High Court to hear NGOs’ bid to refer Emergency Ordinance questions to Federal Court

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.

July 22 date for Bersih, PKR lawmakers’ bids to have Federal Court decide if Parliament’s suspension during Emergency is constitutional

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.

High Court to hear bid to refer questions on emergency to Federal Court

Free Malaysia Today | The High Court will hear an application by NGOs on the emergency proclamation on July 22. The groups’ lawyer, New Sin Yew, told the court that the group, the AGC, and the five intervenors have filed their affidavits for the application. Two PKR lawmakers also filed constitutional questions which the court will hear on the same day.

Is satire a crime?

BFM | Political artist Fahmi Reza was arrested and detained overnight for offences under the Sedition Act and section 233 of the Communications and Multimedia Act. New Sin Yew explained these laws, the powers of the police under the Criminal Procedure Code, how charges could be brought against the accused, and the policing of freedom of speech.

Abdul Azeez’s money laundering trial postponed

New Straits Times | The High Court allowed former TH chairman Abdul Azeez’s application for a stay of court proceedings pending his appeal to have the case against him struck out. Counsel Amer Hamzah Arshad submitted that it was important for the appeal to be heard first to save the court’s time, costs, and the need to call in all the other witnesses, in the event the defence succeeds in the appeal.

Amend laws so public can sue water polluters, urges lawyer

Free Malaysia Today | Human rights lawyer Edmund Bon said that existing legal provisions relied on the authorities to investigate and prosecute those suspected of water pollution. He called on the courts to allow greater legal standing room to NGOs and individuals for their cases to be heard in court.

18 youths haul PM, govt to court over Undi18

Malaysiakini | 18 Malaysian youths representing the Undi18 movement filed a judicial review against the PM, the government, and the Election Commission, seeking to compel the government to implement the policy by this July. Lawyer New Sin Yew said the legal action is for the approximately 1.2 million youths, aged 18 to 20, who are currently disenfranchised.

After Undi18 pushed to 2022, 18 Malaysian youths sue PM, EC for right to vote by July

Malay Mail | 18 youths sued the Prime Minister, the federal government and the Election Commission, filing a judicial review application seeking 14 court orders including a declaration that the government’s action in delaying the lowering of voting age from 21 to 18 was irrational, illegal, disproportionate and amounts to voter suppression. Lawyer New Sin Yew represented the youths together with Lim Wei Jiet.

MPs, senators allowed to intervene in Bersih’s suit against emergency proclamation

The Edge Markets | Bersih and six others, represented by Edmund Bon, had on Feb 2 posed four questions of law to be decided in the originating summons they filed to seek the court’s declaration on the roles of Parliament and the judiciary during Malaysia’s state of emergency. The High Court allowed five lawmakers to intervene in the legal challenge.

PKR, PAS leaders allowed to intervene in NGOs’ suit against PM

Malaysiakini | The PKR duo sought to back a suit by Bersih and other NGOs against PM Muhyiddin Yassin because they were presently unable to fulfil their duties in Parliament. The PAS trio contended that the legal action would hinder the government’s efforts to overcome the COVID-19 pandemic in Malaysia. Edmund Bon confirmed that his clients, the NGOs, raised no objection to the intervener bids.

Legal action filed over ban of book ‘Gay is Okay!’

Malaysiakini | The Home Minister and the Malaysian government have been hauled to court over a book ban that applicants claimed was irrational and disproportionate, as no untoward incidents had been triggered by the book since its publication over seven years ago. Counsel Michael Cheah said the High Court has granted leave to his clients to commence with the judicial review.

‘Undi18 can be done now through existing system, don’t delay’

Malaysiakini | Undi18 and Muda plan to secure a mandamus order to compel the government to implement voter registration for those aged 18 to 20. Lawyer New Sin Yew explained that if the lawsuit succeeds, the government would be forced to amend the Federal Constitution and lower the voting age.

PKR duo file bid to support NGOs’ legal challenge on emergency

Free Malaysia Today | Two PKR representatives filed an application to become interveners to support a suit by seven NGOs seeking a declaration on the role of Parliament and the judiciary during a state of emergency. They said the suspension of Parliament under the emergency had no effect under the Federal Constitution. Edmund Bon represented the NGOs.

PAS trio seek to oppose NGOs’ challenge over state of emergency in court

Free Malaysia Today | Three PAS representatives filed an application to oppose the suit by seven NGOs regarding the state of emergency. Representing the NGOs, lawyer Edmund Bon said his clients filed several legal questions for the Federal Court to determine, including whether the 1981 constitutional amendment to entirely oust the jurisdiction of the courts is unconstitutional.

Reviewing the decision of Myanmar nationals’ deportation

Astro Awani | New Sin Yew shared how the decision of the DG of the Immigration Department could be considered procedural non-compliance as his actions were illegal and inconsistent with Federal Constitution and the Child Act 2001, among others.

