Malaysiakini | Lawyer New Sin Yew said PH should not misconstrue established legal principles to suit their desired outcome as that would set a bad precedent. Article 40(2) of the Federal Constitution provides for matters in which the YDPA may act in his discretion. Summoning of Parliament is not one such matter.
Malaysiakini | Under Article 150(7) of the Federal Constitution, emergency ordinances have a six-month expiry after the emergency ceases to be in force. Parliament has the power to keep or end the emergency. According to lawyer New Sin Yew, should Parliament vote down the emergency proclamation, this could be interpreted as a vote of no-confidence against the premier.
BFM | Constitutional lawyer New Sin Yew joined Asylum Access Malaysia’s Tham Hui Ying in a deep dive into the role of the Conference of Rulers during an Emergency and the right to life for migrants.
The Star | The Federal Court has ordered the RM13.5bil lawsuit by Puncak Niaga Holdings Bhd against former Selangor MB Abdul Khalid Ibrahim to go for full trial. Edmund Bon appeared for Abdul Khalid.
Harian Metro | Mahkamah Persekutuan memerintahkan kes saman RM13.5 bilion yang difailkan Puncak Niaga Holdings Bhd terhadap bekas MB Selangor Abdul Khalid Ibrahim dibicarakan di Mahkamah Tinggi Shah Alam. Hakim membuat keputusan itu selepas mendengar hujah peguam Gopal Sreenevasan yang mewakili Puncak Niaga manakala Edmund Bon Tai Soon mewakili Abdul Khalid.
Free Malaysia Today | The Federal Court dismissed former Selangor MB Abdul Khalid Ibrahim and the Selangor government’s application for leave to appeal the Court of Appeal decision. The threshold of section 96 (on granting leave) under the Courts of Judicature Act 1964 has not been met as the High Court has not made a ruling. Edmund Bon represented Khalid.
The Edge Markets | Counsel Edmund Bon, appearing with New Sin Yew and Michael Cheah, argued that the suit was time-barred; a claim for misfeasance must be filed within three years under the Public Authorities of Protection Act 1948. The Federal Court judge noted that the questions of law posed are of general importance and need to be properly ventilated in the trial.
The cases of Zaidi Kanapiah and Rovin Joty concern detentions under the Prevention of Crime Act 1959 (POCA). What is the impact of these cases on our liberties?
BFM | New Sin Yew spoke about the PM’s legal name change, the Ministerial Functions Act 1969, and the consequences of using a “glamour name” instead of the name registered in MyKad. The Shah Alam High Court recently reversed a detention order signed by Muhyiddin Mohd Yassin; the procedural requirement under the law is that orders must be signed by the Home Minister — Mahiaddin Md Yasin.
Malay Mail | The High Court judge held that the respondents — the PM, the Malaysian government and the EC — are categorised as public authorities; their decisions are amenable or subject to review by the courts. He also agreed that the 18 Malaysian youths have been adversely affected by the respondents’ decision not to enforce the lower voting age by July 2021. New Sin Yew and Beatrice Chin, together with five other lawyers, represented the youths.
The Edge Markets | Former Selangor MB Abdul Khalid Ibrahim’s lawyer Michael Cheah confirmed that the Federal Court will hear on June 23 Khalid’s application for leave to appeal against the Court of Appeal’s decision in the case involving Puncak Niaga and Selangor’s water industry restructuring.
The immigration department DG erred in banning Maria Chin from travelling abroad. However, section 59A of the Immigration Act 1959/63 is valid and the courts only have the power to judicially review procedural non-compliance under the act. Is this constitutional?
Access Now | Human rights lawyer and former AICHR Malaysia representative Edmund Bon joined a panel to speak about the backsliding of free speech protections under the Malaysian government since March 2020.
A new chat series by AmerBON. This session examined the Federal Court ruling that an illegitimate child born to a Malaysian father and a Filipino mother was not entitled to Malaysian citizenship. What is the way ahead for children born out of wedlock?
Malaysiakini | Lawyer Amer Hamzah Arshad informed Bernama that former Tabung Haji Chairperson Abdul Azeez’s appeal against the High Court’s dismissal to strike out his corruption and money laundering charges will be heard by the Court of Appeal on Sept 6.
Free Malaysia Today | Immigration DG recently commented that foreign nationals who breach MCO SOPs could potentially be deported. While the Immigration Act gives the DG wide-ranging powers, Joshua Tay stressed that the power to remove immigrants should only be exercised if there are good grounds to do so. The police or health ministry would be in a better position to take action against the violation of MCO SOPs.
“…proven reputation as lawyers committed in the realisation of justice, rule of law and human rights.”
The Edge Markets | The High Court will hear on July 22 an application by seven NGOs to refer questions of law related to the Emergency to the Federal Court. Lawyer New Sin Yew said this application cannot be deemed academic even if the Emergency ends, as they are challenging the ouster clause in Article 150(8) of the Federal Constitution, which excludes the court’s scrutiny over emergency declarations and ordinances.
Malay Mail | Seven NGOs are seeking several court orders, including declarations that section 14 of the Emergency (Essential Powers) Ordinance 2021 which suspended parliamentary sittings was unconstitutional. and that Article 150(8) of the Federal Constitution violates the basic structure doctrine as well as Articles 4, 8 and 121. Lawyer New Sin Yew said the High Court will hear the applications to refer questions to the Federal Court before dealing with the actual lawsuit.
Malaysiakini | Counsel New Sin Yew explained that the originating summons extends beyond the present emergency and targets the validity of Article 150(8) of the Federal Constitution, an ouster clause provision inserted in 1981.
