Team ABA

Lawyers questioned by cops over candlelight vigil for Nagaenthran

Malaysiakini | Malaysian Bar Council Human Rights Committee co-chairs New Sin Yew and Yohendra Nadarajan were questioned by the police and investigated under the Peaceful Assembly Act and the Prevention and Control of Infectious Diseases Act over a candlelight vigil against an execution in Singapore. They were accompanied by law pupils Farhan Amran and Sherise Vergis.

Amend the clause to disqualify MPs also, says Azalina

Free Malaysia Today | Former Parliament Deputy Speaker Azalina Othman Said called for the amendment of Article 48 which allows for the disqualification of MPs in the Federal Constitution. Lawyer New Sin Yew concurred, noting that the proposed amendment to restrict the freedom of association could give the government full control over other political parties.

Nurul Izzah questions govt’s ’good faith’ over anti-hopping bill

Free Malaysia Today | Lawyer New Sin Yew said amending Article 10 of the Federal Constitution concerning freedom of association without amending Article 48 would render the future anti-hopping law unconstitutional. PKR’s Nurul Izzah Anwar also called for the clause to be revised as it gives the federal government the power to strip MPs of seats.

Proposed constitutional amendment is too wide, says MP

Free Malaysia Today | Subang MP Wong Chen said the bill to amend the Federal Constitution, to provide the Parliament the power to enact an anti-hopping law, contained a provision that was “too wide”. Lawyer New Sin Yew described the proposed amendments as being “very dangerous”, claiming that it would allow the government “to abuse its power to control other political parties”.

Law grad’s last appeal for CLP retake revives calls for Common Bar

Malaysiakini | The KL Bar Committee will push for a standard professional examination for all law degree holders before they commence their chambering in Malaysia. Joshua Tay pointed out that problems arise when there is no common benchmark for graduates entering the legal profession as different institutions use different assessment criteria.

Constitutional bill to regulate party membership in lieu of anti-hopping law

Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.

High Court sets May 18 to decide whether pandemic-driven emergency proclamation validity questions can be referred to apex court

The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.

Minister confirms anti-hopping bill deferred — report

Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.

Anti-hopping law: The ins and the outs

BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.

Govt’s planned anti-hopping law undemocratic, lawyer warns

Malaysiakini | The planned anti-hopping law would automatically trigger a by-election if an MP switches their party allegiance. New Sin Yew proposed recall elections instead, noting several problems with the proposed bill. For example, there would be no recourse for voters if an entire party changes sides, and elected representatives would be beholden to political parties rather than to voters.

Legal experts decry call by PAS senator for Muslim-only PM law

The Vibes | A PAS senator called for the post of the PM to be limited to Muslims. Constitutional lawyer New Sin Yew countered that even if the Federal Constitution was amended to allow for this, it is still racist and discriminatory. Former law professor Datuk Gurdial Singh warned this would undermine the basis of democracy and the concept of majority rule in Malaysia.

I was sued for political advantage, intimidation: Syed Saddiq

Malaysiakini | Syed Saddiq Syed Abdul Rahman said Habibul Rahman Kadir’s legal action against him was mala fide and driven by a hidden motive, as the civil action was only filed in end 2021 when the defamatory statement allegedly occurred in 2017. Syed Saddiq is represented by counsel from law firm AmerBON, Advocates.

Analysts: It has no implication on PM’s leadership

The Star | The government was defeated in a motion in Parliament to amend the SOSMA. Constitutional lawyer New Sin Yew said existing police powers are wide enough to address terrorism and that SOSMA was not necessary as it is disproportionate and draconian.

Violating voting rights: How unscientific SOP births tyranny

Code Blue | The government planned to transition to endemicity, yet denied infected voters the right to vote. Lawyer New Sin Yew explained that the EC’s actions did not have the force of law as nothing in the Elections Act, the Election Offences Act or the regulations allow for the EC to block COVID-positive voters from voting.

Publisher, author win bid to quash ban on ‘Gay is OK’ book

Free Malaysia Today | In her ruling, KL High Court judge Noorin Badaruddin said the government “failed to show evidence of actual prejudice to public order that had occurred”, and that the book publisher and author were never given the right to be heard by the government to counter the allegations against them. Edmund Bon and Michael Cheah represented the applicants.

Mahkamah batal larangan buku ‘Gay is OK’

Free Malaysia Today | Hakim Mahkamah Tinggi membenarkan semakan kehakiman membatalkan larangan buku dan menyeru Menteri “memberi alasan atas keputusannya, lebih-lebih lagi dalam perkara yang menyaksikan kebebasan bersuara disekat dan prinsip keadilan yang dijamin di bawah Perlembagaan Persekutuan dicabuli”. Penerbit dan penulis buku diwakili Edmund Bon dan Michael Cheah.

Ban on ‘Gay is OK’ lifted

New Straits Times | Gay is OK! publisher Gerakbudaya Enterprise and author Ngeo Boon Lin filed a judicial review leave application to revoke the ban order dated Nov 27 last year, represented by lawyers Edmund Bon and Michael Cheah.

High court quashes ban on book ‘Gay is Okay! A Christian Perspective’

The Sun Daily | The High Court judge said the government failed to show evidence of prejudice to public order by the book. A total ban under the Printing Presses and Publications Act 1984, without the author being given the right to be heard to counter the allegations against the book, is irrational and a violation of freedom of expression and fairness. Lawyers Edmund Bon and Michael Cheah represented the author.

Court quashes govt ban of book ‘Gay is OK!’

Malaysiakini | Lawyer Michael Cheah confirmed that judge Noorin Badaruddin allowed the judicial review application by his two clients. He said the court ruled that there was no evidence and/or factual basis for the home minister’s justification for the ban, and the government failed to give the author the right to be heard.

