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Can the police still issue up to RM10,000 compounds under ‘revoked’ Emergency Ordinances? Lawyers explain

July 27, 2021

Malay Mail | Lawyer New Sin Yew highlighted that the Emergency Ordinances were promulgated by the YDPA; the government could not have acted on its own to revoke the Ordinances. If the YDPA had revoked them, this needs to be published in the Gazette for the revocation to take effect. With only the law minister’s announcement, the authorities can still continue to use powers listed under the Ordinances.

Lawyer claims PN removed itself from power by ‘revoking’ ordinances

July 26, 2021

Malaysiakini | Lawyer New Sin Yew opined that emergency ordinances can only be revoked if the Agong revokes it and a gazette is published, or both Parliament houses vote to annul it. He questioned if the revocation was valid and if Takiyuddin “misled” the Dewan Rakyat with his announcement.

Emergency Ordinances revoked before Parliament

July 26, 2021

BFM | Lawyer New Sin Yew joined Prof Datuk Dr Shamsul Amri Baharuddin from the Institute of Ethnic Studies (KITA), UKM, and Dr Kelvin Yii, MP for Bandar Kuching to weigh in on the revocation of the Emergency Ordinances.

Puncak Niaga pursuing RM13.5bil suit against ex-MB, state govt, says lawyer

July 5, 2021

Free Malaysia Today | Puncak Niaga’s suit will still be pursued four years after being filed. Edmund Bon, representing former Selangor MB Abdul Khalid Ibrahim, had submitted that the suit was time-barred, but the Federal Court ruled that this needed to be properly ventilated during trial. Michael Cheah explained that this suit was delayed awaiting the outcome of a Federal Court ruling on abuse of power in public office, involving

Aug 23 hearing for Undi18’s legal action on lowering voting age

July 1, 2021

Malaysiakini | On June 17, KL High Court judge Ahmad Kamal Md Shahid granted leave to 18 youths to commence legal action for the nationwide voting age to be lowered from 21 to 18. Today, counsel New Sin Yew said the full court hearing was set for Aug 23 at 9am.

Agong’s discretion: Don’t misconstrue law to fit desired outcome – lawyer

June 28, 2021

Malaysiakini | Lawyer New Sin Yew said PH should not misconstrue established legal principles to suit their desired outcome as that would set a bad precedent. Article 40(2) of the Federal Constitution provides for matters in which the YDPA may act in his discretion. Summoning of Parliament is not one such matter.

Legal experts: Parliament should debate ordinances before emergency expires

June 28, 2021

Malaysiakini | Under Article 150(7) of the Federal Constitution, emergency ordinances have a six-month expiry after the emergency ceases to be in force. Parliament has the power to keep or end the emergency. According to lawyer New Sin Yew, should Parliament vote down the emergency proclamation, this could be interpreted as a vote of no-confidence against the premier.

Kes saman RM13.5 bilion Puncak Niaga terhadap Khalid Ibrahim dibicarakan

June 23, 2021

Harian Metro | Mahkamah Persekutuan memerintahkan kes saman RM13.5 bilion yang difailkan Puncak Niaga Holdings Bhd terhadap bekas MB Selangor Abdul Khalid Ibrahim dibicarakan di Mahkamah Tinggi Shah Alam. Hakim membuat keputusan itu selepas mendengar hujah peguam Gopal Sreenevasan yang mewakili Puncak Niaga manakala Edmund Bon Tai Soon mewakili Abdul Khalid.

Puncak Niaga’s RM13.5bil suit to go to trial – four years later

June 23, 2021

Free Malaysia Today | The Federal Court dismissed former Selangor MB Abdul Khalid Ibrahim and the Selangor government’s application for leave to appeal the Court of Appeal decision. The threshold of section 96 (on granting leave) under the Courts of Judicature Act 1964 has not been met as the High Court has not made a ruling. Edmund Bon represented Khalid.

