Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.
BFM | “Whoever becomes PM, unless he has a convincing majority, we are going to see a repeat of what has been happening for the past year or two. It will be a situation of uncertainty where the government can be forgoed anytime.” New Sin Yew spoke to BFM about the Federal Constitution and the appointment of the PM.
CNA | Malaysia’s PM announced his resignation on Monday, Aug 16. New Sin Yew, a committee member on the Malaysian Bar Council, said the appointment of a caretaker PM is more of a political rather than a legal move. Muhyiddin Yassin is still the PM, but there is an understanding that he will resign once a new PM is found.
The Star | Edmund Bon observed that the PM need not resign now, unless he sought to dissolve Parliament for elections and the King disagreed, or if an MP stepped forward claiming majority and the King agreed. A new PM with majority support can be appointed regardless of whether the incumbent PM has resigned, according to the Federal Court decision in 2010 related to the Perak constitutional crisis.
New Straits Times | The country’s political conundrum will remain at a stalemate unless any MP can prove that he or she has majority support and is accepted by the King. Edmund Bon urged MPs to demand more reforms from the embattled PM.
Malaysiakini | PM Muhyiddin Yassin cannot remain in office after conceding the loss of majority support. According to New Sin Yew, Article 43(4) of the Federal Constitution does not attach any condition to a resigning PM, for example, that he has to wait for another candidate that commands majority support. The proper thing to do would be to resign and let the process of appointing the new PM take place.
The Edge Markets | Bersih 2.0 and other groups that have gone to court to challenge the Emergency Proclamation are set to file additional questions on the matter within the next week. New Sin Yew appeared as counsel for the election watchdog.
Malay Mail | Lawyer New Sin Yew said PM Muhyiddin Yassin must resign if he no longer enjoys the confidence of the majority of the Dewan Rakyat. He may request for the YDPA to dissolve Parliament under Article 43(4) of the Federal Constitution; the YDPA may decline to do so under Article 40(2).
The Vibes | Constitutional lawyer New Sin Yew said following UMNO’s decision and with 107 MPs in the opposition, PM Muhyiddin Yassin no longer wields majority support. The best way to test this is through a vote of no confidence in the Dewan Rakyat.
BFM | The special parliamentary sitting was postponed for two weeks from July 29. New Sin Yew said the opposition cannot compel Parliament to sit because the Standing Orders do not allow for it. What transpired last week showed how subservient Parliament is to the government of the day and highlighted how weak the Parliament is as an institution that supposedly represents the rakyat’s views.
CNA | Malaysian Bar Council member New Sin Yew pointed out the Emergency Ordinances promulgated under the Emergency are still in effect for another six months under Article 150(7) of the Federal Constitution. The public should still obey the ordinances.
Malaysiakini | After days of tussling between the PM and the YDPA over the revocation of the Emergency Ordinances, lawyer New Sin Yew argued that Parliament should vote on them. If Parliament voted to annul the Ordinances, then they cease to have effect immediately, without having to wait six months for them to lapse.
The Edge Markets | Aker Engineering Malaysia’s manager was charged with making false representations under section 417 of the Penal Code. Amer Hamzah Arshad, appearing with S. Devanandan, made a preliminary objection regarding the validity of the charge. He also complained of not getting the trial documents from the prosecution as required under section 51A of the Criminal Procedure Code.
BFM | New Sin Yew helped to break down the chaos that took place in Parliament during the first four days of a long-awaited parliamentary sitting, including on the role of the YDPA as a constitutional monarchy.
Astro Awani | Mahkamah Tinggi menetapkan akhir September untuk mendengar hujah di akhir kes pembelaan 18 penuntut UPNM yang didakwa membunuh, bersubahat membunuh dan mencederakan seorang Pegawai Kadet Laut UPNM. Peguam Amer Hamzah Arshad mewakili tertuduh pertama dan kedua dan memaklumkan pihaknya telah memfailkan hujahan bertulis setebal 85 muka surat pada 15 Jun.
New Straits Times | The charge sheet stated that Refuge for the Refugees founder Heidy Quah had made an offensive posting with intent to insult. Counsel New Sin Yew pleaded for a lower bail, citing Heidy’s years of award-winning humanitarian work.
Malay Mail | Refuge for the Refugees founder Heidy Quah was charged under section 233(1)(a) of the Communications and Multimedia Act 1998 for a Facebook post on alleged mistreatment of refugees at the Immigration detention centre. She was represented by lawyer New Sin Yew.
Free Malaysia Today | Heidy Quah pleaded not guilty at the Sessions Court today to a charge of intention to insult through a Facebook post. Her lawyer New Sin Yew urged the court to set a lower bail at RM2,000, citing her humanitarian work.
Malaysiakini | Refuge for the Refugees founder Heidy Quah claimed trial to a charge of improper use of network facilities over her Facebook post on alleged mistreatment at detention centres. The former winner of the Queen’s Young Leaders Award was represented by New Sin Yew.
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.
Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.
BFM | “Whoever becomes PM, unless he has a convincing majority, we are going to see a repeat of what has been happening for the past year or two. It will be a situation of uncertainty where the government can be forgoed anytime.” New Sin Yew spoke to BFM about the Federal Constitution and the appointment of the PM.
CNA | Malaysia’s PM announced his resignation on Monday, Aug 16. New Sin Yew, a committee member on the Malaysian Bar Council, said the appointment of a caretaker PM is more of a political rather than a legal move. Muhyiddin Yassin is still the PM, but there is an understanding that he will resign once a new PM is found.
The Star | Edmund Bon observed that the PM need not resign now, unless he sought to dissolve Parliament for elections and the King disagreed, or if an MP stepped forward claiming majority and the King agreed. A new PM with majority support can be appointed regardless of whether the incumbent PM has resigned, according to the Federal Court decision in 2010 related to the Perak constitutional crisis.
New Straits Times | The country’s political conundrum will remain at a stalemate unless any MP can prove that he or she has majority support and is accepted by the King. Edmund Bon urged MPs to demand more reforms from the embattled PM.
Malaysiakini | PM Muhyiddin Yassin cannot remain in office after conceding the loss of majority support. According to New Sin Yew, Article 43(4) of the Federal Constitution does not attach any condition to a resigning PM, for example, that he has to wait for another candidate that commands majority support. The proper thing to do would be to resign and let the process of appointing the new PM take place.
The Edge Markets | Bersih 2.0 and other groups that have gone to court to challenge the Emergency Proclamation are set to file additional questions on the matter within the next week. New Sin Yew appeared as counsel for the election watchdog.
Malay Mail | Lawyer New Sin Yew said PM Muhyiddin Yassin must resign if he no longer enjoys the confidence of the majority of the Dewan Rakyat. He may request for the YDPA to dissolve Parliament under Article 43(4) of the Federal Constitution; the YDPA may decline to do so under Article 40(2).
The Vibes | Constitutional lawyer New Sin Yew said following UMNO’s decision and with 107 MPs in the opposition, PM Muhyiddin Yassin no longer wields majority support. The best way to test this is through a vote of no confidence in the Dewan Rakyat.
BFM | The special parliamentary sitting was postponed for two weeks from July 29. New Sin Yew said the opposition cannot compel Parliament to sit because the Standing Orders do not allow for it. What transpired last week showed how subservient Parliament is to the government of the day and highlighted how weak the Parliament is as an institution that supposedly represents the rakyat’s views.
CNA | Malaysian Bar Council member New Sin Yew pointed out the Emergency Ordinances promulgated under the Emergency are still in effect for another six months under Article 150(7) of the Federal Constitution. The public should still obey the ordinances.
Malaysiakini | After days of tussling between the PM and the YDPA over the revocation of the Emergency Ordinances, lawyer New Sin Yew argued that Parliament should vote on them. If Parliament voted to annul the Ordinances, then they cease to have effect immediately, without having to wait six months for them to lapse.
The Edge Markets | Aker Engineering Malaysia’s manager was charged with making false representations under section 417 of the Penal Code. Amer Hamzah Arshad, appearing with S. Devanandan, made a preliminary objection regarding the validity of the charge. He also complained of not getting the trial documents from the prosecution as required under section 51A of the Criminal Procedure Code.
BFM | New Sin Yew helped to break down the chaos that took place in Parliament during the first four days of a long-awaited parliamentary sitting, including on the role of the YDPA as a constitutional monarchy.
Astro Awani | Mahkamah Tinggi menetapkan akhir September untuk mendengar hujah di akhir kes pembelaan 18 penuntut UPNM yang didakwa membunuh, bersubahat membunuh dan mencederakan seorang Pegawai Kadet Laut UPNM. Peguam Amer Hamzah Arshad mewakili tertuduh pertama dan kedua dan memaklumkan pihaknya telah memfailkan hujahan bertulis setebal 85 muka surat pada 15 Jun.
New Straits Times | The charge sheet stated that Refuge for the Refugees founder Heidy Quah had made an offensive posting with intent to insult. Counsel New Sin Yew pleaded for a lower bail, citing Heidy’s years of award-winning humanitarian work.
Malay Mail | Refuge for the Refugees founder Heidy Quah was charged under section 233(1)(a) of the Communications and Multimedia Act 1998 for a Facebook post on alleged mistreatment of refugees at the Immigration detention centre. She was represented by lawyer New Sin Yew.
Free Malaysia Today | Heidy Quah pleaded not guilty at the Sessions Court today to a charge of intention to insult through a Facebook post. Her lawyer New Sin Yew urged the court to set a lower bail at RM2,000, citing her humanitarian work.
Malaysiakini | Refuge for the Refugees founder Heidy Quah claimed trial to a charge of improper use of network facilities over her Facebook post on alleged mistreatment at detention centres. The former winner of the Queen’s Young Leaders Award was represented by New Sin Yew.
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.
