The Edge Markets | Lawyers Edmund Bon Tai Soon, Jacqueline Albert, and New Sin Yew represented Bersih 2.0 and other NGOs which were appealing against the High Court decision not to refer constitutional questions posed under section 84 of the Courts of Judicature Act to the Federal Court.
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).
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.
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”.
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.
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.
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.
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.
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.
Malay Mail | The Immigration Department detained and sought to deport a Johor-born mother and her three Selangor-born children — all of whom are officially stateless and have never left Malaysia — to Indonesia. On 15 July, lawyer New Sin Yew filed an application to the High Court for an urgent hearing date for a stay application.
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.
Free Malaysia Today | The KL High Court granted leave to a Skudai voter to commence judicial review proceedings against the EC for stopping him from voting due to his quarantine status. New Sin Yew and Beatrice Chin appeared for the applicant.
The Edge Markets | Bersih 2.0 and two PKR MPs have filed a notice of appeal over the High Court’s decision denying their application to refer questions of law to the Federal Court under section 84 of the Courts of Judicature Act. Bersih’s lawyers Edmund Bon Tai and New Sin Yew confirmed this was done on May 27.
Amer Hamzah Arshad and New Sin Yew joins thought leaders from law, civil society, politics, and academia at the Conference on the Proposed Anti-party Hopping Law and Related Issues organised by the Bar Council, in collaboration with BERSIH, on 9 May 2022.
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.
BFM | New Sin Yew spoke to BFM about the allegations against a Court of Appeal judge and ethics of the judiciary.
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.
Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan aktivis Heidy Quah daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen. New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998 ini, ia satu penyalahgunaan mahkamah.
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.
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”.
The Edge Markets | Lawyers Edmund Bon Tai Soon, Jacqueline Albert, and New Sin Yew represented Bersih 2.0 and other NGOs which were appealing against the High Court decision not to refer constitutional questions posed under section 84 of the Courts of Judicature Act to the Federal Court.
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).
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.
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”.
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.
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.
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.
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.
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.
Malay Mail | The Immigration Department detained and sought to deport a Johor-born mother and her three Selangor-born children — all of whom are officially stateless and have never left Malaysia — to Indonesia. On 15 July, lawyer New Sin Yew filed an application to the High Court for an urgent hearing date for a stay application.
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.
Free Malaysia Today | The KL High Court granted leave to a Skudai voter to commence judicial review proceedings against the EC for stopping him from voting due to his quarantine status. New Sin Yew and Beatrice Chin appeared for the applicant.
The Edge Markets | Bersih 2.0 and two PKR MPs have filed a notice of appeal over the High Court’s decision denying their application to refer questions of law to the Federal Court under section 84 of the Courts of Judicature Act. Bersih’s lawyers Edmund Bon Tai and New Sin Yew confirmed this was done on May 27.
Amer Hamzah Arshad and New Sin Yew joins thought leaders from law, civil society, politics, and academia at the Conference on the Proposed Anti-party Hopping Law and Related Issues organised by the Bar Council, in collaboration with BERSIH, on 9 May 2022.
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.
BFM | New Sin Yew spoke to BFM about the allegations against a Court of Appeal judge and ethics of the judiciary.
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.
Utusan Malaysia | Mahkamah Sesyen melepas tanpa membebaskan aktivis Heidy Quah daripada pertuduhan membuat komunikasi jelik berhubung dakwaan penganiayaan pelarian di pusat tahanan Imigresen. New Sin Yew berkata jika perbicaraan diteruskan dengan pertuduhan yang gagal mematuhi takrifan seksyen 233 Akta Komunikasi dan Multimedia 1998 ini, ia satu penyalahgunaan mahkamah.
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.
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”.
