Team ABA

Malay Mail | The AGC’s federal counsel argued that the government’s refusal to register an individual as a citizen, provided for under Article 15A of the Federal Constitution, could not be challenged in court. Muhammad Aiman Hafizi’s lawyer New Sin Yew countered that his client’s court challenge is not just based on Article 15A and the court could decide on such matters after a substantive hearing instead of at this early stage.

BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, there is no law stating that criticism of the government is an offence. If Mohd Rayhan Kabir is deported although he did not commit any offence, the decision would be considered arbitrary, unlawful, and not up to international human rights standards.

BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for appeal.

BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.

Malay Mail | Under the Immigration Act 1959/63, the director general may revoke the passes of foreign nationals. Lawyer New Sin Yew agreed with others that this must be done with reason. There is no law that criminalises speech that damages Malaysia’s image. Criminal sanctions are meant to address more extreme actions such as incitement to violence.

Malaysiakini | Reporters Without Borders (RSF) named South China Morning Post reporter Tashny Sukumaran among a list of 30 coronavirus “information heroes”. Tashny was questioned by police over her tweets regarding the 1 May immigration raid at Selangor Mansion. Lawyer New Sin Yew called it plain harassment.