The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.
Free Malaysia Today | New Sin Yew said the court held that if Quah’s trial were to proceed, it would be an abuse of process and “that would diminish or render the accused’s (Quah) constitutional right to be ineffective or illusory”.
Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.
Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.
BFM | Beatrice Chin spoke to BFM about the legal process ahead in the “basikal lajak” case where a driver was convicted for causing the death of cyclists despite being previously acquitted on two occasions.
BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.
Free Malaysia Today | Former Parliament Deputy Speaker Azalina Othman Said called for the amendment of Article 48 which allows for the disqualification of MPs in the Federal Constitution. Lawyer New Sin Yew concurred, noting that the proposed amendment to restrict the freedom of association could give the government full control over other political parties.
Free Malaysia Today | Lawyer New Sin Yew said amending Article 10 of the Federal Constitution concerning freedom of association without amending Article 48 would render the future anti-hopping law unconstitutional. PKR’s Nurul Izzah Anwar also called for the clause to be revised as it gives the federal government the power to strip MPs of seats.
Free Malaysia Today | Subang MP Wong Chen said the bill to amend the Federal Constitution, to provide the Parliament the power to enact an anti-hopping law, contained a provision that was “too wide”. Lawyer New Sin Yew described the proposed amendments as being “very dangerous”, claiming that it would allow the government “to abuse its power to control other political parties”.
Malaysiakini | The KL Bar Committee will push for a standard professional examination for all law degree holders before they commence their chambering in Malaysia. Joshua Tay pointed out that problems arise when there is no common benchmark for graduates entering the legal profession as different institutions use different assessment criteria.
Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.
The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.
Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.
BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.
Malaysiakini | The planned anti-hopping law would automatically trigger a by-election if an MP switches their party allegiance. New Sin Yew proposed recall elections instead, noting several problems with the proposed bill. For example, there would be no recourse for voters if an entire party changes sides, and elected representatives would be beholden to political parties rather than to voters.
Sosialis | Mahkamah Tinggi Kuala Lumpur menolak bantahan awal oleh syarikat Perwakilan Cekap Sdn Bhd yang cuba menafikan dua orang pemandu lori adalah pekerjanya. Kes ini dirujuk balik ke Mahkamah Buruh untuk perbicaraan penuh. Dua orang pemandu lori diwakili peguam New Sin Yew dan Beatrice Chin.
The Vibes | A PAS senator called for the post of the PM to be limited to Muslims. Constitutional lawyer New Sin Yew countered that even if the Federal Constitution was amended to allow for this, it is still racist and discriminatory. Former law professor Datuk Gurdial Singh warned this would undermine the basis of democracy and the concept of majority rule in Malaysia.
Malaysiakini | Syed Saddiq Syed Abdul Rahman said Habibul Rahman Kadir’s legal action against him was mala fide and driven by a hidden motive, as the civil action was only filed in end 2021 when the defamatory statement allegedly occurred in 2017. Syed Saddiq is represented by counsel from law firm AmerBON, Advocates.
The Star | The government was defeated in a motion in Parliament to amend the SOSMA. Constitutional lawyer New Sin Yew said existing police powers are wide enough to address terrorism and that SOSMA was not necessary as it is disproportionate and draconian.
Malaysiakini | Former Tabung Haji Chairperson Abdul Azeez Abdul Rahim is appealing against the March 12 decision of the High Court in KL dismissing his bid to strike off three corruption charges and 10 money laundering charges against him. His counsel, Amer Hamzah Arshad, said they received an email from the Appeals Court on March 9 informing them about the decision date.
The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.
Free Malaysia Today | New Sin Yew said the court held that if Quah’s trial were to proceed, it would be an abuse of process and “that would diminish or render the accused’s (Quah) constitutional right to be ineffective or illusory”.
Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.
Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.
BFM | Beatrice Chin spoke to BFM about the legal process ahead in the “basikal lajak” case where a driver was convicted for causing the death of cyclists despite being previously acquitted on two occasions.
BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.
Free Malaysia Today | Former Parliament Deputy Speaker Azalina Othman Said called for the amendment of Article 48 which allows for the disqualification of MPs in the Federal Constitution. Lawyer New Sin Yew concurred, noting that the proposed amendment to restrict the freedom of association could give the government full control over other political parties.
Free Malaysia Today | Lawyer New Sin Yew said amending Article 10 of the Federal Constitution concerning freedom of association without amending Article 48 would render the future anti-hopping law unconstitutional. PKR’s Nurul Izzah Anwar also called for the clause to be revised as it gives the federal government the power to strip MPs of seats.
Free Malaysia Today | Subang MP Wong Chen said the bill to amend the Federal Constitution, to provide the Parliament the power to enact an anti-hopping law, contained a provision that was “too wide”. Lawyer New Sin Yew described the proposed amendments as being “very dangerous”, claiming that it would allow the government “to abuse its power to control other political parties”.
Malaysiakini | The KL Bar Committee will push for a standard professional examination for all law degree holders before they commence their chambering in Malaysia. Joshua Tay pointed out that problems arise when there is no common benchmark for graduates entering the legal profession as different institutions use different assessment criteria.
Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.
The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.
Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.
BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.
Malaysiakini | The planned anti-hopping law would automatically trigger a by-election if an MP switches their party allegiance. New Sin Yew proposed recall elections instead, noting several problems with the proposed bill. For example, there would be no recourse for voters if an entire party changes sides, and elected representatives would be beholden to political parties rather than to voters.
Sosialis | Mahkamah Tinggi Kuala Lumpur menolak bantahan awal oleh syarikat Perwakilan Cekap Sdn Bhd yang cuba menafikan dua orang pemandu lori adalah pekerjanya. Kes ini dirujuk balik ke Mahkamah Buruh untuk perbicaraan penuh. Dua orang pemandu lori diwakili peguam New Sin Yew dan Beatrice Chin.
The Vibes | A PAS senator called for the post of the PM to be limited to Muslims. Constitutional lawyer New Sin Yew countered that even if the Federal Constitution was amended to allow for this, it is still racist and discriminatory. Former law professor Datuk Gurdial Singh warned this would undermine the basis of democracy and the concept of majority rule in Malaysia.
Malaysiakini | Syed Saddiq Syed Abdul Rahman said Habibul Rahman Kadir’s legal action against him was mala fide and driven by a hidden motive, as the civil action was only filed in end 2021 when the defamatory statement allegedly occurred in 2017. Syed Saddiq is represented by counsel from law firm AmerBON, Advocates.
The Star | The government was defeated in a motion in Parliament to amend the SOSMA. Constitutional lawyer New Sin Yew said existing police powers are wide enough to address terrorism and that SOSMA was not necessary as it is disproportionate and draconian.
Malaysiakini | Former Tabung Haji Chairperson Abdul Azeez Abdul Rahim is appealing against the March 12 decision of the High Court in KL dismissing his bid to strike off three corruption charges and 10 money laundering charges against him. His counsel, Amer Hamzah Arshad, said they received an email from the Appeals Court on March 9 informing them about the decision date.
