The time Amer found crime

From the Bar Stool | Lawyer Fahri Azzat reminisced about how he met Amer Hamzah Arshad and introduced him to “Dhat Boohke”, legal aid, and criminal law.

Was AG right in saying new PM is not required to hold a confidence vote? Lawyers weigh in

Malay Mail | Lawyers are divided over whether the AG was right to say that the new PM need not seek a vote of confidence in Parliament. New Sin Yew said the AG is “right” as “there is no such requirement” in the Federal Constitution. MPs could show whether they supported a government through votes on other matters such the King’s speech and the budget.

Heidy Quah sues govt over law criminalising offensive online comments

Malaysiakini | Refuge for Refugees founder Heidy Quah filed a civil lawsuit in the High Court in Shah Alam through AmerBON. She sought a court order to rule the words “offensive” and “annoy” in section 233 of the Communications and Multimedia Act invalidated for being unconstitutional.

Lawyer contends that corruption charges against Azeez won’t stand scrutiny in court

New Straits Times | Counsel Amer Hamzah Arshad argued that charges against Baling MP Abdul Azeez Abdul Rahim lacked particulars. He said, “the moment we relax the role requiring the prosecution to give proper and adequate information, the next thing we know a person could simply be charged with ‘committing an offence in Malaysia’.”

MACC cleared ex-Tabung Haji chairperson Azeez of graft, court hears

Malaysiakini | Baling MP Abdul Azeez Abdul Rahim is appealing against the Kuala Lumpur High Court decision on March 12, which rejected his application to quash the three corruption and ten money laundering charges. Lawyer Amer Hamzah Arshad contended that the charges ought to be quashed as they are brought against Azeez in mala fide (bad faith) by the prosecution.

Stay home & watch: When Lawyers Walk

BFM | Amer Hamzah Arshad and Edmund Bon spoke about civil disobedience, human rights, and the Bar Council’s Walk of Justice in 2007, documented in a film When Lawyers Walk by Mien Ly. This film is a part of Freedom Film Network’s specially curated weekend playlist themed “People’s Movement for Change”,

Reference applications on Emergency to be heard on Dec 1

Free Malaysia Today | The Malaysian Bar and a coalition of NGOs had submitted applications for the Federal Court to rule on issues related to the Emergency Proclamation and Ordinances. Appearing for the NGOs, lawyer New Sin Yew said the judge had directed parties to file their written submissions a month from today.

What are Muhyiddin’s powers as caretaker PM? Lawyers explain

Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.

The PM’s resignation – What the Federal Constitution says

BFM | “Whoever becomes PM, unless he has a convincing majority, we are going to see a repeat of what has been happening for the past year or two. It will be a situation of uncertainty where the government can be forgoed anytime.” New Sin Yew spoke to BFM about the Federal Constitution and the appointment of the PM.

What’s next after Muhyiddin’s resignation as Malaysian Prime Minister?

Channel News Asia | Malaysia’s PM announced his resignation on Monday, Aug 16. New Sin Yew, a committee member on the Malaysian Bar Council, said the appointment of a caretaker PM is more of a political rather than a legal move. Muhyiddin Yassin is still the PM, but there is an understanding that he will resign once a new PM is found.

Status quo remains, Muhyiddin still PM even if majority support lost, claims lawyer

The Star | Edmund Bon observed that the PM need not resign now, unless he sought to dissolve Parliament for elections and the King disagreed, or if an MP stepped forward claiming majority and the King agreed. A new PM with majority support can be appointed regardless of whether the incumbent PM has resigned, according to the Federal Court decision in 2010 related to the Perak constitutional crisis.

Lawyers: Remaining in office without majority not an option for PM

Malaysiakini | PM Muhyiddin Yassin cannot remain in office after conceding the loss of majority support. According to New Sin Yew, Article 43(4) of the Federal Constitution does not attach any condition to a resigning PM, for example, that he has to wait for another candidate that commands majority support. The proper thing to do would be to resign and let the process of appointing the new PM take place.

