Free Malaysia Today | The Federal Court will hear on 6 January an appeal by former staff of then Selangor MB against an order to return the voluntary separation scheme compensation paid to them. Edmund Bon and Hoe Sue Lu represented the eight appellants in the case, the first of its kind, which will have implications for the MBI in five states.
BFM | Sunway Parking Services was ordered to pay RM117,000 in damages to a car rental company for the theft of a vehicle in its parking premises. Lawyer New Sin Yew offered his legal opinion on the liability of car park operators for car thefts, which depends on the relationship between the car owner and car park operator.
BFM | The Dewan Rakyat passed the second reading of the RM322.5 billion (US$79 billion) Budget 2021 yesterday, the largest budget ever tabled in Malaysia. New Sin Yew joined Emeritus Professor Datuk Dr Shad Saleem Faruqi to explain the policy and committee stages of the budget debate, and what would happen if the budget failed to be passed.
Reuters | The King was of the opinion that there was no need for an emergency in the country, calling foran end to politicking that could destabilise the administration. New Sin Yew, a constitutional lawyer, said that if the PM had formally advised the King to impose a state of emergency, in a constitutional monarchy, the monarch would have been obliged to comply.
Malaysiakini | Constitutional lawyer New Sin Yew noted that while the Agong must act in accordance with the government’s advice as required by Article 40 of the Federal Constitution, in reality, the government cannot ignore the influence and power of our Royal Institution when it comes to decision-making.
Malaysiakini | The government announced that COVID-19 patients would not be allowed to vote in the Sabah polls. Lawyer New Sin Yew said the government had no right to do so and should instead provide “reasonable assistance” for COVID-19 patients to vote. The right to vote is enshrined under Article 119(1) of the Federal Constitution.
Malay Mail | Five lawmakers filed an originating summons to challenge the appointment of Dewan Rakyat Speaker and Deputy Speaker. Amer Hamzah Arshad warned that a ruling against the respondents would open up an “unmitigated floodgate” of legal challenges against the rulings of the Speaker.
News Straits Times | Counsel Amer Hamzah Arshad argued that the Standing Orders of the Dewan Rakyat were made pursuant to Article 62(1) of the Federal Constitution which empowers the Parliament to regulate its own procedure. Hence, the Speaker and Deputy Speaker had acted within the confines of the power conferred on them. Amer was assisted by New Sin Yew, Hoe Sue Lu and Lee Yee Woei.
The Edge Markets | Counsel Amer Hamzah Arshad, representing the Dewan Rakyat Speaker and Deputy Speaker, said that the Court cannot look into the appointment of the Speaker due to the principle of the separation of powers protected under Article 63(1) of the Federal Constitution. Amer appeared with New Sin Yew and was assisted by Hoe Sue Lu and Lee Yee Woei.
Sosialis | Mahkamah Tinggi menolak keputusan Jemaah Rayuan PERKESO, yang mengklasifikasikan tuntutan Valarmathy sebagai bukan bencana kerja, berdasarkan ujian kemunasabahan. PSM mengucapkan terima kasih kepada barisan peguam, New Sin Yew, Vivian Kuan dan Beatrice Chin kerana mengendalikan kes ini secara pro bono.
Sosialis | Keputusan ini amat bermakna dan akan membantu pekerja lain untuk mendapatkan faedah skim bencana pekerjaan sekiranya menghadapi situasi yang serupa. Pekerja pembersihan sekolah, Valarmathy, diwakili oleh Vivian Kuan, Beatrice Chin dan New Sin Yew.
Malay Mail | Muhammad Aiman is finally recognised as a Malaysian citizen. New Sin Yew noted that there remain many more stateless people who do not have access to education, healthcare, security, and legal representation. He highlighted three achievable steps the government should take to resolve this issue.
Malaysiakini | Parliament Speaker Azhar Harun and his deputy Mohd Rashid Hasnon claimed that according to Article 63(1) of the Federal Constitution, the affairs of Parliament cannot be decided by the court. Counsel Hoe Sue Lu appeared for Azhar and Rashid.
Malay Mail | The AGC’s federal counsel argued that the government’s refusal to register an individual as a citizen, provided for under Article 15A of the Federal Constitution, could not be challenged in court. Muhammad Aiman Hafizi’s lawyer New Sin Yew countered that his client’s court challenge is not just based on Article 15A and the court could decide on such matters after a substantive hearing instead of at this
BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, there is no law stating that criticism of the government is an offence. If Mohd Rayhan Kabir is deported although he did not commit any offence, the decision would be considered arbitrary, unlawful, and not up to international human rights standards.
Free Malaysia Today | A former tow truck operator was spared from the death penalty when the Court of Appeal set aside his murder conviction. Counsel Amer Hamzah Arshad explained that there was material contradiction in the prosecution’s case and proper evaluation of the evidence was not carried out.
BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for
Free Malaysia Today | Lawyer New Sin Yew said it was common practice in criminal trials for the accused to sometimes request for the trial to be adjourned for various reasons, as Najib Razak did. Likewise, Amer Hamzah urged that a distinction be made between unlawful interference and mere communication between the three branches of government.
BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.
Malay Mail | Under the Immigration Act 1959/63, the director general may revoke the passes of foreign nationals. Lawyer New Sin Yew agreed with others that this must be done with reason. There is no law that criminalises speech that damages Malaysia’s image. Criminal sanctions are meant to address more extreme actions such as incitement to violence.
