New Sin Yew

Malaysian coalitions start maneuvering after hung Parliament

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Democracy is a messy business

BFM | What happens if no political coalition wins a majority of parliamentary seats? New Sin Yew shared with BFM about the challenges of a hung parliament and how a transition of power should happen.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.

As flood polls loom, Agong’s discretionary powers may come into play

Malaysiakini | When does Article 40(2)(b) of the Federal Constitution apply, allowing the YDPA discretion to reject a request to dissolve Parliament? New Sin Yew argued that the King’s discretion must be read with Article 43(4), when the PM has lost support. A call to dissolve Parliament early would be the Cabinet’s “advice” to the King, which he is constitutionally compelled to accept under Article 40(1) and Article 40(1A).

Lawyers: Drawn-out court process can be improved with technology, reforms

Malaysiakini | Lawyer New Sin Yew said the issue of drawn-out court trials is an “incredibly complex” and “multi-layered” problem. The UK had attempted to alleviate the problem through the Woolf reforms in the 1990s, but the reforms were limited to addressing cost, delay, and complexity in the civil justice system.

Clock ticks for Najib in Pekan

The Star | Najib Razak became the first former PM in the country’s history to be sent to prison for corruption. Bar Council Human Rights Committee co-chair New Sin Yew said there is no time limit to seek a royal pardon, but “Prison Regulation 2000 states that it should be done as soon as practicable after conviction”.

Explainer: Behind bars, Malaysia’s Najib has few ‘get out of jail’ cards left to play

Reuters | The Federal Court panel of five judges strongly asserted the judiciary’s independence, throwing out Najib Razak’s appeal against his corruption conviction by a lower court. Najib could apply for a pardon, which will then be reviewed by a Pardons Board headed by the King. Constitutional lawyer New Sin Yew said if Najib does not file the pardon within 14 days, he will lose his seat in Parliament.

Najib verdict: Breaking down the ruling

BFM | Former PM Najib Razak will serve a 12-year prison sentence and pay a fine of RM210 million for his conviction on seven charges of abuse of power, criminal breach of trust, and money laundering involving RM42 million belonging to SRC International. The conviction was upheld by the Federal Court. Lawyer New Sin Yew unpacked what happened legally.

Najib has 14 days to file for pardon or lose MP status

Malaysiakini | Lawyer New Sin Yew explained that if former PM Najib Razak does not file a petition for pardon within 14 days, he will lose his status as MP under Article 48 of the Federal Constitution. The power to pardon can only be exercised by the YDPA in consultation with the Pardons Board.

We are officers of the court, lawyers remind Zaid

Malaysiakini | Former PM Najib Razak discharged his lawyers in the SRC International trial for the second time in less than a month, but the Federal Court denied his lawyer permission to discharge himself. Lawyer New Sin Yew noted that the court does have overarching control over such matters. For example, if a lawyer wants to discharge for some frivolous reason, the court can say no.

Lawyer: Immigration agrees not to deport Malaysia-born mum, three kids pending challenge against detention

Malay Mail | Lawyer New Sin Yew said the Malaysian government informed the KL High Court that it would not object to the stay application of a Johor-born mother and her three Selangor-born children. The stay application is to ensure the Immigration Department would not deport the four before the High Court hears the family’s challenge against their 3-week detention by immigration authorities.

Court grants Johor voter permission to challenge EC, govt

Malaysiakini | Counsel New Sin Yew confirmed that the KL High Court allowed a legal challenge against the EC’s decision to bar a quarantined voter from voting. Beatrice Chin also represented the applicant. Article 119 of the Federal Constitution, the Election Act 1958, and the Elections (Conduct of Elections) Regulations 1981 provide the right to vote; permission from the district health officer is not provided for.

Malaysian coalitions start maneuvering after hung Parliament

The Japan Times | As the coalitions turn to horse-trading to form an alliance after the elections led to a hung Parliament, Malaysia’s king will play a key role. Constitutional lawyer New Sin Yew said the King may determine which leader he believes commands a majority in Parliament, though this would not be tested publicly until Parliament reconvenes.

KINIGUIDE | What happens if no one wins GE15?

