Media

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 | New Sin Yew spoke 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.

10 pakar undang-undang kaji hukuman gantian mati

Harian Metro | Bekas Ketua Hakim Negara Tan Sri Richard Malanjum mengetuai Jawatankuasa Khas Kajian Hukuman Gantian Terhadap Hukuman Mati Mandatori. Selain Richard, sembilan ahli jawatankuasa itu terdiri daripada pakar perundangan, termasuk Pengasas Bersama dan Pengarah ‘Malaysian Centre for Constitutionalism and Human Rights’ (MCCHR), Edmund Bon.

I saw who hit, used hot iron on Zulfarhan: Witness in UPNM student murder trial

New Straits Times | A witness in the murder trial of National Defence University of Malaysia (UPNM) cadet officer Zulfarhan Osman Zulkarnain told the High Court that he was certain who had hit and injured the victim because he had witnessed the incident. He was cross-examined by lawyer Amer Hamzah Arshad who was representing the first and second accused in the trial.

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 | New Sin Yew spoke 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.

10 pakar undang-undang kaji hukuman gantian mati

Harian Metro | Bekas Ketua Hakim Negara Tan Sri Richard Malanjum mengetuai Jawatankuasa Khas Kajian Hukuman Gantian Terhadap Hukuman Mati Mandatori. Selain Richard, sembilan ahli jawatankuasa itu terdiri daripada pakar perundangan, termasuk Pengasas Bersama dan Pengarah ‘Malaysian Centre for Constitutionalism and Human Rights’ (MCCHR), Edmund Bon.

I saw who hit, used hot iron on Zulfarhan: Witness in UPNM student murder trial

New Straits Times | A witness in the murder trial of National Defence University of Malaysia (UPNM) cadet officer Zulfarhan Osman Zulkarnain told the High Court that he was certain who had hit and injured the victim because he had witnessed the incident. He was cross-examined by lawyer Amer Hamzah Arshad who was representing the first and second accused in the trial.