The Malaysia Agreement (MA63) with Edmund Bon and James Chin
Team ABA
May 6, 2020
A West Malaysian perspective of the Malaysia Agreement
A West Malaysian perspective of the Malaysia Agreement
Navigating the unknown
Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.
PKP, PKPD, PKPB…
MCO, EMCO, CMCO…
Benchmark Litigation Asia-Pacific commended the work of AmerBON, Advocates’ business and human rights team.
Untangling legal challenges during the MCO
Duduk diam-diam di rumah, berborak-borak dengan CALR.
Pro bono legal advice
The Star | Lead counsel Amer Hamzah Arshad said that the hearing of former Sabah CM Musa Aman’s application to strike out his 46 counts of corruption and money laundering has been postponed due to delays resulting from the Movement Control Order (MCO). Musa had filed the application on the grounds that the charges were baseless.
Free Malaysia Today | The Federal Court will hear next month an appeal by two then senior staff of former Selangor Menteri Besar Khalid Ibrahim on the order to return their ‘golden handshake’ payments amounting to RM1.2 million. Lawyer Edmund Bon, who is appearing for the applicants, submitted four legal questions, including on whether Menteri Besar Incorporated is a corporation sole or corporate aggregate.
We apologise for the inconvenience caused.
The Star | The Prisons Department has asked the judiciary to stop jailing violators of the movement control order to avoid overcrowding in prisons, which could lead to the spread of the coronavirus. Criminal lawyer Amer Hamzah Arshad urged the Court take into account the unprecedented situation of the pandemic when meting out sentences.
A call for court proceedings to be cancelled
Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.
BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.
BFM | As the Istana Negara confirmed that Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.
Rabbit Hole Magazine | A commentary on how Prime Minister Mahathir Mohamad who seemed like the most powerful man in the country fell from grace within a week. New Sin Yew’s analysis on the Mahathir’s actions was quoted.
BFM | New Sin Yew spoke about Tun Mahathir’s resignation and the possible scenarios that can unfold. The Prime Minister’s resignation will not be formalised until there is someone else who can command the confidence of the majority in Parliament, or if the Yang di-Pertuan Agong dissolves the House of Representatives.
SeedPeak | AmerBON’s lawyer-runner-triathlete, Amer Hamzah Arshad, is now sponsored by SeedPeak.
A West Malaysian perspective of the Malaysia Agreement
Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.
PKP, PKPD, PKPB…
MCO, EMCO, CMCO…
Benchmark Litigation Asia-Pacific commended the work of AmerBON, Advocates’ business and human rights team.
Untangling legal challenges during the MCO
Duduk diam-diam di rumah, berborak-borak dengan CALR.
The Star | Lead counsel Amer Hamzah Arshad said that the hearing of former Sabah CM Musa Aman’s application to strike out his 46 counts of corruption and money laundering has been postponed due to delays resulting from the Movement Control Order (MCO). Musa had filed the application on the grounds that the charges were baseless.
Free Malaysia Today | The Federal Court will hear next month an appeal by two then senior staff of former Selangor Menteri Besar Khalid Ibrahim on the order to return their ‘golden handshake’ payments amounting to RM1.2 million. Lawyer Edmund Bon, who is appearing for the applicants, submitted four legal questions, including on whether Menteri Besar Incorporated is a corporation sole or corporate aggregate.
We apologise for the inconvenience caused.
The Star | The Prisons Department has asked the judiciary to stop jailing violators of the movement control order to avoid overcrowding in prisons, which could lead to the spread of the coronavirus. Criminal lawyer Amer Hamzah Arshad urged the Court take into account the unprecedented situation of the pandemic when meting out sentences.
A call for court proceedings to be cancelled
Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.
BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.
BFM | As the Istana Negara confirmed that Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.
Rabbit Hole Magazine | A commentary on how Prime Minister Mahathir Mohamad who seemed like the most powerful man in the country fell from grace within a week. New Sin Yew’s analysis on the Mahathir’s actions was quoted.
BFM | New Sin Yew spoke about Tun Mahathir’s resignation and the possible scenarios that can unfold. The Prime Minister’s resignation will not be formalised until there is someone else who can command the confidence of the majority in Parliament, or if the Yang di-Pertuan Agong dissolves the House of Representatives.
SeedPeak | AmerBON’s lawyer-runner-triathlete, Amer Hamzah Arshad, is now sponsored by SeedPeak.