New Sin Yew

Addressing PM Mahiaddin Md Yasin

BFM | New Sin Yew spoke about the PM’s legal name change, the Ministerial Functions Act 1969, and the consequences of using a “glamour name” instead of the name registered in MyKad. The Shah Alam High Court recently reversed a detention order signed by Muhyiddin Mohd Yassin; the procedural requirement under the law is that orders must be signed by the Home Minister — Mahiaddin Md Yasin.

Undi18: Youths win leave for judicial review of EC’s decision to delay lowering voting age

Malay Mail | The High Court judge held that the respondents — the PM, the Malaysian government and the EC — are categorised as public authorities; their decisions are amenable or subject to review by the courts. He also agreed that the 18 Malaysian youths have been adversely affected by the respondents’ decision not to enforce the lower voting age by July 2021. New Sin Yew and Beatrice Chin, together with five other lawyers, represented the youths.

High Court to hear NGOs’ bid to refer Emergency Ordinance questions to Federal Court

The Edge Markets | The High Court will hear on July 22 an application by seven NGOs to refer questions of law related to the Emergency to the Federal Court. Lawyer New Sin Yew said this application cannot be deemed academic even if the Emergency ends, as they are challenging the ouster clause in Article 150(8) of the Federal Constitution, which excludes the court’s scrutiny over emergency declarations and ordinances.

July 22 date for Bersih, PKR lawmakers’ bids to have Federal Court decide if Parliament’s suspension during Emergency is constitutional

Malay Mail | Seven NGOs are seeking several court orders, including declarations that section 14 of the Emergency (Essential Powers) Ordinance 2021 which suspended parliamentary sittings was unconstitutional. and that Article 150(8) of the Federal Constitution violates the basic structure doctrine as well as Articles 4, 8 and 121. Lawyer New Sin Yew said the High Court will hear the applications to refer questions to the Federal Court before dealing with the actual lawsuit.

High Court to hear bid to refer questions on emergency to Federal Court

Free Malaysia Today | The High Court will hear an application by NGOs on the emergency proclamation on July 22. The groups’ lawyer, New Sin Yew, told the court that the group, the AGC, and the five intervenors have filed their affidavits for the application. Two PKR lawmakers also filed constitutional questions which the court will hear on the same day.

Is satire a crime?

BFM | Political artist Fahmi Reza was arrested and detained overnight for offences under the Sedition Act and section 233 of the Communications and Multimedia Act. New Sin Yew explained these laws, the powers of the police under the Criminal Procedure Code, how charges could be brought against the accused, and the policing of freedom of speech.

Bersyukur dengan keputusan rayuan di Mahkamah Persekutuan

Facebook | Bekas MB Selangor Abdul Khalid Ibrahim merakamkan kesyukurannya terhadap keputusan rayuan di Mahkamah Persekutuan mengenai pemberian pampasan kepada pegawai-pegawai MBI Selangor. Mereka diwakili barisan peguam yang diketuai Edmund Bon dan New Sin Yew.

Ex-MB’s aides get to keep RM2.7mil payout

Free Malaysia Today | Court of Appeal president Rohana Yusuf said MBI Selangor, established under the MBI Enactment, was a sole legal entity and Khalid was legally empowered to approve the VSS payments. Lawyer New Sin Yew represented his former staff.

18 youths haul PM, govt to court over Undi18

Malaysiakini | 18 Malaysian youths representing the Undi18 movement filed a judicial review against the PM, the government, and the Election Commission, seeking to compel the government to implement the policy by this July. Lawyer New Sin Yew said the legal action is for the approximately 1.2 million youths, aged 18 to 20, who are currently disenfranchised.

After Undi18 pushed to 2022, 18 Malaysian youths sue PM, EC for right to vote by July

Malay Mail | 18 youths sued the Prime Minister, the federal government and the Election Commission, filing a judicial review application seeking 14 court orders including a declaration that the government’s action in delaying the lowering of voting age from 21 to 18 was irrational, illegal, disproportionate and amounts to voter suppression. Lawyer New Sin Yew represented the youths together with Lim Wei Jiet.

‘Undi18 can be done now through existing system, don’t delay’

Malaysiakini | Undi18 and Muda plan to secure a mandamus order to compel the government to implement voter registration for those aged 18 to 20. Lawyer New Sin Yew explained that if the lawsuit succeeds, the government would be forced to amend the Federal Constitution and lower the voting age.

Malaysia court allows rights groups to challenge Myanmar deportations

Reuters | The KL High Court ruling paves the way for a full hearing on the deportations of Myanmar nationals and extends a stay barring the removal of 114 more people to Myanmar. Lawyer New Sin Yew lauded this important decision because it recognises the functions and standing of NGOs in bringing judicial review to hold the authorities accountable.

After Agong’s remarks, lawyers say still Muhyiddin’s prerogative to choose when Parliament meets

Malay Mail | While Section 14(1)(b) of the Emergency (Essential Powers) Ordinance 2021 empowered the YDPA to convene Parliament, it does not suspend Article 40 of the Federal Constitution which requires him to act on the advice of the PM. Nevertheless, New Sin Yew urged the PM to reconvene Parliament as soon as possible given that most activities in the country are allowed to resume operations.

Should public officials file defamation suits?

BFM | Ding Jo-Ann and New Sin Yew warn that allowing public officials to sue for defamation, going against the common law Derbyshire principle, will have a chilling effect on the freedom of speech.