Puncak Niaga’s RM14b suit against Khalid to go on trial

June 23, 2021

The Edge Markets | Counsel Edmund Bon, appearing with New Sin Yew and Michael Cheah, argued that the suit was time-barred; a claim for misfeasance must be filed within three years under the Public Authorities of Protection Act 1948. The Federal Court judge noted that the questions of law posed are of general importance and need to be properly ventilated in the trial.

Addressing PM Mahiaddin Md Yasin

June 18, 2021

BFM | New Sin Yew spoke about the PM’s legal name change, the Ministerial Functions Act 1969, and the consequences of using a “glamour name” instead of the name registered in MyKad. The Shah Alam High Court recently reversed a detention order signed by Muhyiddin Mohd Yassin; the procedural requirement under the law is that orders must be signed by the Home Minister — Mahiaddin Md Yasin.

Undi18: Youths win leave for judicial review of EC’s decision to delay lowering voting age

June 17, 2021

Malay Mail | The High Court judge held that the respondents — the PM, the Malaysian government and the EC — are categorised as public authorities; their decisions are amenable or subject to review by the courts. He also agreed that the 18 Malaysian youths have been adversely affected by the respondents’ decision not to enforce the lower voting age by July 2021. New Sin Yew and Beatrice Chin, together

Why deport foreigners just for breaching SOPs, ask lawyers

May 19, 2021

Free Malaysia Today | Immigration DG recently commented that foreign nationals who breach MCO SOPs could potentially be deported. While the Immigration Act gives the DG wide-ranging powers, Joshua Tay stressed that the power to remove immigrants should only be exercised if there are good grounds to do so. The police or health ministry would be in a better position to take action against the violation of MCO SOPs.

High Court to hear NGOs’ bid to refer Emergency Ordinance questions to Federal Court

May 3, 2021

The Edge Markets | The High Court will hear on July 22 an application by seven NGOs to refer questions of law related to the Emergency to the Federal Court. Lawyer New Sin Yew said this application cannot be deemed academic even if the Emergency ends, as they are challenging the ouster clause in Article 150(8) of the Federal Constitution, which excludes the court’s scrutiny over emergency declarations and ordinances.

Can the police still issue up to RM10,000 compounds under ‘revoked’ Emergency Ordinances? Lawyers explain

July 27, 2021

Malay Mail | Lawyer New Sin Yew highlighted that the Emergency Ordinances were promulgated by the YDPA; the government could not have acted on its own to revoke the Ordinances. If the YDPA had revoked them, this needs to be published in the Gazette for the revocation to take effect. With only the law minister’s announcement, the authorities can still continue to use powers listed under the Ordinances.

Lawyer claims PN removed itself from power by ‘revoking’ ordinances

July 26, 2021

Malaysiakini | Lawyer New Sin Yew opined that emergency ordinances can only be revoked if the Agong revokes it and a gazette is published, or both Parliament houses vote to annul it. He questioned if the revocation was valid and if Takiyuddin “misled” the Dewan Rakyat with his announcement.

Emergency Ordinances revoked before Parliament

July 26, 2021

BFM | Lawyer New Sin Yew joined Prof Datuk Dr Shamsul Amri Baharuddin from the Institute of Ethnic Studies (KITA), UKM, and Dr Kelvin Yii, MP for Bandar Kuching to weigh in on the revocation of the Emergency Ordinances.

Puncak Niaga pursuing RM13.5bil suit against ex-MB, state govt, says lawyer

July 5, 2021

Free Malaysia Today | Puncak Niaga’s suit will still be pursued four years after being filed. Edmund Bon, representing former Selangor MB Abdul Khalid Ibrahim, had submitted that the suit was time-barred, but the Federal Court ruled that this needed to be properly ventilated during trial. Michael Cheah explained that this suit was delayed awaiting the outcome of a Federal Court ruling on abuse of power in public office, involving

Aug 23 hearing for Undi18’s legal action on lowering voting age

July 1, 2021

Malaysiakini | On June 17, KL High Court judge Ahmad Kamal Md Shahid granted leave to 18 youths to commence legal action for the nationwide voting age to be lowered from 21 to 18. Today, counsel New Sin Yew said the full court hearing was set for Aug 23 at 9am.

