Michael Cheah

Why Court of Appeal upheld ‘Gay is OK!’ book ban in 2-1 decision

Malay Mail | Here’s a quick summary what happened with the book ban and why, based on the Court of Appeal’s majority and minority judgments released last month, and the High Court’s decision, as well as other documents. Lawyers Edmund Bon and Micheal Cheah are representing the book author and publisher.

Appellate court bans gay book again after govt appeal

The Edge Malaysia | The Court of Appeal reimposed a ban on a 2013 publication following a majority 2-1 decision. While the majority judges said the minister has the right to impose the ban based on possible adverse effects, the dissenting judge found the ban unlikely to cause prejudice to public order. Counsel Edmund Bon Tai Soon and Michael Cheah appeared for the author and publisher.

Court of Appeal restores ban on ‘Gay is OK!’ book

The Vibes | In a split 2-1 decision, a three-member bench at the Court of Appeal allowed the government’s appeal against the High Court’s decision last year. Lawyer Edmund Bon said he would seek instructions on whether to file an appeal to the Federal Court. Michael Cheah also represented the book publisher and author.

Pengharaman buku ‘Gay is OK!’ sejajar undang-undang

Malaysiakini | Peguam Edmund Bon Tai Soon berhujah Hakim Mahkamah Tinggi adalah betul dalam alasannya bahawa Menteri Dalam Negeri gagal mewajarkan larangan itu atas alasan buku tersebut berkemungkinan memudaratkan ketenteraman awam, moral, dan kepentingan awam. Bon dibantu oleh peguam Michael Cheah Ern Tien.

Malaysian workers need more clout to demand better pay, conditions

Bernama | Michael Cheah, who has practised labour law for the past five years, said some employers get around union demands by “union-busting” — “promoting” employees by changing job titles so they will lose eligibility to belong to the union. He urged unions to actively recruit members and for workers to be aware of their rights.

Two Aker Engineering officials acquitted as High Court rules charges defective

The Edge Markets | The High Court allowed the discharge and acquittal of two senior executives of Aker Engineering Malaysia, ruling that the charges brought against them, while not mala fide, were defective. Senior Deputy President Ahmad Hatta and Director Mohd Yusof were represented by Amer Hamzah Arshad, Joshua Tay, and Michael Cheah.

Handling bosses who smoke in the office

Bernama | Michael Cheah, a lawyer specialising in employment law, said smoking posed a health risk to others and employees were entitled to legal action under OSHA 1994. Section 15(1) mandates employers to ensure “the safety, health and welfare at work of all his employees”. Smoking in workplaces with centralised air-conditioning is also an offence under the Control of Tobacco Product Regulations.

Publisher, author win bid to quash ban on ‘Gay is OK’ book

Free Malaysia Today | In her ruling, KL High Court judge Noorin Badaruddin said the government “failed to show evidence of actual prejudice to public order that had occurred”, and that the book publisher and author were never given the right to be heard by the government to counter the allegations against them. Edmund Bon and Michael Cheah represented the applicants.

Mahkamah batal larangan buku ‘Gay is OK’

Free Malaysia Today | Hakim Mahkamah Tinggi membenarkan semakan kehakiman membatalkan larangan buku dan menyeru Menteri “memberi alasan atas keputusannya, lebih-lebih lagi dalam perkara yang menyaksikan kebebasan bersuara disekat dan prinsip keadilan yang dijamin di bawah Perlembagaan Persekutuan dicabuli”. Penerbit dan penulis buku diwakili Edmund Bon dan Michael Cheah.

Ban on ‘Gay is OK’ lifted

New Straits Times | Gay is OK! publisher Gerakbudaya Enterprise and author Ngeo Boon Lin filed a judicial review leave application to revoke the ban order dated Nov 27 last year, represented by lawyers Edmund Bon and Michael Cheah.

High court quashes ban on book ‘Gay is Okay! A Christian Perspective’

The Sun Daily | The High Court judge said the government failed to show evidence of prejudice to public order by the book. A total ban under the Printing Presses and Publications Act 1984, without the author being given the right to be heard to counter the allegations against the book, is irrational and a violation of freedom of expression and fairness. Lawyers Edmund Bon and Michael Cheah represented the author.

Court quashes govt ban of book ‘Gay is OK!’

Malaysiakini | Lawyer Michael Cheah confirmed that judge Noorin Badaruddin allowed the judicial review application by his two clients. He said the court ruled that there was no evidence and/or factual basis for the home minister’s justification for the ban, and the government failed to give the author the right to be heard.

Mahkamah batal perintah larangan ke atas buku ‘Gay is OK!’

