Media

Is one-day parliament sitting constitutional?

BFM | Is the separation of powers between the executive, legislative and judicial arms of the government being undermined? Is the excuse of COVID-19 valid, when the Parliament is allowed to make laws even under a state of emergency according to Article 150 of the Federal Constitution? Constitutional lawyer New Sin Yew spoke to BFM on these issues.

Cops question journo over immigration raid tweets, says lawyer

Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.

Federal gov’t cannot compel states to reopen economy in conditional MCO: Lawyers

Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.

Postponed: Hearing of Musa Aman’s bid to strike out 46 graft, money laundering charges

The Star | Lead counsel Amer Hamzah Arshad said that the hearing of former Sabah chief minister Tan Sri Musa Aman’s application to strike out his 46 counts of corruption and money laundering has been postponed due to delays resulting from the Movement Control Order (MCO). Musa had filed the application on the grounds that the charges were baseless.

Court to hear on RM1.2 mil ‘golden handshake’ for aides to ousted MB Khalid

Free Malaysia Today | The Federal Court will hear next month an appeal by two then senior staff of former Selangor Menteri Besar Khalid Ibrahim on the order to return their ‘golden handshake’ payments amounting to RM1.2 million. Lawyer Edmund Bon, who is appearing for the applicants, submitted four legal questions, including on whether Menteri Besar Incorporated is a corporation sole or corporate aggregate.

‘Stop sending MCO violators to jail’

The Star | The Prisons Department has asked the judiciary to stop jailing violators of the movement control order to avoid overcrowding in prisons, which could lead to the spread of the coronavirus. Criminal lawyer Amer Hamzah Arshad urged the Court take into account the unprecedented situation of the pandemic when meting out sentences.

Judges duty-bound to provide grounds for judgments, say lawyers

Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.

The case against party hopping

BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.

Pakatan Harapan’s statutory declarations for Tun M

BFM | As the Istana Negara confirmed that Tan Sri Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.

Is Mahathir powerless now?

Rabbit Hole Magazine | A commentary on how Prime Minister Mahathir Mohamad who seemed like the most powerful man in the country fell from grace within a week. New Sin Yew’s analysis on the Mahathir’s actions was quoted.

What an interim prime minister can do

BFM | BFM talked to constitutional lawyer New Sin Yew about Tun Mahathir’s resignation and the possible scenarios that can unfold. The Prime Minister’s resignation will not be formalised until there is someone else who can command the confidence of the majority in Parliament, or if the Yang di-Pertuan Agong dissolves the House of Representatives.

SeedPeak welcomes Amer

SeedPeak | AmerBON’s lawyer-runner-triathlete, Amer Hamzah Arshad, is now sponsored by SeedPeak.

Death sentence – committee submits report on alternatives

Malaysiakini | The special committee to review alternative sentences to the mandatory death penalty has submitted its report to the government after consultations with international experts, families of crime victims, families of prisoners on death row, prisoners on death rows themselves, government agencies, religious groups, civil society as well as government and opposition Members of Parliament. Edmund Bon was a member of the special committee.

Sungai Kim Kim case: Judge visits used tyre processing factory site

The Malaysian Reserve | Sessions Court judge for the case of the disposal of toxic waste into Sungai Kim Kim last March visited the tyre processing factory in the Tanjung Langsat Industrial Area, Johor Bahru. Also present were other interested parties in the case, and counsel Joshua Tay who represented one of the company directors, Sim Wei Der.

Lawyers pull balancing act in Bar Council election

Free Malaysia Today | Lawyers in the country have pulled off a balancing act in electing an equal number of direct members from two opposing camps to manage the 2020/2021 Bar Council. Of the 12 council members elected, six are from the “Star” team, including AmerBON’s New Sin Yew.

Sg Kim Kim pollution trial begins

Malaysiakini | The trial on the Sungai Kim Kim chemical dumping case began in the Sessions Court in Johor Bahru today. Among the accused was Sim Wei Der from Singapore, represented by counsel Joshua Tay.

Unfair to compare Yazid Sufaat to LTTE suspects – Yazid’s lawyers

Malaysiakini | Responding to Klang MP Charles Santiago’s article comparing the SOSMA cases of Yazid Sufaat and the LTTE detainees, counsel Amer Hamzah, New Sin Yew, and Joshua Tay argued that those who oppose laws on detention without trial should oppose its use against everyone, regardless of race, religion or political ideology.

Is one-day parliament sitting constitutional?

BFM | Is the separation of powers between the executive, legislative and judicial arms of the government being undermined? Is the excuse of COVID-19 valid, when the Parliament is allowed to make laws even under a state of emergency according to Article 150 of the Federal Constitution? Constitutional lawyer New Sin Yew spoke to BFM on these issues.