Malaysiakini | Lawyer New Sin Yew said PH should not misconstrue established legal principles to suit their desired outcome as that would set a bad precedent. Article 40(2) of the Federal Constitution provides for matters in which the YDPA may act in his discretion. Summoning of Parliament is not one such matter.
Malaysiakini | Under Article 150(7) of the Federal Constitution, emergency ordinances have a six-month expiry after the emergency ceases to be in force. Parliament has the power to keep or end the emergency. According to lawyer New Sin Yew, should Parliament vote down the emergency proclamation, this could be interpreted as a vote of no-confidence against the premier.
BFM | Constitutional lawyer New Sin Yew joined Asylum Access Malaysia’s Tham Hui Ying in a deep dive into the role of the Conference of Rulers during an Emergency and the right to life for migrants.
The Star | The Federal Court has ordered the RM13.5bil lawsuit by Puncak Niaga Holdings Bhd against former Selangor MB Abdul Khalid Ibrahim to go for full trial. Edmund Bon appeared for Abdul Khalid.
Harian Metro | Mahkamah Persekutuan memerintahkan kes saman RM13.5 bilion yang difailkan Puncak Niaga Holdings Bhd terhadap bekas MB Selangor Abdul Khalid Ibrahim dibicarakan di Mahkamah Tinggi Shah Alam. Hakim membuat keputusan itu selepas mendengar hujah peguam Gopal Sreenevasan yang mewakili Puncak Niaga manakala Edmund Bon Tai Soon mewakili Abdul Khalid.
Free Malaysia Today | The Federal Court dismissed former Selangor MB Abdul Khalid Ibrahim and the Selangor government’s application for leave to appeal the Court of Appeal decision. The threshold of section 96 (on granting leave) under the Courts of Judicature Act 1964 has not been met as the High Court has not made a ruling. Edmund Bon represented Khalid.
The Edge Markets | Counsel Edmund Bon, appearing with New Sin Yew and Michael Cheah, argued that the suit was time-barred; a claim for misfeasance must be filed within three years under the Public Authorities of Protection Act 1948. The Federal Court judge noted that the questions of law posed are of general importance and need to be properly ventilated in the trial.
The cases of Zaidi Kanapiah and Rovin Joty concern detentions under the Prevention of Crime Act 1959 (POCA). What is the impact of these cases on our liberties?
BFM | New Sin Yew spoke about the PM’s legal name change, the Ministerial Functions Act 1969, and the consequences of using a “glamour name” instead of the name registered in MyKad. The Shah Alam High Court recently reversed a detention order signed by Muhyiddin Mohd Yassin; the procedural requirement under the law is that orders must be signed by the Home Minister — Mahiaddin Md Yasin.
Malay Mail | The High Court judge held that the respondents — the PM, the Malaysian government and the EC — are categorised as public authorities; their decisions are amenable or subject to review by the courts. He also agreed that the 18 Malaysian youths have been adversely affected by the respondents’ decision not to enforce the lower voting age by July 2021. New Sin Yew and Beatrice Chin, together with five other lawyers, represented the youths.
The Edge Markets | Former Selangor MB Abdul Khalid Ibrahim’s lawyer Michael Cheah confirmed that the Federal Court will hear on June 23 Khalid’s application for leave to appeal against the Court of Appeal’s decision in the case involving Puncak Niaga and Selangor’s water industry restructuring.
The immigration department DG erred in banning Maria Chin from travelling abroad. However, section 59A of the Immigration Act 1959/63 is valid and the courts only have the power to judicially review procedural non-compliance under the act. Is this constitutional?
Access Now | Human rights lawyer and former AICHR Malaysia representative Edmund Bon joined a panel to speak about the backsliding of free speech protections under the Malaysian government since March 2020.
A new chat series by AmerBON. This session examined the Federal Court ruling that an illegitimate child born to a Malaysian father and a Filipino mother was not entitled to Malaysian citizenship. What is the way ahead for children born out of wedlock?
Malaysiakini | Lawyer Amer Hamzah Arshad informed Bernama that former Tabung Haji Chairperson Abdul Azeez’s appeal against the High Court’s dismissal to strike out his corruption and money laundering charges will be heard by the Court of Appeal on Sept 6.
Free Malaysia Today | Immigration DG recently commented that foreign nationals who breach MCO SOPs could potentially be deported. While the Immigration Act gives the DG wide-ranging powers, Joshua Tay stressed that the power to remove immigrants should only be exercised if there are good grounds to do so. The police or health ministry would be in a better position to take action against the violation of MCO SOPs.
“…proven reputation as lawyers committed in the realisation of justice, rule of law and human rights.”
The Edge Markets | The High Court will hear on July 22 an application by seven NGOs to refer questions of law related to the Emergency to the Federal Court. Lawyer New Sin Yew said this application cannot be deemed academic even if the Emergency ends, as they are challenging the ouster clause in Article 150(8) of the Federal Constitution, which excludes the court’s scrutiny over emergency declarations and ordinances.
Malay Mail | Seven NGOs are seeking several court orders, including declarations that section 14 of the Emergency (Essential Powers) Ordinance 2021 which suspended parliamentary sittings was unconstitutional. and that Article 150(8) of the Federal Constitution violates the basic structure doctrine as well as Articles 4, 8 and 121. Lawyer New Sin Yew said the High Court will hear the applications to refer questions to the Federal Court before dealing with the actual lawsuit.
Malaysiakini | Counsel New Sin Yew explained that the originating summons extends beyond the present emergency and targets the validity of Article 150(8) of the Federal Constitution, an ouster clause provision inserted in 1981.