Malaysiakini | Peguam Michael Cheah mengesahkan bahawa Hakim Noorin Badaruddin membenarkan permohonan semakan kehakiman oleh pengarang buku Ngeo Boon Lin serta penerbit Gerakbudaya Enterprise untuk membatalkan perintah larangan ke atas buku Gay is OK!.

Court quashes Home Ministry’s ban on ‘Gay Is OK!’ book

Malay Mail | According to the grounds of judgment shared by lawyer Michael Cheah, the KL High Court found that there was no “evidence or legal factual basis for the minister’s justification which forms the basis of the ban”. The court awarded RM5,000 in costs to the applicants.

High court overturns ban on ‘Gay is OK!’ book

The Vibes | The KL High Court allowed a legal challenge to the government’s prohibition of the book and ordered the Malaysian government and Home Minister Datuk Seri Hamzah Zainudin to pay RM5,000 in costs to the applicants. Lawyer Michael Cheah acknowledged tha the book can technically be sold again in the Malaysian market.

Feb 22 decision for legal challenge against ‘Gay is OK’ book ban

Malaysiakini | Counsel Michael Cheah Ern Tien confirmed that the KL High Court has fixed Feb 22 for a decision on the judicial review bid by Ngeo Boon Lin and Gerakbudaya Enterprise over a book ban. The book’s author and publisher contended that the ban was irrational as there have been no untoward incidents since its publication eight years ago.

Aker Engineering manager given discharge not amounting to acquittal for cheating charge

The Edge Markets | An Aker Engineering Malaysia Sdn Bhd manager was initially charged under section 417 of the Penal Code for cheating Petronas Carigali Sdn Bhd. The Sessions Court granted a DNAA, agreeing that the charge was vague and does not fulfil the provisions under section 154 of the Criminal Procedure Code. The manager was represented by Amer Hamzah Arshad, Michael Cheah, and Joshua Tay.

‘Gay is Okay’ book could harm public order 7 years after publication: Filing

Malaysiakini | The Home Minister contented that the prohibitory order issued under section 7(1) of the Printing Presses and Publications Act 1984 was valid as the book could jeopardise public order, despite no untoward incidents since its publication seven years ago. Counsel Michael Cheah confirmed that the High Court had set Jan 26 next year to hear the merits of the judicial review.

Why Court of Appeal upheld ‘Gay is OK!’ book ban in 2-1 decision

Malay Mail | Here’s a quick summary what happened with the book ban and why, based on the Court of Appeal’s majority and minority judgments released last month, and the High Court’s decision, as well as other documents. Lawyers Edmund Bon and Micheal Cheah are representing the book author and publisher.

Appellate court bans gay book again after govt appeal

The Edge Malaysia | The Court of Appeal reimposed a ban on a 2013 publication following a majority 2-1 decision. While the majority judges said the minister has the right to impose the ban based on possible adverse effects, the dissenting judge found the ban unlikely to cause prejudice to public order. Counsel Edmund Bon Tai Soon and Michael Cheah appeared for the author and publisher.

Court of Appeal restores ban on ‘Gay is OK!’ book

The Vibes | In a split 2-1 decision, a three-member bench at the Court of Appeal allowed the government’s appeal against the High Court’s decision last year. Lawyer Edmund Bon said he would seek instructions on whether to file an appeal to the Federal Court. Michael Cheah also represented the book publisher and author.

Pengharaman buku ‘Gay is OK!’ sejajar undang-undang

Malaysiakini | Peguam Edmund Bon Tai Soon berhujah Hakim Mahkamah Tinggi adalah betul dalam alasannya bahawa Menteri Dalam Negeri gagal mewajarkan larangan itu atas alasan buku tersebut berkemungkinan memudaratkan ketenteraman awam, moral, dan kepentingan awam. Bon dibantu oleh peguam Michael Cheah Ern Tien.

Malaysian workers need more clout to demand better pay, conditions

Bernama | Michael Cheah, who has practised labour law for the past five years, said some employers get around union demands by “union-busting” — “promoting” employees by changing job titles so they will lose eligibility to belong to the union. He urged unions to actively recruit members and for workers to be aware of their rights.

Two Aker Engineering officials acquitted as High Court rules charges defective

The Edge Markets | The High Court allowed the discharge and acquittal of two senior executives of Aker Engineering Malaysia, ruling that the charges brought against them, while not mala fide, were defective. Senior Deputy President Ahmad Hatta and Director Mohd Yusof were represented by Amer Hamzah Arshad, Joshua Tay, and Michael Cheah.