Addressing PM Mahiaddin Md Yasin

BFM | New Sin Yew spoke about the PM’s legal name change, the Ministerial Functions Act 1969, and the consequences of using a “glamour name” instead of the name registered in MyKad. The Shah Alam High Court recently reversed a detention order signed by Muhyiddin Mohd Yassin; the procedural requirement under the law is that orders must be signed by the Home Minister — Mahiaddin Md Yasin.

Undi18: Youths win leave for judicial review of EC’s decision to delay lowering voting age

Malay Mail | The High Court judge held that the respondents — the PM, the Malaysian government and the EC — are categorised as public authorities; their decisions are amenable or subject to review by the courts. He also agreed that the 18 Malaysian youths have been adversely affected by the respondents’ decision not to enforce the lower voting age by July 2021. New Sin Yew and Beatrice Chin, together with five other lawyers, represented the youths.

High Court to hear NGOs’ bid to refer Emergency Ordinance questions to Federal Court

The Edge Markets | The High Court will hear on July 22 an application by seven NGOs to refer questions of law related to the Emergency to the Federal Court. Lawyer New Sin Yew said this application cannot be deemed academic even if the Emergency ends, as they are challenging the ouster clause in Article 150(8) of the Federal Constitution, which excludes the court’s scrutiny over emergency declarations and ordinances.

July 22 date for Bersih, PKR lawmakers’ bids to have Federal Court decide if Parliament’s suspension during Emergency is constitutional

Malay Mail | Seven NGOs are seeking several court orders, including declarations that section 14 of the Emergency (Essential Powers) Ordinance 2021 which suspended parliamentary sittings was unconstitutional. and that Article 150(8) of the Federal Constitution violates the basic structure doctrine as well as Articles 4, 8 and 121. Lawyer New Sin Yew said the High Court will hear the applications to refer questions to the Federal Court before dealing with the actual lawsuit.

High Court to hear bid to refer questions on emergency to Federal Court

Free Malaysia Today | The High Court will hear an application by NGOs on the emergency proclamation on July 22. The groups’ lawyer, New Sin Yew, told the court that the group, the AGC, and the five intervenors have filed their affidavits for the application. Two PKR lawmakers also filed constitutional questions which the court will hear on the same day.

Is satire a crime?

BFM | Political artist Fahmi Reza was arrested and detained overnight for offences under the Sedition Act and section 233 of the Communications and Multimedia Act. New Sin Yew explained these laws, the powers of the police under the Criminal Procedure Code, how charges could be brought against the accused, and the policing of freedom of speech.

Bersyukur dengan keputusan rayuan di Mahkamah Persekutuan

Facebook | Bekas MB Selangor Abdul Khalid Ibrahim merakamkan kesyukurannya terhadap keputusan rayuan di Mahkamah Persekutuan mengenai pemberian pampasan kepada pegawai-pegawai MBI Selangor. Mereka diwakili barisan peguam yang diketuai Edmund Bon dan New Sin Yew.

Ex-MB’s aides get to keep RM2.7mil payout

Free Malaysia Today | Court of Appeal president Rohana Yusuf said MBI Selangor, established under the MBI Enactment, was a sole legal entity and Khalid was legally empowered to approve the VSS payments. Lawyer New Sin Yew represented his former staff.

18 youths haul PM, govt to court over Undi18

Malaysiakini | 18 Malaysian youths representing the Undi18 movement filed a judicial review against the PM, the government, and the Election Commission, seeking to compel the government to implement the policy by this July. Lawyer New Sin Yew said the legal action is for the approximately 1.2 million youths, aged 18 to 20, who are currently disenfranchised.

After Undi18 pushed to 2022, 18 Malaysian youths sue PM, EC for right to vote by July

Malay Mail | 18 youths sued the Prime Minister, the federal government and the Election Commission, filing a judicial review application seeking 14 court orders including a declaration that the government’s action in delaying the lowering of voting age from 21 to 18 was irrational, illegal, disproportionate and amounts to voter suppression. Lawyer New Sin Yew represented the youths together with Lim Wei Jiet.

‘Undi18 can be done now through existing system, don’t delay’

Malaysiakini | Undi18 and Muda plan to secure a mandamus order to compel the government to implement voter registration for those aged 18 to 20. Lawyer New Sin Yew explained that if the lawsuit succeeds, the government would be forced to amend the Federal Constitution and lower the voting age.

Malaysia court allows rights groups to challenge Myanmar deportations

Reuters | The KL High Court ruling paves the way for a full hearing on the deportations of Myanmar nationals and extends a stay barring the removal of 114 more people to Myanmar. Lawyer New Sin Yew lauded this important decision because it recognises the functions and standing of NGOs in bringing judicial review to hold the authorities accountable.

After Agong’s remarks, lawyers say still Muhyiddin’s prerogative to choose when Parliament meets

Malay Mail | While Section 14(1)(b) of the Emergency (Essential Powers) Ordinance 2021 empowered the YDPA to convene Parliament, it does not suspend Article 40 of the Federal Constitution which requires him to act on the advice of the PM. Nevertheless, New Sin Yew urged the PM to reconvene Parliament as soon as possible given that most activities in the country are allowed to resume operations.

Should public officials file defamation suits?

BFM | Ding Jo-Ann and New Sin Yew warn that allowing public officials to sue for defamation, going against the common law Derbyshire principle, will have a chilling effect on the freedom of speech.