Reference applications on Emergency to be heard on Dec 1

Free Malaysia Today | The Malaysian Bar and a coalition of NGOs had submitted applications for the Federal Court to rule on issues related to the Emergency Proclamation and Ordinances. Appearing for the NGOs, lawyer New Sin Yew said the judge had directed parties to file their written submissions a month from today.

What are Muhyiddin’s powers as caretaker PM? Lawyers explain

Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.

The PM’s resignation — What the Federal Constitution says

BFM | “Whoever becomes PM, unless he has a convincing majority, we are going to see a repeat of what has been happening for the past year or two. It will be a situation of uncertainty where the government can be forgoed anytime.” New Sin Yew spoke to BFM about the Federal Constitution and the appointment of the PM.

What’s next after Muhyiddin’s resignation as Malaysian Prime Minister?

CNA | Malaysia’s PM announced his resignation on Monday, Aug 16. New Sin Yew, a committee member on the Malaysian Bar Council, said the appointment of a caretaker PM is more of a political rather than a legal move. Muhyiddin Yassin is still the PM, but there is an understanding that he will resign once a new PM is found.

Status quo remains, Muhyiddin still PM even if majority support lost, claims lawyer

The Star | Edmund Bon observed that the PM need not resign now, unless he sought to dissolve Parliament for elections and the King disagreed, or if an MP stepped forward claiming majority and the King agreed. A new PM with majority support can be appointed regardless of whether the incumbent PM has resigned, according to the Federal Court decision in 2010 related to the Perak constitutional crisis.

Lawyers: Remaining in office without majority not an option for PM

Malaysiakini | PM Muhyiddin Yassin cannot remain in office after conceding the loss of majority support. According to New Sin Yew, Article 43(4) of the Federal Constitution does not attach any condition to a resigning PM, for example, that he has to wait for another candidate that commands majority support. The proper thing to do would be to resign and let the process of appointing the new PM take place.

Parliamentary reform is the permanent solution

BFM | The special parliamentary sitting was postponed for two weeks from July 29. New Sin Yew said the opposition cannot compel Parliament to sit because the Standing Orders do not allow for it. What transpired last week showed how subservient Parliament is to the government of the day and highlighted how weak the Parliament is as an institution that supposedly represents the rakyat’s views.

The brewing constitutional crisis explained

Malaysiakini | After days of tussling between the PM and the YDPA over the revocation of the Emergency Ordinances, lawyer New Sin Yew argued that Parliament should vote on them. If Parliament voted to annul the Ordinances, then they cease to have effect immediately, without having to wait six months for them to lapse.

Aker’s lawyer makes preliminary objection to cheating charge

The Edge Markets | Aker Engineering Malaysia’s manager was charged with making false representations under section 417 of the Penal Code. Amer Hamzah Arshad, appearing with S. Devanandan, made a preliminary objection regarding the validity of the charge. He also complained of not getting the trial documents from the prosecution as required under section 51A of the Criminal Procedure Code.

Mahkamah dengar hujah akhir kes bunuh Zulfarhan pada 29, 30 September

Astro Awani | Mahkamah Tinggi menetapkan akhir September untuk mendengar hujah di akhir kes pembelaan 18 penuntut UPNM yang didakwa membunuh, bersubahat membunuh dan mencederakan seorang Pegawai Kadet Laut UPNM. Peguam Amer Hamzah Arshad mewakili tertuduh pertama dan kedua dan memaklumkan pihaknya telah memfailkan hujahan bertulis setebal 85 muka surat pada 15 Jun.

Heidy Quah charged with making offensive Facebook post

New Straits Times | The charge sheet stated that Refuge for the Refugees founder Heidy Quah had made an offensive posting with intent to insult. Counsel New Sin Yew pleaded for a lower bail, citing Heidy’s years of award-winning humanitarian work.

Refugee activist Heidy Quah charged in KL with internet misuse

Malay Mail | Refuge for the Refugees founder Heidy Quah was charged under section 233(1)(a) of the Communications and Multimedia Act 1998 for a Facebook post on alleged mistreatment of refugees at the Immigration detention centre. She was represented by lawyer New Sin Yew.