Lawyers questioned by cops over candlelight vigil for Nagaenthran

Malaysiakini | Malaysian Bar Council Human Rights Committee co-chairs New Sin Yew and Yohendra Nadarajan were questioned by the police and investigated under the Peaceful Assembly Act and the Prevention and Control of Infectious Diseases Act over a candlelight vigil against an execution in Singapore. They were accompanied by law pupils Farhan Amran and Sherise Vergis.

Amend the clause to disqualify MPs also, says Azalina

Free Malaysia Today | Former Parliament Deputy Speaker Azalina Othman Said called for the amendment of Article 48 which allows for the disqualification of MPs in the Federal Constitution. Lawyer New Sin Yew concurred, noting that the proposed amendment to restrict the freedom of association could give the government full control over other political parties.

Nurul Izzah questions govt’s ’good faith’ over anti-hopping bill

Free Malaysia Today | Lawyer New Sin Yew said amending Article 10 of the Federal Constitution concerning freedom of association without amending Article 48 would render the future anti-hopping law unconstitutional. PKR’s Nurul Izzah Anwar also called for the clause to be revised as it gives the federal government the power to strip MPs of seats.

Proposed constitutional amendment is too wide, says MP

Free Malaysia Today | Subang MP Wong Chen said the bill to amend the Federal Constitution, to provide the Parliament the power to enact an anti-hopping law, contained a provision that was “too wide”. Lawyer New Sin Yew described the proposed amendments as being “very dangerous”, claiming that it would allow the government “to abuse its power to control other political parties”.

Law grad’s last appeal for CLP retake revives calls for Common Bar

Malaysiakini | The KL Bar Committee will push for a standard professional examination for all law degree holders before they commence their chambering in Malaysia. Joshua Tay pointed out that problems arise when there is no common benchmark for graduates entering the legal profession as different institutions use different assessment criteria.

Constitutional bill to regulate party membership in lieu of anti-hopping law

Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.

High Court sets May 18 to decide whether pandemic-driven emergency proclamation validity questions can be referred to apex court

The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.

Minister confirms anti-hopping bill deferred — report

Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.

Anti-hopping law: The ins and the outs

BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.

Govt’s planned anti-hopping law undemocratic, lawyer warns

Malaysiakini | The planned anti-hopping law would automatically trigger a by-election if an MP switches their party allegiance. New Sin Yew proposed recall elections instead, noting several problems with the proposed bill. For example, there would be no recourse for voters if an entire party changes sides, and elected representatives would be beholden to political parties rather than to voters.

Legal experts decry call by PAS senator for Muslim-only PM law

The Vibes | A PAS senator called for the post of the PM to be limited to Muslims. Constitutional lawyer New Sin Yew countered that even if the Federal Constitution was amended to allow for this, it is still racist and discriminatory. Former law professor Datuk Gurdial Singh warned this would undermine the basis of democracy and the concept of majority rule in Malaysia.

I was sued for political advantage, intimidation: Syed Saddiq

Malaysiakini | Syed Saddiq Syed Abdul Rahman said Habibul Rahman Kadir’s legal action against him was mala fide and driven by a hidden motive, as the civil action was only filed in end 2021 when the defamatory statement allegedly occurred in 2017. Syed Saddiq is represented by counsel from law firm AmerBON, Advocates.

Analysts: It has no implication on PM’s leadership

The Star | The government was defeated in a motion in Parliament to amend the SOSMA. Constitutional lawyer New Sin Yew said existing police powers are wide enough to address terrorism and that SOSMA was not necessary as it is disproportionate and draconian.

Violating voting rights: How unscientific SOP births tyranny

Code Blue | The government planned to transition to endemicity, yet denied infected voters the right to vote. Lawyer New Sin Yew explained that the EC’s actions did not have the force of law as nothing in the Elections Act, the Election Offences Act or the regulations allow for the EC to block COVID-positive voters from voting.

Publisher, author win bid to quash ban on ‘Gay is OK’ book

Free Malaysia Today | In her ruling, KL High Court judge Noorin Badaruddin said the government “failed to show evidence of actual prejudice to public order that had occurred”, and that the book publisher and author were never given the right to be heard by the government to counter the allegations against them. Edmund Bon and Michael Cheah represented the applicants.

Mahkamah batal larangan buku ‘Gay is OK’

Free Malaysia Today | Hakim Mahkamah Tinggi membenarkan semakan kehakiman membatalkan larangan buku dan menyeru Menteri “memberi alasan atas keputusannya, lebih-lebih lagi dalam perkara yang menyaksikan kebebasan bersuara disekat dan prinsip keadilan yang dijamin di bawah Perlembagaan Persekutuan dicabuli”. Penerbit dan penulis buku diwakili Edmund Bon dan Michael Cheah.

Ban on ‘Gay is OK’ lifted

New Straits Times | Gay is OK! publisher Gerakbudaya Enterprise and author Ngeo Boon Lin filed a judicial review leave application to revoke the ban order dated Nov 27 last year, represented by lawyers Edmund Bon and Michael Cheah.

High court quashes ban on book ‘Gay is Okay! A Christian Perspective’

The Sun Daily | The High Court judge said the government failed to show evidence of prejudice to public order by the book. A total ban under the Printing Presses and Publications Act 1984, without the author being given the right to be heard to counter the allegations against the book, is irrational and a violation of freedom of expression and fairness. Lawyers Edmund Bon and Michael Cheah represented the author.

Court quashes govt ban of book ‘Gay is OK!’

Malaysiakini | Lawyer Michael Cheah confirmed that judge Noorin Badaruddin allowed the judicial review application by his two clients. He said the court ruled that there was no evidence and/or factual basis for the home minister’s justification for the ban, and the government failed to give the author the right to be heard.