Team ABA

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Bank employees call for Bank Muamalat, Alliance Bank to be penalised for union-busting

Team ABA July 13, 2019

Malay Mail | Following the decision by the director-general of industrial relations and subsequent rulings by the High Court in 2016 and the Court of Appeal in 2017, the Federal Court has upheld the findings that two banks “promoted” clerical staff to executives so that they would be excluded from the National Union of Bank Employees (NUBE). NUBE lawyer Edmund Bon said that this ground-breaking ruling would be applicable to all other sectors and industries.

Court ruling shows banks promote staff to erode union power, says NUBE

Team ABA July 13, 2019

Free Malaysia Today | Following the decision by the director-general of industrial relations and subsequent rulings by the High Court in 2016 and the Court of Appeal in 2017, the Federal Court has upheld the findings that two banks “promoted” clerical staff to executives so that they would be excluded from the National Union of Bank Employees (NUBE). NUBE lawyer Edmund Bon said that this ground-breaking ruling would be applicable to all other sectors and industries.

Life, death, and the in between

Team ABA July 3, 2019

New Naratif | As Malaysia back-pedalled on abolishing the death penalty, the possibility of wrongful convictions remain, as in the case of Mainthan Arumugam who is on death row. Amer Hamzah and Joshua Tay, who submitted Mainthan’s review application to the Federal Court, shared their views.

Sg Kim Kim pollution: Tyre factory director pleads not guilty

Team ABA April 25, 2019

New Straits Times | A tyre processing factory director pleaded not guilty at the Johor Bahru Session Court to a charge under section 34B(1)(a) of the Environmental Quality Act 1974, of conspiring to dump scheduled substances into Sungai Kim Kim. The prosecution did not offer bail but counsel Joshua Tay objected, saying another director was allowed bail.

Sg Kim Kim pollution: Another suspect charged

Team ABA April 25, 2019

Malaysiakini | A non-executive director of a used tyre processing factory was charged with abetting three others to dispose scheduled wastes into Sungai Kim Kim in Pasir Gudang. Sim Wei Der pleaded not guilty and was represented by lawyer Joshua Tay.

Review common law of scandalising the judiciary

Team ABA April 24, 2019

Malaysiakini | Together with other organisations and individuals, New Sin Yew and Hoe Sue Lu endorsed this statement expressing concern on the conviction and heavy sentence against Arun Kasi for contempt of court.

Rulers open to prosecution since 1993, Rome Statute not to blame, forum told

Team ABA April 9, 2019

Free Malaysia Today | Edmund Bon told a forum that it is misleading for certain quarters to claim the monarchs will lose their immunity if the government accedes to the Rome Statute. The privilege was already removed some 25 years ago, when the constitution was amended in 1993 to set up a special court to try rulers charged with committing crimes in a personal capacity.

Rulers’ immunity given away in 1994: lawyer

Team ABA April 9, 2019

Malaysiakini | Malaysia had given away immunity for the country’s rulers when it signed the Genocide Convention in 1994, which says that all immunities are removed, including the immunities for the head of state and leaders, said human rights lawyer Edmund Bon. The Rome Statute of the International Criminal Court was just an extension of the 1948 Genocide Convention.

Signing Rome Statute won’t affect King and Malay rulers, says lawyer

Team ABA March 26, 2019

Free Malaysia Today | There was no reason to be fearful that the King might have to face the International Criminal Court (ICC). Edmund Bon explained that this is because, according to the Federal Constitution, the King who is also the supreme commander of the armed forces acts on the advice of the PM and the Cabinet.

Two of ‘ISA7’ file police report on Hamid Sultan’s affidavit

Team ABA February 23, 2019

Malay Mail | Two men formerly convicted of illegal assembly while protesting in 2001 against the Internal Security Act (ISA) 1960 today lodged separate police reports over Court of Appeal judge Datuk Hamid Sultan Abu Backer’s affidavit. Michael Cheah and Joshua Tay represented the duo.

Dua lapor polis berhubung dakwaan campur tangan kehakiman

Team ABA February 23, 2019

Malaysiakini | Peguam Michael Cheah berkata, siasatan lanjut diperlu terhadap dakwaan hakim Mahkamah Rayuan Hamid Sultan Abu Backer tentang salah laku badan kehakiman. Beliau merupakan satu-satunya hakim yang menentang keputusan Mahkamah Rayuan terhadap tujuh aktivis mahasiswa yang memfailkan rayuan atas hujah sama ada seksyen 27(5)(a) dan 27(2) Akta Polis 1967 bertentangan dengan Artikel 10(1)(b) Perlembagaan Persekutuan yang menjamin hak berhimpun.

