New Sin Yew

After 1,086 Myanmar nationals repatriated, High Court extends order to suspend further deportations until March 9 decision on lawsuit

Malay Mail | New Sin Yew confirmed that the lawyers for Amnesty International Malaysia and Asylum Access Malaysia still did not have information on the 1,200 Myanmar nationals detained and those who had already been deported to Myanmar. The status of the 17 minors and the three UNHCR-recognised refugees named in the lawsuit were also unknown.

Court extends order against deportation of remaining Myanmar refugees

Malaysiakini | KL High Court Judge Mariana Yahya allowed the extension of the order until March 9 against the deportation of Myanmar nationals back to the country currently facing a military coup and deadly protests. Lawyer New Sin Yew, among others, is acting for Amnesty International and Asylum Access.

Court issues interim stay on deportation of 1,200 Myanmar nationals

Malaysiakini | Amnesty International Malaysia and Asylum Access Malaysia filed an application to seek the KL High Court’s intervention to stop the deportation of Myanmar nationals, include asylum seekers registered with the UNHCR. The two NGOs were represented by Ambiga Sreenevasan, Lim Wei Jiet, and Gokul Radhakrishnan of Sreenevasan Advocates & Solicitors, as well as New Sin Yew of AmerBON.

NGOs seek court intervention to stop deportation of 1,200 to Myanmar

Malaysiakini | Amnesty International Malaysia and Asylum Access Malaysia filed a judicial review to stop the deportation of 1,200 people, including asylum seekers and refugees, back to Myanmar. They were represented by Ambiga Sreenevasan, Lim Wei Jiet and Gokul Radhakrishnan of Sreenevasan Advocates & Solicitors, and New Sin Yew of AmerBON.

Appeals Court allows Puncak Niaga to reinstate RM14b case against Khalid but not Azmin

The Edge Markets | Puncak Niaga sued three parties in November 2017 — two former Selangor MBs, Abdul Khalid Ibrahim and Azmin Ali, and the Selangor government. In February 2018, the Shah Alam High Court struck out the suit against the three defendants but the Court of Appeal partially overruled the High Court judgment. Khalid was represented by counsel Edmund Bon and New Sin Yew.

Lawyers worry over expanded ‘draconian’ govt powers

Malaysiakini | The Emergency (Essential Powers) Ordinance 2021 takes away elections in Malaysia indefinitely, suspends Parliament and State Legislatures, and gives the government wide powers to acquire private property, critiqued lawyer New Sin Yew. This is no democracy.

A 101 on Emergency 2021

BFM | Article 150(1) of the Federal Constitution provides for a proclamation of emergency if security, economic life, or public order in the country is threatened. New Sin Yew mused that an emergency would not stop the spread of a pandemic; the coronavirus would not run away. He explained the suspension of Parliament, safeguards in Article 150(3), the role of the Yang di-Pertuan Agong, and what dissatisfied citizens can do when democracy has been put on lockdown.

No check on PM’s powers as Parliament suspended – lawyers

Malaysiakini | Prime Minister Muhyiddin Yassin announced that Dewan Rakyat sittings are suspended during the emergency. According to constitutional lawyer New Sin Yew, this amounted to a disappearance of checks and balances on the actions of the government.

Federal Court reserves decision in appeal by ex staff of former Selangor MB

The Sun Daily | Lawyers Edmund Bon and New Sin Yew represented seven former staff of MBI Selangor in their appeal to the Federal Court. Edmund argued, because the MB was the sole legal entity under MBI Selangor, the MB did not need to seek approval from the board of directors for VSS payments made to the staff.

Can you sue a carpark operator?

BFM | Sunway Parking Services was ordered to pay RM117,000 in damages to a car rental company for the theft of a vehicle in its parking premises. Lawyer New Sin Yew offered his legal opinion on the liability of car park operators for car thefts, which depends on the relationship between the car owner and car park operator.

Law & Behold #34: Budget 2021

BFM | The Dewan Rakyat passed the second reading of the RM322.5 billion (US$79 billion) Budget 2021 yesterday, the largest budget ever tabled in Malaysia. New Sin Yew joined Emeritus Professor Datuk Dr Shad Saleem Faruqi to explain the policy and committee stages of the budget debate, and what would happen if the budget failed to be passed.

Malaysia’s King rejects emergency rule in blow to PM Muhyiddin

Reuters | The King was of the opinion that there was no need for an emergency in the country, calling foran end to politicking that could destabilise the administration. New Sin Yew, a constitutional lawyer, said that if the PM had formally advised the King to impose a state of emergency, in a constitutional monarchy, the monarch would have been obliged to comply.

The ’emergency’: Agong’s two options after he meets Malay rulers

Malaysiakini | Constitutional lawyer New Sin Yew noted that while the Agong must act in accordance with the government’s advice as required by Article 40 of the Federal Constitution, in reality, the government cannot ignore the influence and power of our Royal Institution when it comes to decision-making.

COVID-19 patients have constitutional right to vote – lawyers, Bersih

Malaysiakini | The government announced that COVID-19 patients would not be allowed to vote in the Sabah polls. Lawyer New Sin Yew said the government had no right to do so and should instead provide “reasonable assistance” for COVID-19 patients to vote. The right to vote is enshrined under Article 119(1) of the Federal Constitution.

