New Sin Yew

Pekerja pembersihan sekolah menang kes lawan PERKESO di mahkamah

Sosialis | Keputusan ini amat bermakna dan akan membantu pekerja lain untuk mendapatkan faedah skim bencana pekerjaan sekiranya menghadapi situasi yang serupa. Pekerja pembersihan sekolah, Valarmathy, diwakili oleh Vivian Kuan, Beatrice Chin dan New Sin Yew.

Taiping-born esports gamer Aiman wins nod to continue court bid for citizenship

Malay Mail | The AGC’s federal counsel argued that the government’s refusal to register an individual as a citizen, provided for under Article 15A of the Federal Constitution, could not be challenged in court. Muhammad Aiman Hafizi’s lawyer New Sin Yew countered that his client’s court challenge is not just based on Article 15A and the court could decide on such matters after a substantive hearing instead of at this early stage.

What are the rights of documented migrant workers under arrest?

BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, there is no law stating that criticism of the government is an offence. If Mohd Rayhan Kabir is deported although he did not commit any offence, the decision would be considered arbitrary, unlawful, and not up to international human rights standards.

Unpacking the “guilty” verdict on Najib’s SRC trial

BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for appeal.

Lawyers question fuss over speaker’s letter to court

Free Malaysia Today | Lawyer New Sin Yew said it was common practice in criminal trials for the accused to sometimes request for the trial to be adjourned for various reasons, as Najib Razak did. Likewise, Amer Hamzah urged that a distinction be made between unlawful interference and mere communication between the three branches of government.

Malaysian govt responds to Al Jazeera migrant documentary

BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.

Immigration D-G’s threat to revoke foreign nationals’ passes over negative statements ‘extreme’ but legal, say lawyers

Malay Mail | Under the Immigration Act 1959/63, the director general may revoke the passes of foreign nationals. Lawyer New Sin Yew agreed with others that this must be done with reason. There is no law that criminalises speech that damages Malaysia’s image. Criminal sanctions are meant to address more extreme actions such as incitement to violence.

Cops to question NGO over FB post on immigration detention

Malaysiakini | Refuge for the Refugees director Heidy Quah has been summoned to Bukit Aman over a Facebook post exposing allegedly horrific conditions of Immigration detention cells, after being targeted by hateful comments and harassment. Lawyer New Sin Yew said they cooperate and will be going to the police station.

M’sian journo named ‘information hero’ by international watchdog

Malaysiakini | Reporters Without Borders (RSF) named South China Morning Post reporter Tashny Sukumaran among a list of 30 coronavirus “information heroes”. Tashny was questioned by police over her tweets regarding the 1 May immigration raid at Selangor Mansion. Lawyer New Sin Yew called it plain harassment.

Bar Council needs to step up fight against sexual harassment, says activist

Malaysiakini | AWL deputy president Meera Samanther lamented that nothing is being done to address sexual harassment within the legal fraternity. New Sin Yew agreed that policies and complaint mechanisms must be in place. Victims should not be afraid of sharing their stories; perpetrators should be afraid.

Is one-day parliament sitting constitutional?

BFM | Is the separation of powers between the executive, legislature and judiciary being undermined? Is the excuse of COVID-19 valid, when the Parliament is allowed to make laws even under a state of emergency (Article 150, Federal Constitution)? Constitutional lawyer New Sin Yew spoke to BFM on these issues.

Cops question journo over immigration raid tweets, says lawyer

Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.

Federal gov’t cannot compel states to reopen economy in conditional MCO: Lawyers

Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.

The case against party hopping

BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.

Pekerja pembersihan sekolah menang kes lawan PERKESO di mahkamah

Sosialis | Keputusan ini amat bermakna dan akan membantu pekerja lain untuk mendapatkan faedah skim bencana pekerjaan sekiranya menghadapi situasi yang serupa. Pekerja pembersihan sekolah, Valarmathy, diwakili oleh Vivian Kuan, Beatrice Chin dan New Sin Yew.

Taiping-born esports gamer Aiman wins nod to continue court bid for citizenship

Malay Mail | The AGC’s federal counsel argued that the government’s refusal to register an individual as a citizen, provided for under Article 15A of the Federal Constitution, could not be challenged in court. Muhammad Aiman Hafizi’s lawyer New Sin Yew countered that his client’s court challenge is not just based on Article 15A and the court could decide on such matters after a substantive hearing instead of at this early stage.

