New Sin Yew

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.

Analysts: It has no implication on PM’s leadership

The Star | The government was defeated in a motion in Parliament to amend the SOSMA. Constitutional lawyer New Sin Yew said existing police powers are wide enough to address terrorism and that SOSMA was not necessary as it is disproportionate and draconian.

Violating voting rights: How unscientific SOP births tyranny

CodeBlue | The government planned to transition to endemicity, yet denied infected voters the right to vote. Lawyer New Sin Yew explained that the EC’s actions did not have the force of law as nothing in the Elections Act, the Election Offences Act or the regulations allow for the EC to block COVID-positive voters from voting.

The political and social context of the Federal Constitution

BFM | The CJ said in a speech that while a judge must remain apolitical when interpreting the Federal Constitution, they cannot afford to ignore politics; there is a difference between politics and political context. New Sin Yew gave his views on what this means, drawing from quotes by constitution expert Prof Shad Saleem Faruqi and author Lewis Carroll.

Majikan enggan iktiraf pemandu lori sebagai pekerja – Mahkamah Tinggi KL akan putuskan pada 28 Mac 2022

Sosialis | Peguam hak asasi manusia New Sin Yew dan Beatrice Chin mengutarakan bahawa dua orang pemandu lori mempunyai kelayakan untuk memfailkan tuntutan gaji, elaun, dan cuti di Jabatan Tenaga Kerja. Majikan tidak setuju dan membawa kes ini ke Mahkamah Tinggi dengan alasan mereka ialah kontraktor bebas, walaupun ciri-ciri kerja menunjukkan mereka lebih menyerupai pekerja.

Peserta nyalaan lilin kenang korban COVID-19 saman polis

Malaysiakini | Asraf Sharafi, jurucakap Sekretariat Solidariti Rakyat (SSR) berkata, “Saya telah melihat bagaimana peserta diheret, ditengking dan didera oleh pihak polis pada malam itu… tindak balas kerajaan bukanlah untuk mengerti dan menyelesaikan masalah rakyat tapi untuk mendiamkan tangisan mereka.” Plaintif diwakili oleh peguam New Sin Yew.

Cops sued over ‘wrongful’ arrests at COVID-19 vigil in August

Malaysiakini | 16 participants arrested during a candlelight vigil have filed a civil suit against the police. Their lawyer, New Sin Yew, explained that the plaintiffs are seeking a court declaration that their rights under Articles 5, 8, 9 and 10 of the Federal Constitution were violated. The participants were seen dragged, scolded, and abused by the police that night.

#Lawan organisers sue Putrajaya, police over arrests at COVID-19 candlelight vigil

Malay Mail | Sekretariat Solidariti Rakyat (SSR) filed a lawsuit against the Malaysian government and police over the arrest of 16 youths at a COVID-19 candlelight vigil. Lawyer New Sin Yew said the police’s behaviour showed clear abuse of power and wanton disregard of fundamental rights, while SSR emphasised that democratic spaces to show dissent or solidarity must not be shut down.

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.

Analysts: It has no implication on PM’s leadership

The Star | The government was defeated in a motion in Parliament to amend the SOSMA. Constitutional lawyer New Sin Yew said existing police powers are wide enough to address terrorism and that SOSMA was not necessary as it is disproportionate and draconian.

Violating voting rights: How unscientific SOP births tyranny

CodeBlue | The government planned to transition to endemicity, yet denied infected voters the right to vote. Lawyer New Sin Yew explained that the EC’s actions did not have the force of law as nothing in the Elections Act, the Election Offences Act or the regulations allow for the EC to block COVID-positive voters from voting.

The political and social context of the Federal Constitution

BFM | The CJ said in a speech that while a judge must remain apolitical when interpreting the Federal Constitution, they cannot afford to ignore politics; there is a difference between politics and political context. New Sin Yew gave his views on what this means, drawing from quotes by constitution expert Prof Shad Saleem Faruqi and author Lewis Carroll.

Majikan enggan iktiraf pemandu lori sebagai pekerja – Mahkamah Tinggi KL akan putuskan pada 28 Mac 2022

Sosialis | Peguam hak asasi manusia New Sin Yew dan Beatrice Chin mengutarakan bahawa dua orang pemandu lori mempunyai kelayakan untuk memfailkan tuntutan gaji, elaun, dan cuti di Jabatan Tenaga Kerja. Majikan tidak setuju dan membawa kes ini ke Mahkamah Tinggi dengan alasan mereka ialah kontraktor bebas, walaupun ciri-ciri kerja menunjukkan mereka lebih menyerupai pekerja.

Peserta nyalaan lilin kenang korban COVID-19 saman polis

Malaysiakini | Asraf Sharafi, jurucakap Sekretariat Solidariti Rakyat (SSR) berkata, “Saya telah melihat bagaimana peserta diheret, ditengking dan didera oleh pihak polis pada malam itu… tindak balas kerajaan bukanlah untuk mengerti dan menyelesaikan masalah rakyat tapi untuk mendiamkan tangisan mereka.” Plaintif diwakili oleh peguam New Sin Yew.

Cops sued over ‘wrongful’ arrests at COVID-19 vigil in August

Malaysiakini | 16 participants arrested during a candlelight vigil have filed a civil suit against the police. Their lawyer, New Sin Yew, explained that the plaintiffs are seeking a court declaration that their rights under Articles 5, 8, 9 and 10 of the Federal Constitution were violated. The participants were seen dragged, scolded, and abused by the police that night.

#Lawan organisers sue Putrajaya, police over arrests at COVID-19 candlelight vigil

Malay Mail | Sekretariat Solidariti Rakyat (SSR) filed a lawsuit against the Malaysian government and police over the arrest of 16 youths at a COVID-19 candlelight vigil. Lawyer New Sin Yew said the police’s behaviour showed clear abuse of power and wanton disregard of fundamental rights, while SSR emphasised that democratic spaces to show dissent or solidarity must not be shut down.