Malay Mail | Constitutional lawyer New Sin Yew said Najib Razak can run in a parliamentary election only if he succeeds in his appeal, receives a royal pardon, or if the King uses his discretion to remove the disqualification despite Najib being convicted for corruption.
From the Bar Stool | Lawyer Fahri Azzat reminisced about how he met Amer Hamzah Arshad and introduced him to “Dhat Boohke”, legal aid, and criminal law.
Malay Mail | Lawyers are divided over whether the AG was right to say that the new PM need not seek a vote of confidence in Parliament. New Sin Yew said the AG is “right” as “there is no such requirement” in the Federal Constitution. MPs could show whether they supported a government through votes on other matters such the King’s speech and the budget.
Malay Mail | Activist Heidy Quah filed an originating summons through law firm AmerBON to invalidate parts of a law used recently to charge her over her Facebook post highlighting the alleged poor treatment of detainees at immigration detention centres.
Malaysiakini | Refuge for Refugees founder Heidy Quah filed a civil lawsuit in the High Court in Shah Alam through AmerBON. She sought a court order to rule the words “offensive” and “annoy” in section 233 of the Communications and Multimedia Act invalidated for being unconstitutional.
New Straits Times | Counsel Amer Hamzah Arshad argued that charges against Baling MP Abdul Azeez Abdul Rahim lacked particulars. He said, “the moment we relax the role requiring the prosecution to give proper and adequate information, the next thing we know a person could simply be charged with ‘committing an offence in Malaysia’.”
The Edge Markets | Baling MP Abdul Azeez Abdul Rahim is facing three counts of bribery involving RM5.2 million and 10 counts of money laundering involving nearly RM140 million. Lawyer Amer Hamzah Arshad questioned the multiplicity of charges within one graft charge, which makes it difficult for the defence to answer the charge.
Malay Mail | Amer Hamzah Arshad said that the charge alleging that former Tabung Haji chairman Abdul Azeez corruptly received gratification as a reward for him to assist Menuju Asas to obtain government projects did not show any corruption offence. Nothing in the charge showed that Abdul Azeez used his position in favour of Menuju Asas.
Malaysiakini | Baling MP Abdul Azeez Abdul Rahim is appealing against the Kuala Lumpur High Court decision on March 12, which rejected his application to quash the three corruption and ten money laundering charges. Lawyer Amer Hamzah Arshad contended that the charges ought to be quashed as they are brought against Azeez in mala fide (bad faith) by the prosecution.
Free Malaysia Today | Lawyer Amer Hamzah Arshad submitted to the Court of Appeal that the corruption and money laundering charges filed against Baling MP Abdul Azeez Abdul Rahim are defective and groundless. He was assisted by Joshua Tay.
BFM | Amer Hamzah Arshad and Edmund Bon spoke about civil disobedience, human rights, and the Bar Council’s Walk of Justice in 2007, documented in a film When Lawyers Walk by Mien Ly. This film is a part of Freedom Film Network’s specially curated weekend playlist themed “People’s Movement for Change”,
The Edge Markets | Lawyers Amer Hamzah Arshad and S. Devanadan, representing a manager with Aker Engineering Malaysia who is facing a cheating charge, filed a representation letter to the AGC over the legality of the charge. The hearing was postponed to Sept 20.
Reuters | Lawyer New Sin Yew said the constitutional monarch’s powers had been stretched to their limits during this extraordinary crisis, but with this precedent, there was a danger of overreach by future monarchs.
Free Malaysia Today | The Malaysian Bar and a coalition of NGOs had submitted applications for the Federal Court to rule on issues related to the Emergency Proclamation and Ordinances. Appearing for the NGOs, lawyer New Sin Yew said the judge had directed parties to file their written submissions a month from today.
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.
Malay Mail | Constitutional lawyer New Sin Yew said Najib Razak can run in a parliamentary election only if he succeeds in his appeal, receives a royal pardon, or if the King uses his discretion to remove the disqualification despite Najib being convicted for corruption.
From the Bar Stool | Lawyer Fahri Azzat reminisced about how he met Amer Hamzah Arshad and introduced him to “Dhat Boohke”, legal aid, and criminal law.
Malay Mail | Lawyers are divided over whether the AG was right to say that the new PM need not seek a vote of confidence in Parliament. New Sin Yew said the AG is “right” as “there is no such requirement” in the Federal Constitution. MPs could show whether they supported a government through votes on other matters such the King’s speech and the budget.
Malay Mail | Activist Heidy Quah filed an originating summons through law firm AmerBON to invalidate parts of a law used recently to charge her over her Facebook post highlighting the alleged poor treatment of detainees at immigration detention centres.
Malaysiakini | Refuge for Refugees founder Heidy Quah filed a civil lawsuit in the High Court in Shah Alam through AmerBON. She sought a court order to rule the words “offensive” and “annoy” in section 233 of the Communications and Multimedia Act invalidated for being unconstitutional.
New Straits Times | Counsel Amer Hamzah Arshad argued that charges against Baling MP Abdul Azeez Abdul Rahim lacked particulars. He said, “the moment we relax the role requiring the prosecution to give proper and adequate information, the next thing we know a person could simply be charged with ‘committing an offence in Malaysia’.”
The Edge Markets | Baling MP Abdul Azeez Abdul Rahim is facing three counts of bribery involving RM5.2 million and 10 counts of money laundering involving nearly RM140 million. Lawyer Amer Hamzah Arshad questioned the multiplicity of charges within one graft charge, which makes it difficult for the defence to answer the charge.
Malay Mail | Amer Hamzah Arshad said that the charge alleging that former Tabung Haji chairman Abdul Azeez corruptly received gratification as a reward for him to assist Menuju Asas to obtain government projects did not show any corruption offence. Nothing in the charge showed that Abdul Azeez used his position in favour of Menuju Asas.
Malaysiakini | Baling MP Abdul Azeez Abdul Rahim is appealing against the Kuala Lumpur High Court decision on March 12, which rejected his application to quash the three corruption and ten money laundering charges. Lawyer Amer Hamzah Arshad contended that the charges ought to be quashed as they are brought against Azeez in mala fide (bad faith) by the prosecution.
Free Malaysia Today | Lawyer Amer Hamzah Arshad submitted to the Court of Appeal that the corruption and money laundering charges filed against Baling MP Abdul Azeez Abdul Rahim are defective and groundless. He was assisted by Joshua Tay.
BFM | Amer Hamzah Arshad and Edmund Bon spoke about civil disobedience, human rights, and the Bar Council’s Walk of Justice in 2007, documented in a film When Lawyers Walk by Mien Ly. This film is a part of Freedom Film Network’s specially curated weekend playlist themed “People’s Movement for Change”,
The Edge Markets | Lawyers Amer Hamzah Arshad and S. Devanadan, representing a manager with Aker Engineering Malaysia who is facing a cheating charge, filed a representation letter to the AGC over the legality of the charge. The hearing was postponed to Sept 20.
Reuters | Lawyer New Sin Yew said the constitutional monarch’s powers had been stretched to their limits during this extraordinary crisis, but with this precedent, there was a danger of overreach by future monarchs.
Free Malaysia Today | The Malaysian Bar and a coalition of NGOs had submitted applications for the Federal Court to rule on issues related to the Emergency Proclamation and Ordinances. Appearing for the NGOs, lawyer New Sin Yew said the judge had directed parties to file their written submissions a month from today.
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.