The time Amer found crime

From the Bar Stool | Lawyer Fahri Azzat reminisced about how he met Amer Hamzah Arshad and introduced him to “Dhat Boohke”, legal aid, and criminal law.

Was AG right in saying new PM is not required to hold a confidence vote? Lawyers weigh in

Malay Mail | Lawyers are divided over whether the AG was right to say that the new PM need not seek a vote of confidence in Parliament. New Sin Yew said the AG is “right” as “there is no such requirement” in the Federal Constitution. MPs could show whether they supported a government through votes on other matters such the King’s speech and the budget.

Heidy Quah sues govt over law criminalising offensive online comments

Malaysiakini | Refuge for Refugees founder Heidy Quah filed a civil lawsuit in the High Court in Shah Alam through AmerBON. She sought a court order to rule the words “offensive” and “annoy” in section 233 of the Communications and Multimedia Act invalidated for being unconstitutional.

Lawyer contends that corruption charges against Azeez won’t stand scrutiny in court

New Straits Times | Counsel Amer Hamzah Arshad argued that charges against Baling MP Abdul Azeez Abdul Rahim lacked particulars. He said, “the moment we relax the role requiring the prosecution to give proper and adequate information, the next thing we know a person could simply be charged with ‘committing an offence in Malaysia’.”

MACC cleared ex-Tabung Haji chairperson Azeez of graft, court hears

Malaysiakini | Baling MP Abdul Azeez Abdul Rahim is appealing against the Kuala Lumpur High Court decision on March 12, which rejected his application to quash the three corruption and ten money laundering charges. Lawyer Amer Hamzah Arshad contended that the charges ought to be quashed as they are brought against Azeez in mala fide (bad faith) by the prosecution.

Stay home & watch: When Lawyers Walk

BFM | Amer Hamzah Arshad and Edmund Bon spoke about civil disobedience, human rights, and the Bar Council’s Walk of Justice in 2007, documented in a film When Lawyers Walk by Mien Ly. This film is a part of Freedom Film Network’s specially curated weekend playlist themed “People’s Movement for Change”,

Reference applications on Emergency to be heard on Dec 1

Free Malaysia Today | The Malaysian Bar and a coalition of NGOs had submitted applications for the Federal Court to rule on issues related to the Emergency Proclamation and Ordinances. Appearing for the NGOs, lawyer New Sin Yew said the judge had directed parties to file their written submissions a month from today.

What are Muhyiddin’s powers as caretaker PM? Lawyers explain

Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.

The PM’s resignation – What the Federal Constitution says

BFM | “Whoever becomes PM, unless he has a convincing majority, we are going to see a repeat of what has been happening for the past year or two. It will be a situation of uncertainty where the government can be forgoed anytime.” New Sin Yew spoke to BFM about the Federal Constitution and the appointment of the PM.

What’s next after Muhyiddin’s resignation as Malaysian Prime Minister?

Channel News Asia | Malaysia’s PM announced his resignation on Monday, Aug 16. New Sin Yew, a committee member on the Malaysian Bar Council, said the appointment of a caretaker PM is more of a political rather than a legal move. Muhyiddin Yassin is still the PM, but there is an understanding that he will resign once a new PM is found.

Status quo remains, Muhyiddin still PM even if majority support lost, claims lawyer

The Star | Edmund Bon observed that the PM need not resign now, unless he sought to dissolve Parliament for elections and the King disagreed, or if an MP stepped forward claiming majority and the King agreed. A new PM with majority support can be appointed regardless of whether the incumbent PM has resigned, according to the Federal Court decision in 2010 related to the Perak constitutional crisis.

Lawyers: Remaining in office without majority not an option for PM

Malaysiakini | PM Muhyiddin Yassin cannot remain in office after conceding the loss of majority support. According to New Sin Yew, Article 43(4) of the Federal Constitution does not attach any condition to a resigning PM, for example, that he has to wait for another candidate that commands majority support. The proper thing to do would be to resign and let the process of appointing the new PM take place.