New Sin Yew

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.

Lawyers questioned by cops over candlelight vigil for Nagaenthran

Malaysiakini | Malaysian Bar Council Human Rights Committee co-chairs New Sin Yew and Yohendra Nadarajan were questioned by the police and investigated under the Peaceful Assembly Act and the Prevention and Control of Infectious Diseases Act over a candlelight vigil against an execution in Singapore. They were accompanied by law pupils Farhan Amran and Sherise Vergis.

Refugee activist Heidy Quah given discharge not amounting to acquittal for improper use of network facilities

Malay Mail | The Session Court gave Refuge for the Refugees founder Heidy Quah a DNAA as the judge found that the charge against her of improper use of network facilities failed to adhere to the strict language of section 233 of the Communications and Multimedia Act 1998. Her counsel New Sin Yew said her rights under Article 5 of the Federal Constitution have been infringed by this non-compliance.

Heidy Quah dilepas tanpa dibebaskan, pertuduhan cacat

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan (DNAA) aktivis wanita, Heidy Quah, Gaik Li daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen atas sebab pertuduhan itu adalah cacat. Peguam New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998, ini merupakan satu penyalahgunaan mahkamah.

Activist Heidy Quah granted DNAA, judge rules charge ‘defective’

The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.

Activist discharged over post on ‘mistreatment’ of refugees

Free Malaysia Today | New Sin Yew said the court held that if Quah’s trial were to proceed, it would be an abuse of process and “that would diminish or render the accused’s (Quah) constitutional right to be ineffective or illusory”.

Heidy Quah granted DNAA over post on ‘mistreatment’ of refugees

Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.

Activist Heidy Quah gets DNAA after judge rules charge defective

Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.

Does Article 10 amendment prevent another Sheraton Move?

BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.

Amend the clause to disqualify MPs also, says Azalina

Free Malaysia Today | Former Parliament Deputy Speaker Azalina Othman Said called for the amendment of Article 48 which allows for the disqualification of MPs in the Federal Constitution. Lawyer New Sin Yew concurred, noting that the proposed amendment to restrict the freedom of association could give the government full control over other political parties.

Nurul Izzah questions govt’s ’good faith’ over anti-hopping bill

Free Malaysia Today | Lawyer New Sin Yew said amending Article 10 of the Federal Constitution concerning freedom of association without amending Article 48 would render the future anti-hopping law unconstitutional. PKR’s Nurul Izzah Anwar also called for the clause to be revised as it gives the federal government the power to strip MPs of seats.

Proposed constitutional amendment is too wide, says MP

Free Malaysia Today | Subang MP Wong Chen said the bill to amend the Federal Constitution, to provide the Parliament the power to enact an anti-hopping law, contained a provision that was “too wide”. Lawyer New Sin Yew described the proposed amendments as being “very dangerous”, claiming that it would allow the government “to abuse its power to control other political parties”.

Constitutional bill to regulate party membership in lieu of anti-hopping law

Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.

Minister confirms anti-hopping bill deferred — report

Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.

Anti-hopping law: The ins and the outs

BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.

Govt’s planned anti-hopping law undemocratic, lawyer warns

Malaysiakini | The planned anti-hopping law would automatically trigger a by-election if an MP switches their party allegiance. New Sin Yew proposed recall elections instead, noting several problems with the proposed bill. For example, there would be no recourse for voters if an entire party changes sides, and elected representatives would be beholden to political parties rather than to voters.

Legal experts decry call by PAS senator for Muslim-only PM law

The Vibes | A PAS senator called for the post of the PM to be limited to Muslims. Constitutional lawyer New Sin Yew countered that even if the Federal Constitution was amended to allow for this, it is still racist and discriminatory. Former law professor Datuk Gurdial Singh warned this would undermine the basis of democracy and the concept of majority rule in Malaysia.

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.

Lawyers questioned by cops over candlelight vigil for Nagaenthran

Malaysiakini | Malaysian Bar Council Human Rights Committee co-chairs New Sin Yew and Yohendra Nadarajan were questioned by the police and investigated under the Peaceful Assembly Act and the Prevention and Control of Infectious Diseases Act over a candlelight vigil against an execution in Singapore. They were accompanied by law pupils Farhan Amran and Sherise Vergis.

Refugee activist Heidy Quah given discharge not amounting to acquittal for improper use of network facilities

Malay Mail | The Session Court gave Refuge for the Refugees founder Heidy Quah a DNAA as the judge found that the charge against her of improper use of network facilities failed to adhere to the strict language of section 233 of the Communications and Multimedia Act 1998. Her counsel New Sin Yew said her rights under Article 5 of the Federal Constitution have been infringed by this non-compliance.