Malaysiakini | Lawyers Haniff Khatri Abdulla, New Sin Yew, and Bersih chairperson Thomas Fann shared their views on this question. There are two options if no Prime Minister candidate is able to get majority support in Parliament. First, the candidate with the highest number of MPs supporting him could seek the King’s consent to form a minority government. Second, the King may call for another general election.

Democracy is a messy business

BFM | What happens if no political coalition wins a majority of parliamentary seats? New Sin Yew shared with BFM about the challenges of a hung parliament and how a transition of power should happen.

Sessions Court judge misdirected himself in convicting Repco’s Low of market manipulation, defence says

The Edge Markets | Counsel Edmund Bon, representing former Repco Holdings Bhd Chairman Low Thiam Hock, said the defence witnesses had described averaging-in of Repco shares, not market manipulation as alleged by the prosecution, and there was no rebuttal by the prosecution. Yet the judge did not address this in his judgment. Edmund appeared with Joshua Tay, New Sin Yew, and Chan Yen Hui.

As flood polls loom, Agong’s discretionary powers may come into play

Malaysiakini | When does Article 40(2)(b) of the Federal Constitution apply, allowing the YDPA discretion to reject a request to dissolve Parliament? New Sin Yew argued that the King’s discretion must be read with Article 43(4), when the PM has lost support. A call to dissolve Parliament early would be the Cabinet’s “advice” to the King, which he is constitutionally compelled to accept under Article 40(1) and Article 40(1A).

Lawyers: Drawn-out court process can be improved with technology, reforms

Malaysiakini | Lawyer New Sin Yew said the issue of drawn-out court trials is an “incredibly complex” and “multi-layered” problem. The UK had attempted to alleviate the problem through the Woolf reforms in the 1990s, but the reforms were limited to addressing cost, delay, and complexity in the civil justice system.

Clock ticks for Najib in Pekan

The Star | Najib Razak became the first former PM in the country’s history to be sent to prison for corruption. Bar Council Human Rights Committee co-chair New Sin Yew said there is no time limit to seek a royal pardon, but “Prison Regulation 2000 states that it should be done as soon as practicable after conviction”.

Explainer: Behind bars, Malaysia’s Najib has few ‘get out of jail’ cards left to play

Reuters | The Federal Court panel of five judges strongly asserted the judiciary’s independence, throwing out Najib Razak’s appeal against his corruption conviction by a lower court. Najib could apply for a pardon, which will then be reviewed by a Pardons Board headed by the King. Constitutional lawyer New Sin Yew said if Najib does not file the pardon within 14 days, he will lose his seat in Parliament.

Najib verdict: Breaking down the ruling

BFM | Former PM Najib Razak will serve a 12-year prison sentence and pay a fine of RM210 million for his conviction on seven charges of abuse of power, criminal breach of trust, and money laundering involving RM42 million belonging to SRC International. The conviction was upheld by the Federal Court. Lawyer New Sin Yew unpacked what happened legally.

Najib has 14 days to file for pardon or lose MP status

Malaysiakini | Lawyer New Sin Yew explained that if former PM Najib Razak does not file a petition for pardon within 14 days, he will lose his status as MP under Article 48 of the Federal Constitution. The power to pardon can only be exercised by the YDPA in consultation with the Pardons Board.

We are officers of the court, lawyers remind Zaid

Malaysiakini | Former PM Najib Razak discharged his lawyers in the SRC International trial for the second time in less than a month, but the Federal Court denied his lawyer permission to discharge himself. Lawyer New Sin Yew noted that the court does have overarching control over such matters. For example, if a lawyer wants to discharge for some frivolous reason, the court can say no.

Lawyer: Immigration agrees not to deport Malaysia-born mum, three kids pending challenge against detention

Malay Mail | Lawyer New Sin Yew said the Malaysian government informed the KL High Court that it would not object to the stay application of a Johor-born mother and her three Selangor-born children. The stay application is to ensure the Immigration Department would not deport the four before the High Court hears the family’s challenge against their 3-week detention by immigration authorities.

Court grants Johor voter permission to challenge EC, govt

Malaysiakini | Counsel New Sin Yew confirmed that the KL High Court allowed a legal challenge against the EC’s decision to bar a quarantined voter from voting. Beatrice Chin also represented the applicant. Article 119 of the Federal Constitution, the Election Act 1958, and the Elections (Conduct of Elections) Regulations 1981 provide the right to vote; permission from the district health officer is not provided for.