New Sin Yew

Lawyer: MMC never legally designed to be independent from government

CodeBlue | At The Great Parallel Pathway Debate, lawyer New Sin Yew says the Malaysian Medical Council was never designed under the Medical Act 1971 to be independent of government control. He argued that section 8 shows that MOH has clear and effective control over MMC if it wants to, and these two bodies should be aligned.

Bersih unveils comprehensive electoral reforms for fairer polls

Malaysiakini | In line with their #Reformasi100percent campaign, electoral watchdog Bersih released recommendations to amend the Election Offences Act 1954. The report, authored by Asraf Sharafi, New Sin Yew, and Benjamin Wei, identified areas for improvement in the Act, including the use of complex language, lack of definitions, and impractical candidate allocations, among others.

61 plead not guilty to aiding management of illegal gambling centre

Free Malaysia Today | The accused were charged for offences under section 4(1)(c) of the Common Gaming Houses Act 1953. Lawyers Navin Punj, Dinesh Kumar, Premjeet Singh Gil, Paramjit Kaur, and New Sin Yew, who represented all the accused, pleaded for a lower bail because they have families to take care of and had cooperated with the police.

Lawyers pan Hadi’s ‘malicious’ remarks about judges

Malaysiakini | Several lawyers spoke up against PAS president Abdul Hadi Awang for labelling judges as “unwise”. Lawyer New Sin Yew said it was malicious and plain wrong for the the Marang MP to call the judges unwise for doing their constitutional duty. The judges took the oath to uphold and defend the Constitution, and that was precisely what they did.

Is the Pardons Board decision on Najib the Agong’s call?

Malaysiakini | Lawyer New Sin Yew concurred that former PM Najib Razak’s reduced sentence will not affect the his other cases. The court will have to take into account whether Najib is in prison or not when sentencing him, if found guilty. The new YDPA is not prohibited from further reducing or granting Najib a full pardon.

‘Govt censorship on 3R issues exceeds Sedition Act provisions’

Malaysiakini | The government’s censorship of discussions related to race, royalty, and religion issues is “very problematic” as laws actually provide for legitimate discourse on the matter, said lawyer New Sin Yew of AmerBON. He said the content of comments made on 3R issues must be taken into context rather than the enforcement of absolute censorship.

Holding the Attorney General accountable

BFM | Constitutional lawyer New Sin Yew discussed whether the separation of the Attorney General and Public Prosecutor roles could hold the AG accountable to the public for prosecutorial decisions, such as the dropping of criminal charges.

Will Netflix listen if Putrajaya heeds Najib’s request to remove ‘Man on the Run’?

Malay Mail | Former PM Najib’s lawyer Muhammad Shafee Abdullah had complained about the contents of the 1MDB documentary Man on the Run to the High Court during the 1MDB trial proceedings. Lawyer New Sin Yew opined that it would be hard to force Netflix to heed any request to remove the documentary. He also believed that Netflix, being a foreign-based entity with servers abroad, raises jurisdictional challenges.

From ‘Dubai Move’ to ‘Chow Kit Move’: Experts say toppling bid highlights unpatched loopholes in anti-hopping law

Malay Mail | Legal experts sounded alarm against recent attempts by PN to topple the Anwar administration through defections, highlighting how the anti-party hopping law has not addressed defections. Lawyer New Sin Yew likened loopholes in the law to a doughnut with a hole in the middle – as long as the MPs stay with their party and don’t resign, even if they are sacked from their parties, they will not lose their seats.

Legal experts divided on royal control over MACC, Petronas

Malaysiakini | The YDPA-in-waiting suggested for MACC and Petronas to report directly to the throne. Lawyer New Sin Yew opined that while the YDPA is entitled to information concerning the government as stipulated in Article 40(1) of the Federal Constitution, for government agencies to report directly to him is a different matter.

Shafee fails to secure Bar slot as activists win

Free Malaysia Today | A group of younger activist lawyers took most of the top 16 places in the Bar Council election. Fahri Azzat, who represents women’s rights group Sisters in Islam, came in top place with 2,449 votes. Anand Raj, the current Bar secretary, came in second with 2,413 votes, while human rights lawyer New Sin Yew finished third with 2,301 votes.

Govt tables updated Smoking Control Bill, GEG sections removed

Malaysiakini | The government dropped provisions related to the tobacco and vape ban based on age from the revised bill on smoking products. The AG opined that the provisions violated Article 8 of the Federal Constitution which guaranteed equality, but lawyer New Sin Yew previously argued that Article 8 permits discrimination if the discrimination was in pursuit of a “legitimate objective”.