Cops question journo over immigration raid tweets, says lawyer

Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.

Federal gov’t cannot compel states to reopen economy in conditional MCO: Lawyers

Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.

Postponed: Hearing of Musa Aman’s bid to strike out 46 graft, money laundering charges

The Star | Lead counsel Amer Hamzah Arshad said that the hearing of former Sabah chief minister Tan Sri Musa Aman’s application to strike out his 46 counts of corruption and money laundering has been postponed due to delays resulting from the Movement Control Order (MCO). Musa had filed the application on the grounds that the charges were baseless.

Court to hear on RM1.2 mil ‘golden handshake’ for aides to ousted MB Khalid

Free Malaysia Today | The Federal Court will hear next month an appeal by two then senior staff of former Selangor Menteri Besar Khalid Ibrahim on the order to return their ‘golden handshake’ payments amounting to RM1.2 million. Lawyer Edmund Bon, who is appearing for the applicants, submitted four legal questions, including on whether Menteri Besar Incorporated is a corporation sole or corporate aggregate.

‘Stop sending MCO violators to jail’

The Star | The Prisons Department has asked the judiciary to stop jailing violators of the movement control order to avoid overcrowding in prisons, which could lead to the spread of the coronavirus. Criminal lawyer Amer Hamzah Arshad urged the Court take into account the unprecedented situation of the pandemic when meting out sentences.

Judges duty-bound to provide grounds for judgments, say lawyers

Free Malaysia Today | The Federal Court order to rehear a Thai national’s appeal against the death sentence sends an important message. Lawyer Amer Hamzah Arshad said it is the constitutional duty of judges to provide a speaking or reasoned decision for a verdict. This would inspire public confidence in the administration of justice.

The case against party hopping

BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.

Pakatan Harapan’s statutory declarations for Tun M

BFM | As the Istana Negara confirmed that Tan Sri Muhyiddin Yassin would be the eighth Prime Minister of Malaysia, New Sin Yew emphasised the importance of going back to the Dewan Rakyat for a confidence vote, through a transparent parliamentary process. Statutory declarations should not be relied upon as they have been abused in Malaysia and have paved the way for corruption and horse-trading.

Is Mahathir powerless now?

Rabbit Hole Magazine | A commentary on how Prime Minister Mahathir Mohamad who seemed like the most powerful man in the country fell from grace within a week. New Sin Yew’s analysis on the Mahathir’s actions was quoted.

What an interim prime minister can do

BFM | BFM talked to constitutional lawyer New Sin Yew about Tun Mahathir’s resignation and the possible scenarios that can unfold. The Prime Minister’s resignation will not be formalised until there is someone else who can command the confidence of the majority in Parliament, or if the Yang di-Pertuan Agong dissolves the House of Representatives.

SeedPeak welcomes Amer

SeedPeak | AmerBON’s lawyer-runner-triathlete, Amer Hamzah Arshad, is now sponsored by SeedPeak.

Death sentence – committee submits report on alternatives

Malaysiakini | The special committee to review alternative sentences to the mandatory death penalty has submitted its report to the government after consultations with international experts, families of crime victims, families of prisoners on death row, prisoners on death rows themselves, government agencies, religious groups, civil society as well as government and opposition Members of Parliament. Edmund Bon was a member of the special committee.

Sungai Kim Kim case: Judge visits used tyre processing factory site

The Malaysian Reserve | Sessions Court judge for the case of the disposal of toxic waste into Sungai Kim Kim last March visited the tyre processing factory in the Tanjung Langsat Industrial Area, Johor Bahru. Also present were other interested parties in the case, and counsel Joshua Tay who represented one of the company directors, Sim Wei Der.

Lawyers pull balancing act in Bar Council election

Free Malaysia Today | Lawyers in the country have pulled off a balancing act in electing an equal number of direct members from two opposing camps to manage the 2020/2021 Bar Council. Of the 12 council members elected, six are from the “Star” team, including AmerBON’s New Sin Yew.

Sg Kim Kim pollution trial begins

Malaysiakini | The trial on the Sungai Kim Kim chemical dumping case began in the Sessions Court in Johor Bahru today. Among the accused was Sim Wei Der from Singapore, represented by counsel Joshua Tay.

Unfair to compare Yazid Sufaat to LTTE suspects – Yazid’s lawyers

Malaysiakini | Responding to Klang MP Charles Santiago’s article comparing the SOSMA cases of Yazid Sufaat and the LTTE detainees, counsel Amer Hamzah, New Sin Yew, and Joshua Tay argued that those who oppose laws on detention without trial should oppose its use against everyone, regardless of race, religion or political ideology.