Najib stays the courts

Team ABA February 12, 2019

BFM | New Sin Yew discussed the context behind the Court of Appeal’s decision to allow former Prime Minister, Najib Razak to postpone his much anticipated trial.

Former sales manager pleads not guilty to insulting ex-Agong

Team ABA February 11, 2019

Malaysiakini | Counsel New Sin Yew is representing Eric Liew Chee Ling, a former sales manager of a private company who was charged at the Sessions Court in Kuala Lumpur today with sending insulting comments against the former Yang di-Pertuan Agong, Sultan Muhammad V, on his Facebook site last month.

Ringing up legal spend

Team ABA February 11, 2019

Asia Business Law Journal | Corporate counsel around the region are keeping law firms on their toes with a demand for high quality and affordable legal advice, writes Vandana Chatlani.

BN sues former members

Team ABA January 16, 2019

BFM | Constitutional lawyer New Sin Yew shares his thoughts on anti-hopping laws and whether BN could sue its defectors.

Mahkamah benar Musa Aman dapatkan pasport bagi rawatan di London

Team ABA January 7, 2019

Malaysiakini | Mahkamah Sesyen di Kuala Lumpur hari ini membenarkan permohonan bekas KM Sabah Musa Aman untuk mendapatkan pasport antarabangsanya dari mahkamah bagi mendapatkan rawatan di London. Musa Aman diwakili peguam Francis Ng Aik Guan dan Amer Hamzah Arshad.

Musa Aman asks for passport to be returned to continue treatment overseas

Team ABA January 4, 2019

Malaysiakini | Former Sabah CM Musa Aman has applied to get his passport released, citing the need to continue his medical treatment overseas. Counsel Amer Hamzah Arshad told the media that Musa Aman has to resume medical care which he had sought in London as well as in Singapore before he returned to Malaysia to facilitate investigation into his case.

‘Please forgive us, we are people too’

Team ABA December 23, 2018

The Star | Criminal lawyer Amer Hamzah Arshad, who has vast experience in death penalty cases, felt the death sentence has no place in society. He believed prisons should not be viewed only as places for punishment, but as correctional facilities.

Bank employees call for Bank Muamalat, Alliance Bank to be penalised for union-busting

July 13, 2019

Malay Mail | Following the decision by the director-general of industrial relations and subsequent rulings by the High Court in 2016 and the Court of Appeal in 2017, the Federal Court has upheld the findings that two banks “promoted” clerical staff to executives so that they would be excluded from the National Union of Bank Employees (NUBE). NUBE lawyer Edmund Bon said that this ground-breaking ruling would be applicable to all other sectors and industries.

Court ruling shows banks promote staff to erode union power, says NUBE

July 13, 2019

Free Malaysia Today | Following the decision by the director-general of industrial relations and subsequent rulings by the High Court in 2016 and the Court of Appeal in 2017, the Federal Court has upheld the findings that two banks “promoted” clerical staff to executives so that they would be excluded from the National Union of Bank Employees (NUBE). NUBE lawyer Edmund Bon said that this ground-breaking ruling would be applicable to all other sectors and industries.

Life, death, and the in between

July 3, 2019

New Naratif | As Malaysia back-pedalled on abolishing the death penalty, the possibility of wrongful convictions remain, as in the case of Mainthan Arumugam who is on death row. Amer Hamzah and Joshua Tay, who submitted Mainthan’s review application to the Federal Court, shared their views.

Sg Kim Kim pollution: Tyre factory director pleads not guilty

April 25, 2019

New Straits Times | A tyre processing factory director pleaded not guilty at the Johor Bahru Session Court to a charge under section 34B(1)(a) of the Environmental Quality Act 1974, of conspiring to dump scheduled substances into Sungai Kim Kim. The prosecution did not offer bail but counsel Joshua Tay objected, saying another director was allowed bail.

Sg Kim Kim pollution: Another suspect charged

April 25, 2019

Malaysiakini | A non-executive director of a used tyre processing factory was charged with abetting three others to dispose scheduled wastes into Sungai Kim Kim in Pasir Gudang. Sim Wei Der pleaded not guilty and was represented by lawyer Joshua Tay.