Lawyers: Govt can go ahead with the Bill

The Star | Human rights lawyer New Sin Yew said the government could seek a second opinion if it is unsatisfied with the AG’s advice that the GEG provision in the Control of Smoking Products for Public Health Bill 2023 is unconstitutional. The government could also advise the YDPA to refer the question to the Federal Court. Prohibitions on harmful substances are found all over the world.

Constitutional smokescreen preventing GEG?

BFM | New Sin Yew explained whether legal arguments, based on the Federal Constitution, regarding the Control of Smoking Products for Public Health Bill 2023 are considered absolute.

KJ accuses two ministers and ‘the gaffer’ of blocking GEG bill

Malaysiakini | The cabinet had allegedly decided to drop provisions related to the tobacco and vape ban based on age from the Control of Smoking Products for Public Health Bill 2023, citing Article 8 of the Federal Constitution on equality. Lawyer New Sin Yew discrimination is permitted if there is an “intelligible differentia” and if the discrimination was in pursuit of a “legitimate objective”.

Home Minister defends Swatch raids, citing public complaints

Malaysiakini | Asked for comments on lawyer New Sin Yew’s argument that the Home Ministry had illegally raided and seized Swatch products, Home Minister Saifuddin Nasution Ismail defended the move, citing public complaints and the PPPA, which is under the purview of the Home Ministry’s enforcement and control division.

Lawyer slams ‘illegal’ Swatch raids, ban order made three months after

Malaysiakini | Lawyer New Sin Yew said the Home Ministry had acted illegally in May to raid Swatch stores and seize 172 items because there was no gazetted order under section 7 of the PPPA at that time. Article 7 of the Federal Constitution provides that “no person shall be punished for an act or omission which was not punishable by law when it was done or made…”.

Businessman pleads not guilty to conspiring to cheat 3 firms of RM13mil

Free Malaysia Today | A businessman claimed trial in the sessions court here today on 12 charges of using false documents to cheat three firms of RM13 million. If found guilty, he faces a jail term of up to seven years and a fine. He was represented by lawyers Amer Hamzah Arshad and New Sin Yew.

Lawyer: MMC never legally designed to be independent from government

CodeBlue | At The Great Parallel Pathway Debate, lawyer New Sin Yew says the Malaysian Medical Council was never designed under the Medical Act 1971 to be independent of government control. He argued that section 8 shows that MOH has clear and effective control over MMC if it wants to, and these two bodies should be aligned.

Bersih unveils comprehensive electoral reforms for fairer polls

Malaysiakini | In line with their #Reformasi100percent campaign, electoral watchdog Bersih released recommendations to amend the Election Offences Act 1954. The report, authored by Asraf Sharafi, New Sin Yew, and Benjamin Wei, identified areas for improvement in the Act, including the use of complex language, lack of definitions, and impractical candidate allocations, among others.

61 plead not guilty to aiding management of illegal gambling centre

Free Malaysia Today | The accused were charged for offences under section 4(1)(c) of the Common Gaming Houses Act 1953. Lawyers Navin Punj, Dinesh Kumar, Premjeet Singh Gil, Paramjit Kaur, and New Sin Yew, who represented all the accused, pleaded for a lower bail because they have families to take care of and had cooperated with the police.

Lawyers pan Hadi’s ‘malicious’ remarks about judges

Malaysiakini | Several lawyers spoke up against PAS president Abdul Hadi Awang for labelling judges as “unwise”. Lawyer New Sin Yew said it was malicious and plain wrong for the the Marang MP to call the judges unwise for doing their constitutional duty. The judges took the oath to uphold and defend the Constitution, and that was precisely what they did.

Is the Pardons Board decision on Najib the Agong’s call?

Malaysiakini | Lawyer New Sin Yew concurred that former PM Najib Razak’s reduced sentence will not affect the his other cases. The court will have to take into account whether Najib is in prison or not when sentencing him, if found guilty. The new YDPA is not prohibited from further reducing or granting Najib a full pardon.

‘Govt censorship on 3R issues exceeds Sedition Act provisions’

Malaysiakini | The government’s censorship of discussions related to race, royalty, and religion issues is “very problematic” as laws actually provide for legitimate discourse on the matter, said lawyer New Sin Yew of AmerBON. He said the content of comments made on 3R issues must be taken into context rather than the enforcement of absolute censorship.

