New Sin Yew

Malay Mail | The Health Ministry has proposed amendments to the Prevention and Control of Infectious Diseases Act. Lawyer New Sin Yew was concerned that the amendments do not distinguish between breaches, e.g. forgetting to wear a face mask and throwing a party during lockdown. He proposed adding a Schedule with a scale and mitigating factors to guide authorities.

Malaysiakini | Despite losing his appeal over his guilty verdict, former PM Najib Razak has not ruled out seeking re-election at GE15; he said the terms of disqualification were “subject to interpretation”. New Sin Yew explained that while Article 48(4) of the Federal Constitution allows for convicted MPs to continue to serve in Parliament pending appeal, Article 48(5) states that Clause (4) does not apply for elections.

BFM | Constitutional lawyer New Sin Yew unpacked the legal details of the case against vernacular schools, explaining Article 152 of the Federal Constitution, sections 2, 17 and 28 of the Education Act 1966, etc. He commented that the plaintiffs appeared blind towards legislative history and the way these laws were drafted, mindful of the needs of minority communities.

Malay Mail | Lawyer New Sin Yew, co-chair of the Bar Council’s Human Rights Committee, argued that a total ban on any election gatherings during the campaign period would be contrary to the legal rights given to Malaysians under the Federal Constitution and the Election Offences Act. Regulations are subsidiary legislation and cannot override primary legislation such as Acts enacted by Parliament.

Free Malaysia Today | The Malaysian Bar, the Advocates Association of Sarawak, and the Sabah Law Society submitted an appeal for clemency to the Singapore government not to proceed with the execution of Malaysian Nagaenthran K. Dharmalingam as he suffers from a mental disability. Malaysian Bar Human Rights Committee co-chair New Sin Yew called for the death penalty to be abolished.

Malay Mail | New Sin Yew said the Malaysian Bar holds a clear stance on the death penalty, that it is a cruel and unusual punishment that should be abolished. Nagaenthran K. Dharmalingam had been arrested in 2009 at the age of 21 for carrying drugs and diagnosed by a qualified Singapore-based psychiatrist with a borderline intellectual disability, but was still sentenced to death in Singapore.

Malay Mail | Constitutional lawyer New Sin Yew said Najib Razak can run in a parliamentary election only if he succeeds in his appeal, receives a royal pardon, or if the King uses his discretion to remove the disqualification despite Najib being convicted for corruption.

Malay Mail | The caretaker position gave PM Muhyiddin Yassin the same power and authority he had as the eighth PM of Malaysia. Lawyer New Sin Yew explained that the Federal Constitution did not distinguish whether a PM was permanent or only a caretaker. However, the latter was bounded by convention not to make major policy decisions.