NGOs file suit questioning emergency

Free Malaysia Today | A public interest suit was filed by seven NGOs through Messrs AmerBON. “The loss of such checks and balances in our parliamentary democracy would have long-term irrevocable impact that could ruin our country, as an unchecked government could turn draconian and kleptocratic,” said Bersih 2.0 chairman Thomas Fann, commenting on the Emergency Ordinance.

After Anwar and Dr M loyalist, NGOs mount court challenge against Emergency

Malay Mail | Constitutional lawyer Edmund Bon said that this suit differed from others because it raises questions on the Emergency Ordinance which appears to circumvent constitutional safeguards by suspending the Parliament. This affects the work of groups fighting for reform such as Bersih 2.0 as they are unable to access and seek recourse at parliamentary sittings.

Lawyers worry over expanded ‘draconian’ govt powers

Malaysiakini | The Emergency (Essential Powers) Ordinance 2021 takes away elections in Malaysia indefinitely, suspends Parliament and State Legislatures, and gives the government wide powers to acquire private property, critiqued lawyer New Sin Yew. This is no democracy.

A 101 ON EMERGENCY 2021

BFM | Article 150(1) of the Federal Constitution provides for a proclamation of emergency if security, economic life, or public order in the country is threatened. New Sin Yew mused that an emergency would not stop the spread of a pandemic; the coronavirus would not run away. He explained the suspension of Parliament, safeguards in Article 150(3), the role of the Yang di-Pertuan Agong, and what dissatisfied citizens can do when democracy has been put on lockdown.

No check on PM’s powers as Parliament suspended – lawyers

Malaysiakini | Prime Minister Muhyiddin Yassin announced that Dewan Rakyat sittings are suspended during the emergency. According to constitutional lawyer New Sin Yew, this amounted to a disappearance of checks and balances on the actions of the government.

Court to decide if members of Ahmadiyya are Muslims

Free Malaysia Today | The High Court fixed 19 March to determine whether 39 individuals who professed the Ahmadiyya belief are Muslims by original faith or otherwise, which would decide whether the religious court had authority over them. In 2018, the High Court ruled that JAIS had no jurisdiction over the Ahmadiyya community. Lawyer Michael Cheah represented the individuals.

Federal Court reserves decision in appeal by ex staff of former Selangor MB

The Sun Daily | Lawyers Edmund Bon and New Sin Yew represented seven former staff of MBI Selangor in their appeal to the Federal Court. Edmund argued, because the MB was the sole legal entity under MBI Selangor, the MB did not need to seek approval from the board of directors for VSS payments made to the staff.

Art Harun stays as speaker, Mahathir’s suit dismissed

Malaysiakini | The High Court ruled that Article 63(1) of the Federal Constitution prevents the court from examining the validity of Parliament proceedings on the removal and appointment of the speaker and deputy speaker. Lawyer Amer Hamzah Arshad commended the court for a lengthy and clear judgment.

Federal Court to hear appeal on RM2.7 mil ‘golden handshake’ for ex-MB’s aides

Free Malaysia Today | The Federal Court will hear on 6 January an appeal by former staff of then Selangor MB against an order to return the voluntary separation scheme compensation paid to them. Edmund Bon and Hoe Sue Lu represented the eight appellants in the case, the first of its kind, which will have implications for the MBI in five states.

Can you sue a carpark operator?

BFM | Sunway Parking Services was ordered to pay RM117,000 in damages to a car rental company for the theft of a vehicle in its parking premises. Lawyer New Sin Yew offered his legal opinion on the liability of car park operators for car thefts, which depends on the relationship between the car owner and car park operator.

Law & Behold #34: Budget 2021

BFM | The Dewan Rakyat passed the second reading of the RM322.5 billion (US$79 billion) Budget 2021 yesterday, the largest budget ever tabled in Malaysia. New Sin Yew joined Emeritus Professor Datuk Dr Shad Saleem Faruqi to explain the policy and committee stages of the budget debate, and what would happen if the budget failed to be passed.

Consider This: Parliament – Speaker’s powers unlimited?

Astro Awani | New Sin Yew shared his views on whether the limitation of only 80 MPs at any one time during Dewan Rakyat sessions is against democratic practices. He noted that the limit may be acceptable during budget debates, but not during voting.

The ’emergency’: Agong’s two options after he meets Malay rulers

Malaysiakini | Constitutional lawyer New Sin Yew noted that while the Agong must act in accordance with the government’s advice as required by Article 40 of the Federal Constitution, in reality, the government cannot ignore the influence and power of our Royal Institution when it comes to decision-making.

COVID-19 patients have constitutional right to vote – lawyers, Bersih

Malaysiakini | The government announced that COVID-19 patients would not be allowed to vote in the Sabah polls. Lawyer New Sin Yew said the government had no right to do so and should instead provide “reasonable assistance” for COVID-19 patients to vote. The right to vote is enshrined under Article 119(1) of the Federal Constitution.

Decision on application to strike out Dr M’s suit on Dewan Rakyat Speaker on Nov 10

News Straits Times | Counsel Amer Hamzah Arshad argued that the Standing Orders of the Dewan Rakyat were made pursuant to Article 62(1) of the Federal Constitution which empowers the Parliament to regulate its own procedure. Hence, the Speaker and Deputy Speaker had acted within the confines of the power conferred on them. Amer was assisted by New Sin Yew, Hoe Sue Lu and Lee Yee Woei.