High Court to hear NGOs’ bid to refer Emergency Ordinance questions to Federal Court

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.

July 22 date for Bersih, PKR lawmakers’ bids to have Federal Court decide if Parliament’s suspension during Emergency is constitutional

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.

High Court to hear bid to refer questions on emergency to Federal Court

Free Malaysia Today | The High Court will hear an application by NGOs on the emergency proclamation on July 22. The groups’ lawyer, New Sin Yew, told the court that the group, the AGC, and the five intervenors have filed their affidavits for the application. Two PKR lawmakers also filed constitutional questions which the court will hear on the same day.

Is satire a crime?

BFM | Political artist Fahmi Reza was arrested and detained overnight for offences under the Sedition Act and section 233 of the Communications and Multimedia Act. New Sin Yew explained these laws, the powers of the police under the Criminal Procedure Code, how charges could be brought against the accused, and the policing of freedom of speech.

Abdul Azeez’s money laundering trial postponed

New Straits Times | The High Court allowed former TH chairman Abdul Azeez’s application for a stay of court proceedings pending his appeal to have the case against him struck out. Counsel Amer Hamzah Arshad submitted that it was important for the appeal to be heard first to save the court’s time, costs, and the need to call in all the other witnesses, in the event the defence succeeds in the appeal.

Amend laws so public can sue water polluters, urges lawyer

Free Malaysia Today | Human rights lawyer Edmund Bon said that existing legal provisions relied on the authorities to investigate and prosecute those suspected of water pollution. He called on the courts to allow greater legal standing room to NGOs and individuals for their cases to be heard in court.

18 youths haul PM, govt to court over Undi18

Malaysiakini | 18 Malaysian youths representing the Undi18 movement filed a judicial review against the PM, the government, and the Election Commission, seeking to compel the government to implement the policy by this July. Lawyer New Sin Yew said the legal action is for the approximately 1.2 million youths, aged 18 to 20, who are currently disenfranchised.

After Undi18 pushed to 2022, 18 Malaysian youths sue PM, EC for right to vote by July

Malay Mail | 18 youths sued the Prime Minister, the federal government and the Election Commission, filing a judicial review application seeking 14 court orders including a declaration that the government’s action in delaying the lowering of voting age from 21 to 18 was irrational, illegal, disproportionate and amounts to voter suppression. Lawyer New Sin Yew represented the youths together with Lim Wei Jiet.

MPs, senators allowed to intervene in Bersih’s suit against emergency proclamation

The Edge Markets | Bersih and six others, represented by Edmund Bon, had on Feb 2 posed four questions of law to be decided in the originating summons they filed to seek the court’s declaration on the roles of Parliament and the judiciary during Malaysia’s state of emergency. The High Court allowed five lawmakers to intervene in the legal challenge.

PKR, PAS leaders allowed to intervene in NGOs’ suit against PM

Malaysiakini | The PKR duo sought to back a suit by Bersih and other NGOs against PM Muhyiddin Yassin because they were presently unable to fulfil their duties in Parliament. The PAS trio contended that the legal action would hinder the government’s efforts to overcome the COVID-19 pandemic in Malaysia. Edmund Bon confirmed that his clients, the NGOs, raised no objection to the intervener bids.

Legal action filed over ban of book ‘Gay is Okay!’

Malaysiakini | The Home Minister and the Malaysian government have been hauled to court over a book ban that applicants claimed was irrational and disproportionate, as no untoward incidents had been triggered by the book since its publication over seven years ago. Counsel Michael Cheah said the High Court has granted leave to his clients to commence with the judicial review.

‘Undi18 can be done now through existing system, don’t delay’

Malaysiakini | Undi18 and Muda plan to secure a mandamus order to compel the government to implement voter registration for those aged 18 to 20. Lawyer New Sin Yew explained that if the lawsuit succeeds, the government would be forced to amend the Federal Constitution and lower the voting age.

PKR duo file bid to support NGOs’ legal challenge on emergency

Free Malaysia Today | Two PKR representatives filed an application to become interveners to support a suit by seven NGOs seeking a declaration on the role of Parliament and the judiciary during a state of emergency. They said the suspension of Parliament under the emergency had no effect under the Federal Constitution. Edmund Bon represented the NGOs.

PAS trio seek to oppose NGOs’ challenge over state of emergency in court

Free Malaysia Today | Three PAS representatives filed an application to oppose the suit by seven NGOs regarding the state of emergency. Representing the NGOs, lawyer Edmund Bon said his clients filed several legal questions for the Federal Court to determine, including whether the 1981 constitutional amendment to entirely oust the jurisdiction of the courts is unconstitutional.

Reviewing the decision of Myanmar nationals’ deportation

Astro Awani | New Sin Yew shared how the decision of the DG of the Immigration Department could be considered procedural non-compliance as his actions were illegal and inconsistent with Federal Constitution and the Child Act 2001, among others.