Reference applications on Emergency to be heard on Dec 1

Free Malaysia Today | The Malaysian Bar and a coalition of NGOs had submitted applications for the Federal Court to rule on issues related to the Emergency Proclamation and Ordinances. Appearing for the NGOs, lawyer New Sin Yew said the judge had directed parties to file their written submissions a month from today.

What are Muhyiddin’s powers as caretaker PM? Lawyers explain

Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.

The PM’s resignation — What the Federal Constitution says

BFM | “Whoever becomes PM, unless he has a convincing majority, we are going to see a repeat of what has been happening for the past year or two. It will be a situation of uncertainty where the government can be forgoed anytime.” New Sin Yew spoke to BFM about the Federal Constitution and the appointment of the PM.

What’s next after Muhyiddin’s resignation as Malaysian Prime Minister?

CNA | Malaysia’s PM announced his resignation on Monday, Aug 16. New Sin Yew, a committee member on the Malaysian Bar Council, said the appointment of a caretaker PM is more of a political rather than a legal move. Muhyiddin Yassin is still the PM, but there is an understanding that he will resign once a new PM is found.

Status quo remains, Muhyiddin still PM even if majority support lost, claims lawyer

The Star | Edmund Bon observed that the PM need not resign now, unless he sought to dissolve Parliament for elections and the King disagreed, or if an MP stepped forward claiming majority and the King agreed. A new PM with majority support can be appointed regardless of whether the incumbent PM has resigned, according to the Federal Court decision in 2010 related to the Perak constitutional crisis.

Lawyers: Remaining in office without majority not an option for PM

Malaysiakini | PM Muhyiddin Yassin cannot remain in office after conceding the loss of majority support. According to New Sin Yew, Article 43(4) of the Federal Constitution does not attach any condition to a resigning PM, for example, that he has to wait for another candidate that commands majority support. The proper thing to do would be to resign and let the process of appointing the new PM take place.

Parliamentary reform is the permanent solution

BFM | The special parliamentary sitting was postponed for two weeks from July 29. New Sin Yew said the opposition cannot compel Parliament to sit because the Standing Orders do not allow for it. What transpired last week showed how subservient Parliament is to the government of the day and highlighted how weak the Parliament is as an institution that supposedly represents the rakyat’s views.

The brewing constitutional crisis explained

Malaysiakini | After days of tussling between the PM and the YDPA over the revocation of the Emergency Ordinances, lawyer New Sin Yew argued that Parliament should vote on them. If Parliament voted to annul the Ordinances, then they cease to have effect immediately, without having to wait six months for them to lapse.

Aker’s lawyer makes preliminary objection to cheating charge

The Edge Markets | Aker Engineering Malaysia’s manager was charged with making false representations under section 417 of the Penal Code. Amer Hamzah Arshad, appearing with S. Devanandan, made a preliminary objection regarding the validity of the charge. He also complained of not getting the trial documents from the prosecution as required under section 51A of the Criminal Procedure Code.

Mahkamah dengar hujah akhir kes bunuh Zulfarhan pada 29, 30 September

Astro Awani | Mahkamah Tinggi menetapkan akhir September untuk mendengar hujah di akhir kes pembelaan 18 penuntut UPNM yang didakwa membunuh, bersubahat membunuh dan mencederakan seorang Pegawai Kadet Laut UPNM. Peguam Amer Hamzah Arshad mewakili tertuduh pertama dan kedua dan memaklumkan pihaknya telah memfailkan hujahan bertulis setebal 85 muka surat pada 15 Jun.

Heidy Quah charged with making offensive Facebook post

New Straits Times | The charge sheet stated that Refuge for the Refugees founder Heidy Quah had made an offensive posting with intent to insult. Counsel New Sin Yew pleaded for a lower bail, citing Heidy’s years of award-winning humanitarian work.

Refugee activist Heidy Quah charged in KL with internet misuse

Malay Mail | Refuge for the Refugees founder Heidy Quah was charged under section 233(1)(a) of the Communications and Multimedia Act 1998 for a Facebook post on alleged mistreatment of refugees at the Immigration detention centre. She was represented by lawyer New Sin Yew.