Review common law of scandalising the judiciary

April 24, 2019

Malaysiakini | Together with other organisations and individuals, New Sin Yew and Hoe Sue Lu endorsed this statement expressing concern on the conviction and heavy sentence against Arun Kasi for contempt of court.

Rulers open to prosecution since 1993, Rome Statute not to blame, forum told

April 9, 2019

Free Malaysia Today | Edmund Bon told a forum that it is misleading for certain quarters to claim the monarchs will lose their immunity if the government accedes to the Rome Statute. The privilege was already removed some 25 years ago, when the constitution was amended in 1993 to set up a special court to try rulers charged with committing crimes in a personal capacity.

Rulers’ immunity given away in 1994: lawyer

April 9, 2019

Malaysiakini | Malaysia had given away immunity for the country’s rulers when it signed the Genocide Convention in 1994, which says that all immunities are removed, including the immunities for the head of state and leaders, said human rights lawyer Edmund Bon. The Rome Statute of the International Criminal Court was just an extension of the 1948 Genocide Convention.

Signing Rome Statute won’t affect King and Malay rulers, says lawyer

March 26, 2019

Free Malaysia Today | There was no reason to be fearful that the King might have to face the International Criminal Court (ICC). Edmund Bon explained that this is because, according to the Federal Constitution, the King who is also the supreme commander of the armed forces acts on the advice of the PM and the Cabinet.

Two of ‘ISA7’ file police report on Hamid Sultan’s affidavit

February 23, 2019

Malay Mail | Two men formerly convicted of illegal assembly while protesting in 2001 against the Internal Security Act (ISA) 1960 today lodged separate police reports over Court of Appeal judge Datuk Hamid Sultan Abu Backer’s affidavit. Michael Cheah and Joshua Tay represented the duo.

Dua lapor polis berhubung dakwaan campur tangan kehakiman

February 23, 2019

Malaysiakini | Peguam Michael Cheah berkata, siasatan lanjut diperlu terhadap dakwaan hakim Mahkamah Rayuan Hamid Sultan Abu Backer tentang salah laku badan kehakiman. Beliau merupakan satu-satunya hakim yang menentang keputusan Mahkamah Rayuan terhadap tujuh aktivis mahasiswa yang memfailkan rayuan atas hujah sama ada seksyen 27(5)(a) dan 27(2) Akta Polis 1967 bertentangan dengan Artikel 10(1)(b) Perlembagaan Persekutuan yang menjamin hak berhimpun.

Najib stays the courts

February 12, 2019

BFM | New Sin Yew discussed the context behind the Court of Appeal’s decision to allow former Prime Minister, Najib Razak to postpone his much anticipated trial.

Former sales manager pleads not guilty to insulting ex-Agong

February 11, 2019

Malaysiakini | Counsel New Sin Yew is representing Eric Liew Chee Ling, a former sales manager of a private company who was charged at the Sessions Court in Kuala Lumpur today with sending insulting comments against the former Yang di-Pertuan Agong, Sultan Muhammad V, on his Facebook site last month.

Ringing up legal spend

February 11, 2019

Asia Business Law Journal | Corporate counsel around the region are keeping law firms on their toes with a demand for high quality and affordable legal advice, writes Vandana Chatlani.

BN sues former members

January 16, 2019

BFM | Constitutional lawyer New Sin Yew shares his thoughts on anti-hopping laws and whether BN could sue its defectors.

Mahkamah benar Musa Aman dapatkan pasport bagi rawatan di London

January 7, 2019

Malaysiakini | Mahkamah Sesyen di Kuala Lumpur hari ini membenarkan permohonan bekas KM Sabah Musa Aman untuk mendapatkan pasport antarabangsanya dari mahkamah bagi mendapatkan rawatan di London. Musa Aman diwakili peguam Francis Ng Aik Guan dan Amer Hamzah Arshad.

Musa Aman asks for passport to be returned to continue treatment overseas

January 4, 2019

Malaysiakini | Former Sabah CM Musa Aman has applied to get his passport released, citing the need to continue his medical treatment overseas. Counsel Amer Hamzah Arshad told the media that Musa Aman has to resume medical care which he had sought in London as well as in Singapore before he returned to Malaysia to facilitate investigation into his case.

‘Please forgive us, we are people too’

December 23, 2018

The Star | Criminal lawyer Amer Hamzah Arshad, who has vast experience in death penalty cases, felt the death sentence has no place in society. He believed prisons should not be viewed only as places for punishment, but as correctional facilities.