Free Malaysia Today | The Federal Court will hear on 6 January an appeal by former staff of then Selangor MB against an order to return the voluntary separation scheme compensation paid to them. Edmund Bon and Hoe Sue Lu represented the eight appellants in the case, the first of its kind, which will have implications for the MBI in five states.
BFM | Sunway Parking Services was ordered to pay RM117,000 in damages to a car rental company for the theft of a vehicle in its parking premises. Lawyer New Sin Yew offered his legal opinion on the liability of car park operators for car thefts, which depends on the relationship between the car owner and car park operator.
BFM | The Dewan Rakyat passed the second reading of the RM322.5 billion (US$79 billion) Budget 2021 yesterday, the largest budget ever tabled in Malaysia. New Sin Yew joined Emeritus Professor Datuk Dr Shad Saleem Faruqi to explain the policy and committee stages of the budget debate, and what would happen if the budget failed to be passed.
Reuters | The King was of the opinion that there was no need for an emergency in the country, calling foran end to politicking that could destabilise the administration. New Sin Yew, a constitutional lawyer, said that if the PM had formally advised the King to impose a state of emergency, in a constitutional monarchy, the monarch would have been obliged to comply.
Malaysiakini | Constitutional lawyer New Sin Yew noted that while the Agong must act in accordance with the government’s advice as required by Article 40 of the Federal Constitution, in reality, the government cannot ignore the influence and power of our Royal Institution when it comes to decision-making.
Malaysiakini | The government announced that COVID-19 patients would not be allowed to vote in the Sabah polls. Lawyer New Sin Yew said the government had no right to do so and should instead provide “reasonable assistance” for COVID-19 patients to vote. The right to vote is enshrined under Article 119(1) of the Federal Constitution.
Malay Mail | Five lawmakers filed an originating summons to challenge the appointment of Dewan Rakyat Speaker and Deputy Speaker. Amer Hamzah Arshad warned that a ruling against the respondents would open up an “unmitigated floodgate” of legal challenges against the rulings of the Speaker.
News Straits Times | Counsel Amer Hamzah Arshad argued that the Standing Orders of the Dewan Rakyat were made pursuant to Article 62(1) of the Federal Constitution which empowers the Parliament to regulate its own procedure. Hence, the Speaker and Deputy Speaker had acted within the confines of the power conferred on them. Amer was assisted by New Sin Yew, Hoe Sue Lu and Lee Yee Woei.
The Edge Markets | Counsel Amer Hamzah Arshad, representing the Dewan Rakyat Speaker and Deputy Speaker, said that the Court cannot look into the appointment of the Speaker due to the principle of the separation of powers protected under Article 63(1) of the Federal Constitution. Amer appeared with New Sin Yew and was assisted by Hoe Sue Lu and Lee Yee Woei.
Sosialis | Mahkamah Tinggi menolak keputusan Jemaah Rayuan PERKESO, yang mengklasifikasikan tuntutan Valarmathy sebagai bukan bencana kerja, berdasarkan ujian kemunasabahan. PSM mengucapkan terima kasih kepada barisan peguam, New Sin Yew, Vivian Kuan dan Beatrice Chin kerana mengendalikan kes ini secara pro bono.
Sosialis | Keputusan ini amat bermakna dan akan membantu pekerja lain untuk mendapatkan faedah skim bencana pekerjaan sekiranya menghadapi situasi yang serupa. Pekerja pembersihan sekolah, Valarmathy, diwakili oleh Vivian Kuan, Beatrice Chin dan New Sin Yew.
Malay Mail | Muhammad Aiman is finally recognised as a Malaysian citizen. New Sin Yew noted that there remain many more stateless people who do not have access to education, healthcare, security, and legal representation. He highlighted three achievable steps the government should take to resolve this issue.
Malaysiakini | Parliament Speaker Azhar Harun and his deputy Mohd Rashid Hasnon claimed that according to Article 63(1) of the Federal Constitution, the affairs of Parliament cannot be decided by the court. Counsel Hoe Sue Lu appeared for Azhar and Rashid.
Malay Mail | The AGC’s federal counsel argued that the government’s refusal to register an individual as a citizen, provided for under Article 15A of the Federal Constitution, could not be challenged in court. Muhammad Aiman Hafizi’s lawyer New Sin Yew countered that his client’s court challenge is not just based on Article 15A and the court could decide on such matters after a substantive hearing instead of at this
BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, there is no law stating that criticism of the government is an offence. If Mohd Rayhan Kabir is deported although he did not commit any offence, the decision would be considered arbitrary, unlawful, and not up to international human rights standards.
Free Malaysia Today | A former tow truck operator was spared from the death penalty when the Court of Appeal set aside his murder conviction. Counsel Amer Hamzah Arshad explained that there was material contradiction in the prosecution’s case and proper evaluation of the evidence was not carried out.
BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for
Free Malaysia Today | Lawyer New Sin Yew said it was common practice in criminal trials for the accused to sometimes request for the trial to be adjourned for various reasons, as Najib Razak did. Likewise, Amer Hamzah urged that a distinction be made between unlawful interference and mere communication between the three branches of government.
BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.
Malay Mail | Under the Immigration Act 1959/63, the director general may revoke the passes of foreign nationals. Lawyer New Sin Yew agreed with others that this must be done with reason. There is no law that criminalises speech that damages Malaysia’s image. Criminal sanctions are meant to address more extreme actions such as incitement to violence.
