2023

The Sun | Three NGOs filed a judicial review application to quash the order made by the Health Minister to remove nicotine from the list of controlled substances. Counsel Edmund Bon submitted that the newly passed bill controlling smoking products has yet to be ratified into law by the Dewan Negara. There is as yet no law against the sale of liquid nicotine products to children.

From ‘Dubai Move’ to ‘Chow Kit Move’: Experts say toppling bid highlights unpatched loopholes in anti-hopping law

January 7, 2024

Malay Mail | Legal experts sounded alarm against recent attempts by PN to topple the Anwar administration through defections, highlighting how the anti-party hopping law has not addressed defections. Lawyer New Sin Yew likened loopholes in the law to a doughnut with a hole in the middle – as long as the MPs stay with their party and don’t resign, even if they are sacked from their parties, they will not lose their seats.

Why Court of Appeal upheld ‘Gay is OK!’ book ban in 2-1 decision

January 4, 2024

Malay Mail | Here’s a quick summary what happened with the book ban and why, based on the Court of Appeal’s majority and minority judgments released last month, and the High Court’s decision, as well as other documents. Lawyers Edmund Bon and Micheal Cheah are representing the book author and publisher.

Labour: Waiting for the business and human rights action plan

December 28, 2023

The Edge Malaysia | Edmund Bon stressed that mandatory due diligence for labour, governance, and the environment must be implemented. Human rights due diligence should be made in to law. He urged companies to work on initiatives to protect human rights without waiting for the National Action Plan on Business and Human Rights (NAPBHR).

Writer, publisher make final bid to challenge ‘Gay is OK’ book ban

December 26, 2023

Free Malaysia Today | Lawyer Edmund Bon confirmed that an application with 11 legal and constitutional questions has been filed with the Federal Court to remove a book ban imposed by the government. Applicants must satisfy the court by framing novel legal and constitutional questions that are of public importance and raised for the first time, as required under section 96 of the Courts of Judicature Act.

Legal experts divided on royal control over MACC, Petronas

December 20, 2023

Malaysiakini | The YDPA-in-waiting suggested for MACC and Petronas to report directly to the throne. Lawyer New Sin Yew opined that while the YDPA is entitled to information concerning the government as stipulated in Article 40(1) of the Federal Constitution, for government agencies to report directly to him is a different matter.

Death penalty against 6 men must be upheld in Morais’s murder, says prosecutor

December 14, 2023

Free Malaysia Today | Lawyers appearing for the appellants argued for their clients to be acquitted as the ingredients of the charge were not proven beyond reasonable doubt. Amer Hamzah Arshad said his client could at best be convicted only for culpable homicide, abduction, and disposing of evidence. Justice Hadhariah Syed Ismail said the COA bench would deliver its ruling on March 14.

Kevin Morais murder trial: Defence implores the court to set aside personal sentiment

December 14, 2023

The Edge Malaysia | The lawyers representing the three men who are appealing against their guilty conviction of murdering the late DPP Anthony Kevin Morais implored the judges of the case to set aside their friendship with Morais in deciding on the men’s appeal. Amer Hamzah Arshad, representing S. Nimalan, said the bench has to put aside its sentiment regarding the deceased, and follow the law.

Rosmah makes third bid for AG to drop money laundering, tax evasion cases

December 13, 2023

Malaysiakini | Counsel Amer Hamzah Arshad submitted multiple grounds to strike out of the charges against Rosmah Mansor. The 12 money laundering charges involving RM7.09mil are framed under section 4(1)(a) of the Anti-Money Laundering and Counter-Terrorism Financing Act. The five tax evasion charges under section 77(1) of the Income Tax Act 1967 claim that Rosmah failed to declare her income for five years.

Rosmah Mansor’s AMLA trial: Prosecution failed to disclose offence, say counsel

December 13, 2023

New Malaysia Herald | Defence counsel Amer Hamzah Arshad presented legal issues pertaining to the AMLA charges and reasons why they should be struck out and Rosmah Mansor should be acquitted. Amer said the MACC had acted ultra vires and the defects in the charges are incurable while the first to 12th charges failed to state the predicate offence.

Unfair to try Rosmah on defective charges, says lawyer

December 13, 2023

Free Malaysia Today | Rosmah Mansor, wife of former PM Najib Razak, is standing trial on 12 money laundering charges involving RM7.09 million and five charges of failing to declare her income to the IRB. In an application to strike out the charges, lawyer Amer Hamzah Arshad said there were missing links and 12 of the charges did not involve a “transaction” as defined by law.

Nicotine delisting violates constitutional right to health: Lawyer

December 8, 2023

CodeBlue | The deregulation of liquid nicotine contravenes the right to health which falls fall under the right to life. Citing international conventions ratified by Malaysia, Edmund Bon submitted in court, “I’m inviting, my Lord, to extend the definition of Article 5 [of the Federal Constitution] for the first time to include the right to health as a right that is logically an integral part of life itself.”

Kevin Morais murder: Duo involved in kidnapping, hiding evidence at best, say lawyers

December 7, 2023

The Edge Malaysia | Amer Hamzah Arshad argued that the conviction of his client for murder by the High Court was unsafe as his client’s role in the case was only to show where the barrel containing DPP Kevin Morais’ body was disposed of. Amer added that his client can at best be faced with section 365 (for kidnapping) or 201 (hiding of evidence) under the Penal Code.

No common intention to murder DPP Morais, Court of Appeal told

December 7, 2023

Free Malaysia Today | The prosecution failed to establish a common intention among six accused persons to murder DPP Kevin Morais eight years ago despite turning a seventh accused into a material witness, submitted defence lawyers. Amer Hamzah Arshad acted for S. Nimalan, one of the six accused persons.

Kevin Morais murder: No evidence to show accused had suffocated victim, says lawyer

December 7, 2023

New Straits Times | Counsel Amer Hamzah Arshad, who appeared for S. Nimalan, questioned, “If there is no identifiable action, let alone any evidence of the appellant’s actions, how can it be said that the asphyxiation suffered by the deceased was intentional or unintentional?” No other evidence indicated that the appellant intended to incapacitate or suffocate the deceased.

‘Selling vapes, e-cigs to minors now illegal after smoking control bill passed’

December 6, 2023

Scoop | The high court here today was told that with the passing of the smoking control bill last week, vendors cannot sell smoking products to minors. Three NGOs, represented by counsel Edmund Bon, have filed a judicial review application to quash part of the Poisons (Amendment of Poison List) Order made by the Health Ministry and to seek a declaration that the impugned order is void.

Illegal to sell nicotine products to minors after anti-smoking bill passed – SFC

December 6, 2023

The Sun | Three NGOs filed a judicial review application to quash the order made by the Health Minister to remove nicotine from the list of controlled substances. Counsel Edmund Bon submitted that the newly passed bill controlling smoking products has yet to be ratified into law by the Dewan Negara. There is as yet no law against the sale of liquid nicotine products to children.