What are the rights of documented migrant workers under arrest?

BFM | New Sin Yew argued that while certain rights such as the freedom of speech, assembly and association are not available to non-citizens under the Federal Constitution, there is no law stating that criticism of the government is an offence. If Mohd Rayhan Kabir is deported although he did not commit any offence, the decision would be considered arbitrary, unlawful, and not up to international human rights standards.

Unpacking the “guilty” verdict on Najib’s SRC trial

BFM | The High Court found former Prime Minister Najib Razak guilty of all seven charges involving SRC International, for the misuse of office for personal gratification, money laundering and criminal breach of trust. New Sin Yew offered a legal perspective on the verdict and discussed whether Najib is likely to go to jail, what this means for his position as Member of Parliament for Pekan and his options for appeal.

Lawyers question fuss over speaker’s letter to court

Free Malaysia Today | Lawyer New Sin Yew said it was common practice in criminal trials for the accused to sometimes request for the trial to be adjourned for various reasons, as Najib Razak did. Likewise, Amer Hamzah urged that a distinction be made between unlawful interference and mere communication between the three branches of government.

Malaysian govt responds to Al Jazeera migrant documentary

BFM | New Sin Yew noted that although the Immigration Act 1959/63 places power in the hands of the Director General (DG) to cancel permits of persons who threaten “public order, public security, public health or morality”, the power exercised by the DG must be reasonable and proportionate. Basic human rights principles of the freedom of speech and expression should be respected for all regardless of nationality or race.

Cops to question NGO over FB post on immigration detention

Malaysiakini | Refuge for the Refugees director Heidy Quah has been summoned to Bukit Aman over a Facebook post exposing allegedly horrific conditions of Immigration detention cells, after being targeted by hateful comments and harassment. Lawyer New Sin Yew said they cooperate and will be going to the police station.

M’sian journo named ‘information hero’ by international watchdog

Malaysiakini | Reporters Without Borders (RSF) named South China Morning Post reporter Tashny Sukumaran among a list of 30 coronavirus “information heroes”. Tashny was questioned by police over her tweets regarding the 1 May immigration raid at Selangor Mansion. Lawyer New Sin Yew called it plain harassment.

Bar Council needs to step up fight against sexual harassment, says activist

Malaysiakini | AWL deputy president Meera Samanther lamented that nothing is being done to address sexual harassment within the legal fraternity. New Sin Yew agreed that policies and complaint mechanisms must be in place. Victims should not be afraid of sharing their stories; perpetrators should be afraid.

Is one-day parliament sitting constitutional?

BFM | Is the separation of powers between the executive, legislature and judiciary being undermined? Is the excuse of COVID-19 valid, when the Parliament is allowed to make laws even under a state of emergency (Article 150, Federal Constitution)? Constitutional lawyer New Sin Yew spoke to BFM on these issues.

Cops question journo over immigration raid tweets, says lawyer

Malaysiakini | South China Morning Post’s Malaysia correspondent Tashny Sukumaran was questioned by federal police in relation to her tweets about a May 1 immigration raid in Kuala Lumpur. Lawyer New Sin Yew revealed that Tashny was questioned under the Penal Code and the Communications and Multimedia Act 1998, although she was tweeting in the course of duty. He called out the government for its assault on press freedom.

Federal gov’t cannot compel states to reopen economy in conditional MCO: Lawyers

Malaysiakini | The legal fraternity argued that the federal government is not legally empowered to compel states to reopen their economy during the Conditional Movement Control Order (CMCO). Lawyer New Sin Yew said that Act 342 or its regulations do not empower the federal government to order industries in states to reopen. The CMCO regulation was worded in the negative in that it merely prohibits certain activities.

The case against party hopping

BFM | New Sin Yew shared that the Federal Constitution only recognises elected representatives and not political parties, hence, the introduction of an anti-hopping law would require amendments to the Constitution. He also argued that the law might not violate one’s freedom of association as this freedom may be restricted on the grounds of public order and morality. In the past week, party-hopping has led to major disruption of public order, and as party-hopping is a betrayal of the electoral mandate, a moral argument may also be made.