Media 2020

Art Harun stays as speaker, Mahathir’s suit dismissed

Malaysiakini | The High Court ruled that Article 63(1) of the Federal Constitution prevents the court from examining the validity of Parliament proceedings on the removal and appointment of the speaker and deputy speaker. Lawyer Amer Hamzah Arshad commended the court for a lengthy and clear judgment.

Federal Court to hear appeal on RM2.7 mil ‘golden handshake’ for ex-MB’s aides

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.

Can you sue a carpark operator?

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.

Law & Behold #34: Budget 2021

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.

Consider This: Parliament – Speaker’s powers unlimited?

Astro Awani | New Sin Yew shared his views on whether the limitation of only 80 MPs at any one time during Dewan Rakyat sessions is against democratic practices. He noted that the limit may be acceptable during budget debates, but not during voting.

The ’emergency’: Agong’s two options after he meets Malay rulers

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.

COVID-19 patients have constitutional right to vote – lawyers, Bersih

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.

Decision on application to strike out Dr M’s suit on Dewan Rakyat Speaker on Nov 10

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.

Dr M’s suit against Speaker, Deputy Speaker is non-justiciable, says counsel

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.

Kisah seorang pekerja pembersihan menang kes terhadap PERKESO di mahkamah

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.

Pekerja pembersihan sekolah menang kes lawan PERKESO di mahkamah

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.

Taiping-born esports gamer Aiman wins nod to continue court bid for citizenship

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 early stage.

What are the rights of documented migrant workers under arrest?

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.

Ex-tow truck operator wins murder appeal in ‘case of mistaken identity’

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.

Unpacking the “guilty” verdict on Najib’s SRC trial

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 appeal.

Art Harun stays as speaker, Mahathir’s suit dismissed

Malaysiakini | The High Court ruled that Article 63(1) of the Federal Constitution prevents the court from examining the validity of Parliament proceedings on the removal and appointment of the speaker and deputy speaker. Lawyer Amer Hamzah Arshad commended the court for a lengthy and clear judgment.

Federal Court to hear appeal on RM2.7 mil ‘golden handshake’ for ex-MB’s aides

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.

Can you sue a carpark operator?

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.

Law & Behold #34: Budget 2021

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.

Consider This: Parliament – Speaker’s powers unlimited?

Astro Awani | New Sin Yew shared his views on whether the limitation of only 80 MPs at any one time during Dewan Rakyat sessions is against democratic practices. He noted that the limit may be acceptable during budget debates, but not during voting.

The ’emergency’: Agong’s two options after he meets Malay rulers

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.

COVID-19 patients have constitutional right to vote – lawyers, Bersih

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.

Decision on application to strike out Dr M’s suit on Dewan Rakyat Speaker on Nov 10

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.

Dr M’s suit against Speaker, Deputy Speaker is non-justiciable, says counsel

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.

Kisah seorang pekerja pembersihan menang kes terhadap PERKESO di mahkamah

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.

Pekerja pembersihan sekolah menang kes lawan PERKESO di mahkamah

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.

Taiping-born esports gamer Aiman wins nod to continue court bid for citizenship

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 early stage.

What are the rights of documented migrant workers under arrest?

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.

Ex-tow truck operator wins murder appeal in ‘case of mistaken identity’

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.

Unpacking the “guilty” verdict on Najib’s SRC trial

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 appeal.