Heidy Quah dilepas tanpa dibebaskan, pertuduhan cacat

Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan (DNAA) aktivis wanita, Heidy Quah, Gaik Li daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen atas sebab pertuduhan itu adalah cacat. Peguam New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998, ini merupakan satu penyalahgunaan mahkamah.

Activist Heidy Quah granted DNAA, judge rules charge ‘defective’

The Star | Activist Heidy Quah was granted a DNAA by the Sessions Court over a charge of sharing offensive content in a Facebook post alleging mistreatment of refugees at an immigration detention centre. Her lawyer New Sin Yew said the court had found the charge against Quah not in compliance with sections 152 to 154 of the Criminal Procedure Code.

Heidy Quah granted DNAA over post on ‘mistreatment’ of refugees

Sinar Daily | Heidy Quah was charged under section 233(1)(a) of the CMA with knowingly making and initiating the transmission of offensive messages by stating that refugees at the Immigration detention centres were ill-treated, with a maximum fine of RM50,000 or imprisonment for up to one year, or both, if convicted. Lawyer New Sin Yew said that the Sessions Court found the charge against his client defective.

Activist Heidy Quah gets DNAA after judge rules charge defective

Malaysiakini | Activist Heidy Quah claimed trial before the Sessions Court on a charge of improper use of network facilities to upload an offensive statement. She then filed a civil lawsuit in the High Court through law firm AmerBON to seek a court order to rule the words “offensive” and “annoy” in section 233 invalidated for violating Article 10(1) of the Federal Constitution, which guarantees the freedom of speech.

Does Article 10 amendment prevent another Sheraton Move?

BFM | Constitutional lawyer New Sin Yew shared his perspective on whether the proposed amendment to Article 10 of the Federal Constitution relating to the freedom of association will remedy the problem of politicians switching parties.

Amend the clause to disqualify MPs also, says Azalina

Free Malaysia Today | Former Parliament Deputy Speaker Azalina Othman Said called for the amendment of Article 48 which allows for the disqualification of MPs in the Federal Constitution. Lawyer New Sin Yew concurred, noting that the proposed amendment to restrict the freedom of association could give the government full control over other political parties.

Nurul Izzah questions govt’s ’good faith’ over anti-hopping bill

Free Malaysia Today | Lawyer New Sin Yew said amending Article 10 of the Federal Constitution concerning freedom of association without amending Article 48 would render the future anti-hopping law unconstitutional. PKR’s Nurul Izzah Anwar also called for the clause to be revised as it gives the federal government the power to strip MPs of seats.

Proposed constitutional amendment is too wide, says MP

Free Malaysia Today | Subang MP Wong Chen said the bill to amend the Federal Constitution, to provide the Parliament the power to enact an anti-hopping law, contained a provision that was “too wide”. Lawyer New Sin Yew described the proposed amendments as being “very dangerous”, claiming that it would allow the government “to abuse its power to control other political parties”.

Constitutional bill to regulate party membership in lieu of anti-hopping law

Malaysiakini | The constitutional amendment bill inserts a sub-clause in Article 10 that empowers federal laws to supersede the Federal Constitution on matters related not only to anti-hopping, but to “membership in a political party”. Lawyer New Sin Yew warned that this is open to abuse, by enacting laws that provide more grounds for expulsion from political parties.

Minister confirms anti-hopping bill deferred — report

Malaysiakini | The proposed anti-party hopping bill will not be tabled during the special parliamentary sitting on Monday, instead a constitutional amendment will be introduced. Lawyer New Sin Yew cautioned against a clause in the proposed bill that would trigger a by-election if an MP is expelled by their party; this is subject to abuse by a malicious party leadership.

Anti-hopping law: The ins and the outs

BFM | New Sin Yew weighed in on why the proposed anti-party hopping bill was not ideal, particularly because it did not address situations such as the “Sheraton Move” when entire parties changed coalitions, and ended up making politicians beholden to parties instead of to constituents.

Govt’s planned anti-hopping law undemocratic, lawyer warns

Malaysiakini | The planned anti-hopping law would automatically trigger a by-election if an MP switches their party allegiance. New Sin Yew proposed recall elections instead, noting several problems with the proposed bill. For example, there would be no recourse for voters if an entire party changes sides, and elected representatives would be beholden to political parties rather than to voters.

Legal experts decry call by PAS senator for Muslim-only PM law

The Vibes | A PAS senator called for the post of the PM to be limited to Muslims. Constitutional lawyer New Sin Yew countered that even if the Federal Constitution was amended to allow for this, it is still racist and discriminatory. Former law professor Datuk Gurdial Singh warned this would undermine the basis of democracy and the concept of majority rule in Malaysia.