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

May 18, 2022

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

May 8, 2022

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.

Analysis: Allow refugees to work so they can contribute to Malaysian economy

April 29, 2022

Bernama | The breakout at the temporary immigration detention centre in Sungai Bakap, Penang, renewed calls for a legal framework and policy to deal with refugees, especially Rohingyas. “The ideal thing is to have an agreement among Southeast Asian nations on who takes who and how to do verification with the UNHCR,” said Edmund Bon, the former Malaysian representative to AICHR.

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

April 25, 2022

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

April 25, 2022

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan aktivis Heidy Quah daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen. New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998 ini, ia satu penyalahgunaan mahkamah.

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

April 25, 2022

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

April 25, 2022

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

April 25, 2022

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

April 20, 2022

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?

April 12, 2022

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

April 9, 2022

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

April 9, 2022

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

April 9, 2022

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

April 8, 2022

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.

Constitutional bill to regulate party membership in lieu of anti-hopping law

April 8, 2022

Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.

High Court sets May 18 to decide whether pandemic-driven emergency proclamation validity questions can be referred to apex court

April 6, 2022

The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.

Minister confirms anti-hopping bill deferred — report

April 6, 2022

Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.

Anti-hopping law: The ins and the outs

March 31, 2022

BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.

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

May 18, 2022

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

May 8, 2022

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.

Analysis: Allow refugees to work so they can contribute to Malaysian economy

April 29, 2022

Bernama | The breakout at the temporary immigration detention centre in Sungai Bakap, Penang, renewed calls for a legal framework and policy to deal with refugees, especially Rohingyas. “The ideal thing is to have an agreement among Southeast Asian nations on who takes who and how to do verification with the UNHCR,” said Edmund Bon, the former Malaysian representative to AICHR.

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

April 25, 2022

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

April 25, 2022

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan aktivis Heidy Quah daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen. New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998 ini, ia satu penyalahgunaan mahkamah.

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

April 25, 2022

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

April 25, 2022

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

April 25, 2022

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

April 20, 2022

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?

April 12, 2022

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

April 9, 2022

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

April 9, 2022

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

April 9, 2022

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

April 8, 2022

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.

Constitutional bill to regulate party membership in lieu of anti-hopping law

April 8, 2022

Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.

High Court sets May 18 to decide whether pandemic-driven emergency proclamation validity questions can be referred to apex court

April 6, 2022

The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.

Minister confirms anti-hopping bill deferred — report

April 6, 2022

Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.

Anti-hopping law: The ins and the outs

March 31, 2022

BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.