Holding the Attorney General accountable

BFM | Constitutional lawyer New Sin Yew discussed whether the separation of the Attorney General and Public Prosecutor roles could hold the AG accountable to the public for prosecutorial decisions, such as the dropping of criminal charges.

Will Netflix listen if Putrajaya heeds Najib’s request to remove ‘Man on the Run’?

Malay Mail | Former PM Najib’s lawyer Muhammad Shafee Abdullah had complained about the contents of the 1MDB documentary Man on the Run to the High Court during the 1MDB trial proceedings. Lawyer New Sin Yew opined that it would be hard to force Netflix to heed any request to remove the documentary. He also believed that Netflix, being a foreign-based entity with servers abroad, raises jurisdictional challenges.

From ‘Dubai Move’ to ‘Chow Kit Move’: Experts say toppling bid highlights unpatched loopholes in anti-hopping law

Malay Mail | Legal experts sounded alarm against recent attempts by PN to topple the Anwar administration through defections, highlighting how the anti-party hopping law has not addressed defections. Lawyer New Sin Yew likened loopholes in the law to a doughnut with a hole in the middle – as long as the MPs stay with their party and don’t resign, even if they are sacked from their parties, they will not lose their seats.

Legal experts divided on royal control over MACC, Petronas

Malaysiakini | The YDPA-in-waiting suggested for MACC and Petronas to report directly to the throne. Lawyer New Sin Yew opined that while the YDPA is entitled to information concerning the government as stipulated in Article 40(1) of the Federal Constitution, for government agencies to report directly to him is a different matter.

Shafee fails to secure Bar slot as activists win

Free Malaysia Today | A group of younger activist lawyers took most of the top 16 places in the Bar Council election. Fahri Azzat, who represents women’s rights group Sisters in Islam, came in top place with 2,449 votes. Anand Raj, the current Bar secretary, came in second with 2,413 votes, while human rights lawyer New Sin Yew finished third with 2,301 votes.

Govt tables updated Smoking Control Bill, GEG sections removed

Malaysiakini | The government dropped provisions related to the tobacco and vape ban based on age from the revised bill on smoking products. The AG opined that the provisions violated Article 8 of the Federal Constitution which guaranteed equality, but lawyer New Sin Yew previously argued that Article 8 permits discrimination if the discrimination was in pursuit of a “legitimate objective”.

Lawyers: Govt can go ahead with the Bill

The Star | Human rights lawyer New Sin Yew said the government could seek a second opinion if it is unsatisfied with the AG’s advice that the GEG provision in the Control of Smoking Products for Public Health Bill 2023 is unconstitutional. The government could also advise the YDPA to refer the question to the Federal Court. Prohibitions on harmful substances are found all over the world.

Constitutional smokescreen preventing GEG?

BFM | New Sin Yew explained whether legal arguments, based on the Federal Constitution, regarding the Control of Smoking Products for Public Health Bill 2023 are considered absolute.

KJ accuses two ministers and ‘the gaffer’ of blocking GEG bill

Malaysiakini | The cabinet had allegedly decided to drop provisions related to the tobacco and vape ban based on age from the Control of Smoking Products for Public Health Bill 2023, citing Article 8 of the Federal Constitution on equality. Lawyer New Sin Yew discrimination is permitted if there is an “intelligible differentia” and if the discrimination was in pursuit of a “legitimate objective”.

Home Minister defends Swatch raids, citing public complaints

Malaysiakini | Asked for comments on lawyer New Sin Yew’s argument that the Home Ministry had illegally raided and seized Swatch products, Home Minister Saifuddin Nasution Ismail defended the move, citing public complaints and the PPPA, which is under the purview of the Home Ministry’s enforcement and control division.

Lawyer slams ‘illegal’ Swatch raids, ban order made three months after

Malaysiakini | Lawyer New Sin Yew said the Home Ministry had acted illegally in May to raid Swatch stores and seize 172 items because there was no gazetted order under section 7 of the PPPA at that time. Article 7 of the Federal Constitution provides that “no person shall be punished for an act or omission which was not punishable by law when it was done or made…”.

Businessman pleads not guilty to conspiring to cheat 3 firms of RM13mil

Free Malaysia Today | A businessman claimed trial in the sessions court here today on 12 charges of using false documents to cheat three firms of RM13 million. If found guilty, he faces a jail term of up to seven years and a fine. He was represented by lawyers Amer Hamzah Arshad and New Sin Yew.