Emergency

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High Court sets May 18 to decide whether pandemic-driven emergency proclamation validity questions can be referred to apex court

Team ABA April 6, 2022

The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.

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

Team ABA 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

Team ABA 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.

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

Team ABA 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.

July 22 date for Bersih, PKR lawmakers’ bids to have Federal Court decide if Parliament’s suspension during Emergency is constitutional

Team ABA May 3, 2021

Malay Mail | Seven NGOs are seeking several court orders, including declarations that section 14 of the Emergency (Essential Powers) Ordinance 2021 which suspended parliamentary sittings was unconstitutional. and that Article 150(8) of the Federal Constitution violates the basic structure doctrine as well as Articles 4, 8 and 121. Lawyer New Sin Yew said the High Court will hear the applications to refer questions to the Federal Court before dealing with the actual lawsuit.

High Court to hear bid to refer questions on emergency to Federal Court

Team ABA May 3, 2021

Free Malaysia Today | The High Court will hear an application by NGOs on the emergency proclamation on July 22. The groups’ lawyer, New Sin Yew, told the court that the group, the AGC, and the five intervenors have filed their affidavits for the application. Two PKR lawmakers also filed constitutional questions which the court will hear on the same day.

MPs, senators allowed to intervene in Bersih’s suit against emergency proclamation

Team ABA April 1, 2021

The Edge Markets | Bersih and six others, represented by Edmund Bon, had on Feb 2 posed four questions of law to be decided in the originating summons they filed to seek the court’s declaration on the roles of Parliament and the judiciary during Malaysia’s state of emergency. The High Court allowed five lawmakers to intervene in the legal challenge.

PKR, PAS leaders allowed to intervene in NGOs’ suit against PM

Team ABA April 1, 2021

Malaysiakini | The PKR duo sought to back a suit by Bersih and other NGOs against PM Muhyiddin Yassin because they were presently unable to fulfil their duties in Parliament. The PAS trio contended that the legal action would hinder the government’s efforts to overcome the COVID-19 pandemic in Malaysia. Edmund Bon confirmed that his clients, the NGOs, raised no objection to the intervener bids.

High Court sets May 18 to decide whether pandemic-driven emergency proclamation validity questions can be referred to apex court

April 6, 2022

The Edge Markets | The High Court will deliver its decision on May 18 on whether questions of law on the validity of Malaysia’s emergency proclamation during the pandemic should be referred to the Federal Court. Former Bar Council President Steven Thiru represented the Malaysian Bar in the case submission at the High Court while lawyer Edmund Bon Tai Soon represented Bersih.

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.

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.

July 22 date for Bersih, PKR lawmakers’ bids to have Federal Court decide if Parliament’s suspension during Emergency is constitutional

May 3, 2021

Malay Mail | Seven NGOs are seeking several court orders, including declarations that section 14 of the Emergency (Essential Powers) Ordinance 2021 which suspended parliamentary sittings was unconstitutional. and that Article 150(8) of the Federal Constitution violates the basic structure doctrine as well as Articles 4, 8 and 121. Lawyer New Sin Yew said the High Court will hear the applications to refer questions to the Federal Court before dealing with the actual lawsuit.

High Court to hear bid to refer questions on emergency to Federal Court

May 3, 2021

Free Malaysia Today | The High Court will hear an application by NGOs on the emergency proclamation on July 22. The groups’ lawyer, New Sin Yew, told the court that the group, the AGC, and the five intervenors have filed their affidavits for the application. Two PKR lawmakers also filed constitutional questions which the court will hear on the same day.

MPs, senators allowed to intervene in Bersih’s suit against emergency proclamation

April 1, 2021

The Edge Markets | Bersih and six others, represented by Edmund Bon, had on Feb 2 posed four questions of law to be decided in the originating summons they filed to seek the court’s declaration on the roles of Parliament and the judiciary during Malaysia’s state of emergency. The High Court allowed five lawmakers to intervene in the legal challenge.

PKR, PAS leaders allowed to intervene in NGOs’ suit against PM

April 1, 2021

Malaysiakini | The PKR duo sought to back a suit by Bersih and other NGOs against PM Muhyiddin Yassin because they were presently unable to fulfil their duties in Parliament. The PAS trio contended that the legal action would hinder the government’s efforts to overcome the COVID-19 pandemic in Malaysia. Edmund Bon confirmed that his clients, the NGOs, raised no objection to the intervener bids.