Handling bosses who smoke in the office

Bernama | Michael Cheah, a lawyer specialising in employment law, said smoking posed a health risk to others and employees were entitled to legal action under OSHA 1994. Section 15(1) mandates employers to ensure “the safety, health and welfare at work of all his employees”. Smoking in workplaces with centralised air-conditioning is also an offence under the Control of Tobacco Product Regulations.

Publisher, author win bid to quash ban on ‘Gay is OK’ book

Free Malaysia Today | In her ruling, KL High Court judge Noorin Badaruddin said the government “failed to show evidence of actual prejudice to public order that had occurred”, and that the book publisher and author were never given the right to be heard by the government to counter the allegations against them. Edmund Bon and Michael Cheah represented the applicants.

Mahkamah batal larangan buku ‘Gay is OK’

Free Malaysia Today | Hakim Mahkamah Tinggi membenarkan semakan kehakiman membatalkan larangan buku dan menyeru Menteri “memberi alasan atas keputusannya, lebih-lebih lagi dalam perkara yang menyaksikan kebebasan bersuara disekat dan prinsip keadilan yang dijamin di bawah Perlembagaan Persekutuan dicabuli”. Penerbit dan penulis buku diwakili Edmund Bon dan Michael Cheah.

Ban on ‘Gay is OK’ lifted

New Straits Times | Gay is OK! publisher Gerakbudaya Enterprise and author Ngeo Boon Lin filed a judicial review leave application to revoke the ban order dated Nov 27 last year, represented by lawyers Edmund Bon and Michael Cheah.

High court quashes ban on book ‘Gay is Okay! A Christian Perspective’

The Sun Daily | The High Court judge said the government failed to show evidence of prejudice to public order by the book. A total ban under the Printing Presses and Publications Act 1984, without the author being given the right to be heard to counter the allegations against the book, is irrational and a violation of freedom of expression and fairness. Lawyers Edmund Bon and Michael Cheah represented the author.

Court quashes govt ban of book ‘Gay is OK!’

Malaysiakini | Lawyer Michael Cheah confirmed that judge Noorin Badaruddin allowed the judicial review application by his two clients. He said the court ruled that there was no evidence and/or factual basis for the home minister’s justification for the ban, and the government failed to give the author the right to be heard.

Mahkamah batal perintah larangan ke atas buku ‘Gay is OK!’

Malaysiakini | Peguam Michael Cheah mengesahkan bahawa Hakim Noorin Badaruddin membenarkan permohonan semakan kehakiman oleh pengarang buku Ngeo Boon Lin serta penerbit Gerakbudaya Enterprise untuk membatalkan perintah larangan ke atas buku Gay is OK!.

Court quashes Home Ministry’s ban on ‘Gay Is OK!’ book

Malay Mail | According to the grounds of judgment shared by lawyer Michael Cheah, the KL High Court found that there was no “evidence or legal factual basis for the minister’s justification which forms the basis of the ban”. The court awarded RM5,000 in costs to the applicants.

High court overturns ban on ‘Gay is OK!’ book

The Vibes | The KL High Court allowed a legal challenge to the government’s prohibition of the book and ordered the Malaysian government and Home Minister Datuk Seri Hamzah Zainudin to pay RM5,000 in costs to the applicants. Lawyer Michael Cheah acknowledged tha the book can technically be sold again in the Malaysian market.

Feb 22 decision for legal challenge against ‘Gay is OK’ book ban

Malaysiakini | Counsel Michael Cheah Ern Tien confirmed that the KL High Court has fixed Feb 22 for a decision on the judicial review bid by Ngeo Boon Lin and Gerakbudaya Enterprise over a book ban. The book’s author and publisher contended that the ban was irrational as there have been no untoward incidents since its publication eight years ago.

Aker Engineering manager given discharge not amounting to acquittal for cheating charge

The Edge Markets | An Aker Engineering Malaysia Sdn Bhd manager was initially charged under section 417 of the Penal Code for cheating Petronas Carigali Sdn Bhd. The Sessions Court granted a DNAA, agreeing that the charge was vague and does not fulfil the provisions under section 154 of the Criminal Procedure Code. The manager was represented by Amer Hamzah Arshad, Michael Cheah, and Joshua Tay.

‘Gay is Okay’ book could harm public order 7 years after publication: Filing

Malaysiakini | The Home Minister contented that the prohibitory order issued under section 7(1) of the Printing Presses and Publications Act 1984 was valid as the book could jeopardise public order, despite no untoward incidents since its publication seven years ago. Counsel Michael Cheah confirmed that the High Court had set Jan 26 next year to hear the merits of the judicial review.