Agong’s discretion: Don’t misconstrue law to fit desired outcome – lawyer

June 28, 2021

Malaysiakini | Lawyer New Sin Yew said PH should not misconstrue established legal principles to suit their desired outcome as that would set a bad precedent. Article 40(2) of the Federal Constitution provides for matters in which the YDPA may act in his discretion. Summoning of Parliament is not one such matter.

Legal experts: Parliament should debate ordinances before emergency expires

June 28, 2021

Malaysiakini | Under Article 150(7) of the Federal Constitution, emergency ordinances have a six-month expiry after the emergency ceases to be in force. Parliament has the power to keep or end the emergency. According to lawyer New Sin Yew, should Parliament vote down the emergency proclamation, this could be interpreted as a vote of no-confidence against the premier.

Kes saman RM13.5 bilion Puncak Niaga terhadap Khalid Ibrahim dibicarakan

June 23, 2021

Harian Metro | Mahkamah Persekutuan memerintahkan kes saman RM13.5 bilion yang difailkan Puncak Niaga Holdings Bhd terhadap bekas MB Selangor Abdul Khalid Ibrahim dibicarakan di Mahkamah Tinggi Shah Alam. Hakim membuat keputusan itu selepas mendengar hujah peguam Gopal Sreenevasan yang mewakili Puncak Niaga manakala Edmund Bon Tai Soon mewakili Abdul Khalid.

Puncak Niaga’s RM13.5bil suit to go to trial – four years later

June 23, 2021

Free Malaysia Today | The Federal Court dismissed former Selangor MB Abdul Khalid Ibrahim and the Selangor government’s application for leave to appeal the Court of Appeal decision. The threshold of section 96 (on granting leave) under the Courts of Judicature Act 1964 has not been met as the High Court has not made a ruling. Edmund Bon represented Khalid.

Puncak Niaga’s RM14b suit against Khalid to go on trial

June 23, 2021

The Edge Markets | Counsel Edmund Bon, appearing with New Sin Yew and Michael Cheah, argued that the suit was time-barred; a claim for misfeasance must be filed within three years under the Public Authorities of Protection Act 1948. The Federal Court judge noted that the questions of law posed are of general importance and need to be properly ventilated in the trial.

Addressing PM Mahiaddin Md Yasin

June 18, 2021

BFM | New Sin Yew spoke about the PM’s legal name change, the Ministerial Functions Act 1969, and the consequences of using a “glamour name” instead of the name registered in MyKad. The Shah Alam High Court recently reversed a detention order signed by Muhyiddin Mohd Yassin; the procedural requirement under the law is that orders must be signed by the Home Minister — Mahiaddin Md Yasin.

Undi18: Youths win leave for judicial review of EC’s decision to delay lowering voting age

June 17, 2021

Malay Mail | The High Court judge held that the respondents — the PM, the Malaysian government and the EC — are categorised as public authorities; their decisions are amenable or subject to review by the courts. He also agreed that the 18 Malaysian youths have been adversely affected by the respondents’ decision not to enforce the lower voting age by July 2021. New Sin Yew and Beatrice Chin, together

Why deport foreigners just for breaching SOPs, ask lawyers

May 19, 2021

Free Malaysia Today | Immigration DG recently commented that foreign nationals who breach MCO SOPs could potentially be deported. While the Immigration Act gives the DG wide-ranging powers, Joshua Tay stressed that the power to remove immigrants should only be exercised if there are good grounds to do so. The police or health ministry would be in a better position to take action against the violation of MCO SOPs.

High Court to hear NGOs’ bid to refer Emergency Ordinance questions to Federal Court

May 3, 2021

The Edge Markets | The High Court will hear on July 22 an application by seven NGOs to refer questions of law related to the Emergency to the Federal Court. Lawyer New Sin Yew said this application cannot be deemed academic even if the Emergency ends, as they are challenging the ouster clause in Article 150(8) of the Federal Constitution, which excludes the court’s scrutiny over emergency declarations and ordinances.