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Pinda Artikel 145 langkah utama asing kuasa Peguam Negara, Pendakwa Raya

December 8, 2022

Berita Harian | Pengamal undang-undang Amer Hamzah Arshad berkata, menurut Artikel 145(2), peranan Peguam Negara ialah menasihati YDPA, Kabinet atau menteri, manakala Artikel 145(3) menyatakan Peguam Negara mempunyai kuasa untuk mendakwa kes-kes jenayah bagi pihak awam, sebagai Pendakwa Raya yang perlu bertindak secara bebas dan tanpa tekanan daripada mana-mana pihak. Perkara itu kritikal apabila wujud kes jenayah dan pendakwaan yang membabitkan ahli badan eksekutif.

Freedom of speech shields PN man’s ‘kerajaan zina’ comment, say lawyers

December 2, 2022

Free Malaysia Today | Padang Serai election candidate Azman Nasrudin’s likened the unity government to a promiscuous relationship, but lawyers Fahri Azzat and Jacqueline Albert believed he did not commit a crime. Jacqueline acknowledged that Azman’s remarks may be unpleasant but his actions were lawful as he did not threaten national security or incite violence or hate.

Malaysian Bar sues police, govt for wrongful detention

November 30, 2022

The Star | The writ of summons was filed through Messrs AmerBON on Oct 20, naming ACP Noor Dellhan Yahaya (in his capacity as Dang Wangi OCPD), DSP Nuzulan Mohd Din (in his capacity as Dang Wangi CID chief), the police, Inspector-General of Police, Home Minister and government of Malaysia as the first, second, third, fourth, fifth and sixth defendants, respectively.

Bar seeks compensation from cops for barring march to Parliament

November 29, 2022

Malaysiakini | The plaintiffs contended the defendants violated their fundamental right to personal liberty, equality before the law, freedom of movement, and freedom of assembly, as enshrined under Articles 5, 8, 9, and 10 of the Federal Constitution, when the police prevented them from marching during the Walk for Judicial Independence. The writ of summons was filed by AmerBON in the KL High Court.

Malaysian coalitions start maneuvering after hung Parliament

November 20, 2022

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

November 17, 2022

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Aker Engineering senior deputy president applies to strike out charge under Companies Act

November 16, 2022

The Edge Markets | Lawyer Amer Hamzah Arshad is representing two employees of Aker Engineering Malaysia applying to quash charges against them that are deemed defective and with malicious intent. The MACC was said to have no jurisdiction to bring charges under the Companies Act against the first accused and have abused its power against the second.

Pegawai kanan Aker Engineering mohon batal pertuduhan

November 16, 2022

Utusan Malaysia | Peguam Amer Hamzah Arshad mewakili kedua-dua pemohon. Pemohon pertama didakwa mengelirukan Pendaftar Syarikat dengan mengemukakan pernyataan palsu mengikut seksyen 591(2)(a) Akta Syarikat 2016, manakala pemohon kedua didakwa menggunakan dokumen palsu sama sebagai dokumen sokongan, mengikut seksyen seksyen 471 Kanun Keseksaan.

Democracy is a messy business

November 14, 2022

BFM | What happens if no political coalition wins a majority of parliamentary seats? New Sin Yew shared with BFM about the challenges of a hung parliament and how a transition of power should happen.

Apex court reserves judgment over MACC probe against SRC judge

November 10, 2022

Malaysiakini | Lawyer New Sin Yew appeared for the Malaysian Bar as amicus curiae. At the centre of the application to the apex court are the issues of whether the criminal investigating bodies and the Public Prosecutor can initiate criminal court proceedings against a serving judge of the superior courts.

Dec 7 verdict on legal action by Johor voter barred from voting

October 31, 2022

Malaysiakini | KL High Court judge Amarjeet Singh heard oral submissions from counsel New Sin Yew who acted for a Johor voter in his legal challenge over being prevented from casting his vote due to COVID-19. Electoral watchdog Bersih argued that the authorities’ move to prevent COVID-19 patients from voting violates their constitutional right.

Social: Helping SMEs uphold human rights

October 20, 2022

The Edge Markets | SMEs, the backbone of supply chains, are at risk of losing out if they don’t change their business approach with respect to the environment and labour. Edmund Bon and other human rights experts sought to translate the corporate responsibility to protect human rights and the environment into tangible and simple tools for SMEs.

Malaysia deports Myanmar asylum seekers despite dangers back home – sources

October 19, 2022

Reuters | Despite criticisms, Malaysia is planning to deport more Myanmar nationals. One man has mounted a legal challenge against his detention and possible deportation, according to his lawyer, New Sin Yew. The man had been involved in the Myanmar civil disobedience movement, had sought asylum in Malaysia, and applied for UNHCR protection.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

October 14, 2022

The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.

NGOs, PKR leaders fail again to raise questions on Emergency

October 12, 2022

Free Malaysia Today | A three-member Court of Appeal bench said the High Court did not commit any appealable error to warrant an intervention, but ordered no costs as the issue was of public interest. The bench also dismissed a preliminary objection by federal counsel that any decision on constitutional reference applications before a High Court was not appealable. Edmund Bon represented the NGOs.