Dr M’s suit against Speaker, Deputy Speaker is non-justiciable, says counsel

The Edge Markets | Counsel Amer Hamzah Arshad, representing the Dewan Rakyat Speaker and Deputy Speaker, said that the Court cannot look into the appointment of the Speaker due to the principle of the separation of powers protected under Article 63(1) of the Federal Constitution. Amer appeared with New Sin Yew and was assisted by Hoe Sue Lu and Lee Yee Woei.

Court extends order against deportation of remaining Myanmar refugees

Malaysiakini | KL High Court Judge Mariana Yahya allowed the extension of the order until March 9 against the deportation of Myanmar nationals back to the country currently facing a military coup and deadly protests. Lawyer New Sin Yew, among others, is acting for Amnesty International and Asylum Access.

Court issues interim stay on deportation of 1,200 Myanmar nationals

Malaysiakini | Amnesty International Malaysia and Asylum Access Malaysia filed an application to seek the KL High Court’s intervention to stop the deportation of Myanmar nationals, include asylum seekers registered with the UNHCR. The two NGOs were represented by Ambiga Sreenevasan, Lim Wei Jiet, and Gokul Radhakrishnan of Sreenevasan Advocates & Solicitors, as well as New Sin Yew of AmerBON.

NGOs seek court intervention to stop deportation of 1,200 to Myanmar

Malaysiakini | Amnesty International Malaysia and Asylum Access Malaysia filed a judicial review to stop the deportation of 1,200 people, including asylum seekers and refugees, back to Myanmar. They were represented by Ambiga Sreenevasan, Lim Wei Jiet and Gokul Radhakrishnan of Sreenevasan Advocates & Solicitors, and New Sin Yew of AmerBON.

Appeals Court allows Puncak Niaga to reinstate RM14b case against Khalid but not Azmin

The Edge Markets | Puncak Niaga sued three parties in November 2017 — two former Selangor MBs, Abdul Khalid Ibrahim and Azmin Ali, and the Selangor government. In February 2018, the Shah Alam High Court struck out the suit against the three defendants but the Court of Appeal partially overruled the High Court judgment. Khalid was represented by counsel Edmund Bon and New Sin Yew.

Lawyers worry over expanded ‘draconian’ govt powers

Malaysiakini | The Emergency (Essential Powers) Ordinance 2021 takes away elections in Malaysia indefinitely, suspends Parliament and State Legislatures, and gives the government wide powers to acquire private property, critiqued lawyer New Sin Yew. This is no democracy.

A 101 on Emergency 2021

BFM | Article 150(1) of the Federal Constitution provides for a proclamation of emergency if security, economic life, or public order in the country is threatened. New Sin Yew mused that an emergency would not stop the spread of a pandemic; the coronavirus would not run away. He explained the suspension of Parliament, safeguards in Article 150(3), the role of the Yang di-Pertuan Agong, and what dissatisfied citizens can do when democracy has been put on lockdown.

No check on PM’s powers as Parliament suspended – lawyers

Malaysiakini | Prime Minister Muhyiddin Yassin announced that Dewan Rakyat sittings are suspended during the emergency. According to constitutional lawyer New Sin Yew, this amounted to a disappearance of checks and balances on the actions of the government.

Federal Court reserves decision in appeal by ex staff of former Selangor MB

The Sun Daily | Lawyers Edmund Bon and New Sin Yew represented seven former staff of MBI Selangor in their appeal to the Federal Court. Edmund argued, because the MB was the sole legal entity under MBI Selangor, the MB did not need to seek approval from the board of directors for VSS payments made to the staff.

Can you sue a carpark operator?

BFM | Sunway Parking Services was ordered to pay RM117,000 in damages to a car rental company for the theft of a vehicle in its parking premises. Lawyer New Sin Yew offered his legal opinion on the liability of car park operators for car thefts, which depends on the relationship between the car owner and car park operator.

Law & Behold #34: Budget 2021

BFM | The Dewan Rakyat passed the second reading of the RM322.5 billion (US$79 billion) Budget 2021 yesterday, the largest budget ever tabled in Malaysia. New Sin Yew joined Emeritus Professor Datuk Dr Shad Saleem Faruqi to explain the policy and committee stages of the budget debate, and what would happen if the budget failed to be passed.

Malaysia’s King rejects emergency rule in blow to PM Muhyiddin

Reuters | The King was of the opinion that there was no need for an emergency in the country, calling foran end to politicking that could destabilise the administration. New Sin Yew, a constitutional lawyer, said that if the PM had formally advised the King to impose a state of emergency, in a constitutional monarchy, the monarch would have been obliged to comply.

The ’emergency’: Agong’s two options after he meets Malay rulers

Malaysiakini | Constitutional lawyer New Sin Yew noted that while the Agong must act in accordance with the government’s advice as required by Article 40 of the Federal Constitution, in reality, the government cannot ignore the influence and power of our Royal Institution when it comes to decision-making.

COVID-19 patients have constitutional right to vote – lawyers, Bersih

Malaysiakini | The government announced that COVID-19 patients would not be allowed to vote in the Sabah polls. Lawyer New Sin Yew said the government had no right to do so and should instead provide “reasonable assistance” for COVID-19 patients to vote. The right to vote is enshrined under Article 119(1) of the Federal Constitution.

Dr M’s suit against Speaker, Deputy Speaker is non-justiciable, says counsel

The Edge Markets | Counsel Amer Hamzah Arshad, representing the Dewan Rakyat Speaker and Deputy Speaker, said that the Court cannot look into the appointment of the Speaker due to the principle of the separation of powers protected under Article 63(1) of the Federal Constitution. Amer appeared with New Sin Yew and was assisted by Hoe Sue Lu and Lee Yee Woei.