NGOs file suit questioning emergency

Free Malaysia Today | A public interest suit was filed by seven NGOs through Messrs AmerBON. “The loss of such checks and balances in our parliamentary democracy would have long-term irrevocable impact that could ruin our country, as an unchecked government could turn draconian and kleptocratic,” said Bersih 2.0 chairman Thomas Fann, commenting on the Emergency Ordinance.

After Anwar and Dr M loyalist, NGOs mount court challenge against Emergency

Malay Mail | Constitutional lawyer Edmund Bon said that this suit differed from others because it raises questions on the Emergency Ordinance which appears to circumvent constitutional safeguards by suspending the Parliament. This affects the work of groups fighting for reform such as Bersih 2.0 as they are unable to access and seek recourse at parliamentary sittings.

Lawyers worry over expanded ‘draconian’ govt powers

Malaysiakini | The Emergency (Essential Powers) Ordinance 2021 takes away elections in Malaysia indefinitely, suspends Parliament and State Legislatures, and gives the government wide powers to acquire private property, critiqued lawyer New Sin Yew. This is no democracy.

A 101 ON EMERGENCY 2021

BFM | Article 150(1) of the Federal Constitution provides for a proclamation of emergency if security, economic life, or public order in the country is threatened. New Sin Yew mused that an emergency would not stop the spread of a pandemic; the coronavirus would not run away. He explained the suspension of Parliament, safeguards in Article 150(3), the role of the Yang di-Pertuan Agong, and what dissatisfied citizens can do when democracy has been put on lockdown.

No check on PM’s powers as Parliament suspended – lawyers

Malaysiakini | Prime Minister Muhyiddin Yassin announced that Dewan Rakyat sittings are suspended during the emergency. According to constitutional lawyer New Sin Yew, this amounted to a disappearance of checks and balances on the actions of the government.

Court to decide if members of Ahmadiyya are Muslims

Free Malaysia Today | The High Court fixed 19 March to determine whether 39 individuals who professed the Ahmadiyya belief are Muslims by original faith or otherwise, which would decide whether the religious court had authority over them. In 2018, the High Court ruled that JAIS had no jurisdiction over the Ahmadiyya community. Lawyer Michael Cheah represented the individuals.

Federal Court reserves decision in appeal by ex staff of former Selangor MB

The Sun Daily | Lawyers Edmund Bon and New Sin Yew represented seven former staff of MBI Selangor in their appeal to the Federal Court. Edmund argued, because the MB was the sole legal entity under MBI Selangor, the MB did not need to seek approval from the board of directors for VSS payments made to the staff.

Art Harun stays as speaker, Mahathir’s suit dismissed

Malaysiakini | The High Court ruled that Article 63(1) of the Federal Constitution prevents the court from examining the validity of Parliament proceedings on the removal and appointment of the speaker and deputy speaker. Lawyer Amer Hamzah Arshad commended the court for a lengthy and clear judgment.

Federal Court to hear appeal on RM2.7 mil ‘golden handshake’ for ex-MB’s aides

Free Malaysia Today | The Federal Court will hear on 6 January an appeal by former staff of then Selangor MB against an order to return the voluntary separation scheme compensation paid to them. Edmund Bon and Hoe Sue Lu represented the eight appellants in the case, the first of its kind, which will have implications for the MBI in five states.

Can you sue a carpark operator?

BFM | Sunway Parking Services was ordered to pay RM117,000 in damages to a car rental company for the theft of a vehicle in its parking premises. Lawyer New Sin Yew offered his legal opinion on the liability of car park operators for car thefts, which depends on the relationship between the car owner and car park operator.

Law & Behold #34: Budget 2021

BFM | The Dewan Rakyat passed the second reading of the RM322.5 billion (US$79 billion) Budget 2021 yesterday, the largest budget ever tabled in Malaysia. New Sin Yew joined Emeritus Professor Datuk Dr Shad Saleem Faruqi to explain the policy and committee stages of the budget debate, and what would happen if the budget failed to be passed.

Consider This: Parliament – Speaker’s powers unlimited?

Astro Awani | New Sin Yew shared his views on whether the limitation of only 80 MPs at any one time during Dewan Rakyat sessions is against democratic practices. He noted that the limit may be acceptable during budget debates, but not during voting.

The ’emergency’: Agong’s two options after he meets Malay rulers

Malaysiakini | Constitutional lawyer New Sin Yew noted that while the Agong must act in accordance with the government’s advice as required by Article 40 of the Federal Constitution, in reality, the government cannot ignore the influence and power of our Royal Institution when it comes to decision-making.

COVID-19 patients have constitutional right to vote – lawyers, Bersih

Malaysiakini | The government announced that COVID-19 patients would not be allowed to vote in the Sabah polls. Lawyer New Sin Yew said the government had no right to do so and should instead provide “reasonable assistance” for COVID-19 patients to vote. The right to vote is enshrined under Article 119(1) of the Federal Constitution.

Decision on application to strike out Dr M’s suit on Dewan Rakyat Speaker on Nov 10

News Straits Times | Counsel Amer Hamzah Arshad argued that the Standing Orders of the Dewan Rakyat were made pursuant to Article 62(1) of the Federal Constitution which empowers the Parliament to regulate its own procedure. Hence, the Speaker and Deputy Speaker had acted within the confines of the power conferred on them. Amer was assisted by New Sin Yew, Hoe Sue Lu and Lee Yee Woei.