Pinda Artikel 145 langkah utama asing kuasa Peguam Negara, Pendakwa Raya

December 8, 2022

Berita Harian | Pengamal undang-undang Amer Hamzah Arshad berkata, menurut Artikel 145(2), peranan Peguam Negara ialah menasihati YDPA, Kabinet atau menteri, manakala Artikel 145(3) menyatakan Peguam Negara mempunyai kuasa untuk mendakwa kes-kes jenayah bagi pihak awam, sebagai Pendakwa Raya yang perlu bertindak secara bebas dan tanpa tekanan daripada mana-mana pihak. Perkara itu kritikal apabila wujud kes jenayah dan pendakwaan yang membabitkan ahli badan eksekutif.

Freedom of speech shields PN man’s ‘kerajaan zina’ comment, say lawyers

December 2, 2022

Free Malaysia Today | Padang Serai election candidate Azman Nasrudin’s likened the unity government to a promiscuous relationship, but lawyers Fahri Azzat and Jacqueline Albert believed he did not commit a crime. Jacqueline acknowledged that Azman’s remarks may be unpleasant but his actions were lawful as he did not threaten national security or incite violence or hate.

Malaysian Bar sues police, govt for wrongful detention

November 30, 2022

The Star | The writ of summons was filed through Messrs AmerBON on Oct 20, naming ACP Noor Dellhan Yahaya (in his capacity as Dang Wangi OCPD), DSP Nuzulan Mohd Din (in his capacity as Dang Wangi CID chief), the police, Inspector-General of Police, Home Minister and government of Malaysia as the first, second, third, fourth, fifth and sixth defendants, respectively.

Bar seeks compensation from cops for barring march to Parliament

November 29, 2022

Malaysiakini | The plaintiffs contended the defendants violated their fundamental right to personal liberty, equality before the law, freedom of movement, and freedom of assembly, as enshrined under Articles 5, 8, 9, and 10 of the Federal Constitution, when the police prevented them from marching during the Walk for Judicial Independence. The writ of summons was filed by AmerBON in the KL High Court.

Malaysian coalitions start maneuvering after hung Parliament

November 20, 2022

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

November 17, 2022

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Aker Engineering senior deputy president applies to strike out charge under Companies Act

November 16, 2022

The Edge Markets | Lawyer Amer Hamzah Arshad is representing two employees of Aker Engineering Malaysia applying to quash charges against them that are deemed defective and with malicious intent. The MACC was said to have no jurisdiction to bring charges under the Companies Act against the first accused and have abused its power against the second.

Pegawai kanan Aker Engineering mohon batal pertuduhan

November 16, 2022

Utusan Malaysia | Peguam Amer Hamzah Arshad mewakili kedua-dua pemohon. Pemohon pertama didakwa mengelirukan Pendaftar Syarikat dengan mengemukakan pernyataan palsu mengikut seksyen 591(2)(a) Akta Syarikat 2016, manakala pemohon kedua didakwa menggunakan dokumen palsu sama sebagai dokumen sokongan, mengikut seksyen seksyen 471 Kanun Keseksaan.

Democracy is a messy business

November 14, 2022

BFM | What happens if no political coalition wins a majority of parliamentary seats? New Sin Yew shared with BFM about the challenges of a hung parliament and how a transition of power should happen.

Apex court reserves judgment over MACC probe against SRC judge

November 10, 2022

Malaysiakini | Lawyer New Sin Yew appeared for the Malaysian Bar as amicus curiae. At the centre of the application to the apex court are the issues of whether the criminal investigating bodies and the Public Prosecutor can initiate criminal court proceedings against a serving judge of the superior courts.

Dec 7 verdict on legal action by Johor voter barred from voting

October 31, 2022

Malaysiakini | KL High Court judge Amarjeet Singh heard oral submissions from counsel New Sin Yew who acted for a Johor voter in his legal challenge over being prevented from casting his vote due to COVID-19. Electoral watchdog Bersih argued that the authorities’ move to prevent COVID-19 patients from voting violates their constitutional right.

Social: Helping SMEs uphold human rights

October 20, 2022

The Edge Markets | SMEs, the backbone of supply chains, are at risk of losing out if they don’t change their business approach with respect to the environment and labour. Edmund Bon and other human rights experts sought to translate the corporate responsibility to protect human rights and the environment into tangible and simple tools for SMEs.

Malaysia deports Myanmar asylum seekers despite dangers back home – sources

October 19, 2022

Reuters | Despite criticisms, Malaysia is planning to deport more Myanmar nationals. One man has mounted a legal challenge against his detention and possible deportation, according to his lawyer, New Sin Yew. The man had been involved in the Myanmar civil disobedience movement, had sought asylum in Malaysia, and applied for UNHCR protection.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

October 14, 2022

The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.

NGOs, PKR leaders fail again to raise questions on Emergency

October 12, 2022

Free Malaysia Today | A three-member Court of Appeal bench said the High Court did not commit any appealable error to warrant an intervention, but ordered no costs as the issue was of public interest. The bench also dismissed a preliminary objection by federal counsel that any decision on constitutional reference applications before a High Court was not appealable. Edmund Bon represented the NGOs.