Court grants Johor voter permission to challenge EC, govt

Malaysiakini | Counsel New Sin Yew confirmed that the KL High Court allowed a legal challenge against the EC’s decision to bar a quarantined voter from voting. Beatrice Chin also represented the applicant. Article 119 of the Federal Constitution, the Election Act 1958, and the Elections (Conduct of Elections) Regulations 1981 provide the right to vote; permission from the district health officer is not provided for.

Rejected Johor voter sues Election Commission with electoral reform group Bersih’s help

Malay Mail | A Johor voter filed a suit against the government for preventing him from voting in the March Johor state elections. Beatrice Chin said that the EC should have taken proactive measures to conduct elections during the pandemic while ensuring that voters rights are not affected. Under election laws, the EC has no grounds to deny voters rights due to quarantine regulations.

Man who killed father-in-law gets 17 years’ jail, another acquitted

Free Malaysia Today | Judge Nazlan Mohd Ghazali acquitted unemployed Said A. Zamzani of murder as the defence had created a doubt in the prosecution’s case — it was relevant to consider Said’s mental condition. Lawyers Amer Hamzah Arshad, Joshua Tay, Beatrice Chin, and Lee Yee Woei represented Said.

Emergency proclamation: High Court dismisses bid by Bersih, Malaysian Bar to refer constitutional questions to apex court

Malay Mail | The Malaysian Bar had referred 27 questions of law on the validity of Malaysia’s emergency proclamation caused by COVID-19 while Bersih 2.0 had posed seven questions on the matter to the Federal Court. The High Court dismissed the application, stating that the jurisdiction to determine the constitutional questions lies within the High Court. Edmund Bon represented Bersih 2.0.

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.

Refugee activist Heidy Quah given discharge not amounting to acquittal for improper use of network facilities

Malay Mail | The Session Court gave Refuge for the Refugees founder Heidy Quah a DNAA as the judge found that the charge against her of improper use of network facilities failed to adhere to the strict language of section 233 of the Communications and Multimedia Act 1998. Her counsel New Sin Yew said her rights under Article 5 of the Federal Constitution have been infringed by this non-compliance.

Heidy Quah dilepas tanpa dibebaskan, pertuduhan cacat

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan (DNAA) aktivis wanita, Heidy Quah, Gaik Li daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen atas sebab pertuduhan itu adalah cacat. Peguam New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998, ini merupakan satu penyalahgunaan mahkamah.

Activist Heidy Quah granted DNAA, judge rules charge ‘defective’

The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.

Heidy Quah granted DNAA over post on ‘mistreatment’ of refugees

Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.

Activist Heidy Quah gets DNAA after judge rules charge defective

Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.

Basikal lajak: A sad, long case for all

BFM | Beatrice Chin spoke to BFM about the legal process ahead in the “basikal lajak” case where a driver was convicted for causing the death of cyclists despite being previously acquitted on two occasions.

Does Article 10 amendment prevent another Sheraton Move?

BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.

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.

Court grants Johor voter permission to challenge EC, govt

Malaysiakini | Counsel New Sin Yew confirmed that the KL High Court allowed a legal challenge against the EC’s decision to bar a quarantined voter from voting. Beatrice Chin also represented the applicant. Article 119 of the Federal Constitution, the Election Act 1958, and the Elections (Conduct of Elections) Regulations 1981 provide the right to vote; permission from the district health officer is not provided for.

Rejected Johor voter sues Election Commission with electoral reform group Bersih’s help

Malay Mail | A Johor voter filed a suit against the government for preventing him from voting in the March Johor state elections. Beatrice Chin said that the EC should have taken proactive measures to conduct elections during the pandemic while ensuring that voters rights are not affected. Under election laws, the EC has no grounds to deny voters rights due to quarantine regulations.

Man who killed father-in-law gets 17 years’ jail, another acquitted

Free Malaysia Today | Judge Nazlan Mohd Ghazali acquitted unemployed Said A. Zamzani of murder as the defence had created a doubt in the prosecution’s case — it was relevant to consider Said’s mental condition. Lawyers Amer Hamzah Arshad, Joshua Tay, Beatrice Chin, and Lee Yee Woei represented Said.

Emergency proclamation: High Court dismisses bid by Bersih, Malaysian Bar to refer constitutional questions to apex court

Malay Mail | The Malaysian Bar had referred 27 questions of law on the validity of Malaysia’s emergency proclamation caused by COVID-19 while Bersih 2.0 had posed seven questions on the matter to the Federal Court. The High Court dismissed the application, stating that the jurisdiction to determine the constitutional questions lies within the High Court. Edmund Bon represented Bersih 2.0.

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.

Refugee activist Heidy Quah given discharge not amounting to acquittal for improper use of network facilities

Malay Mail | The Session Court gave Refuge for the Refugees founder Heidy Quah a DNAA as the judge found that the charge against her of improper use of network facilities failed to adhere to the strict language of section 233 of the Communications and Multimedia Act 1998. Her counsel New Sin Yew said her rights under Article 5 of the Federal Constitution have been infringed by this non-compliance.

Heidy Quah dilepas tanpa dibebaskan, pertuduhan cacat

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan (DNAA) aktivis wanita, Heidy Quah, Gaik Li daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen atas sebab pertuduhan itu adalah cacat. Peguam New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998, ini merupakan satu penyalahgunaan mahkamah.

Activist Heidy Quah granted DNAA, judge rules charge ‘defective’

The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.

Heidy Quah granted DNAA over post on ‘mistreatment’ of refugees

Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.

Activist Heidy Quah gets DNAA after judge rules charge defective

Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.

Basikal lajak: A sad, long case for all

BFM | Beatrice Chin spoke to BFM about the legal process ahead in the “basikal lajak” case where a driver was convicted for causing the death of cyclists despite being previously acquitted on two occasions.

Does Article 10 amendment prevent another Sheraton Move?

BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.

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.