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2006 April-June

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30th June

Nation of Online Gamblers

From The Nation

The World Cup has caused online football gambling among Thais to rise by more than 50%, according to the Thai Webmaster Association (TWA).

During live broadcasting of a match, there are as many as 7,000 Thais clicking to place bets ranging from Bt5,000 to Bt10 million.

TWA vice president Poramet Minsiri told a press conference that more than 2,300 websites worldwide provide online gambling, with at least Bt480 million Thai cash changing hands each year in the USA alone.

Surprisingly, the number of women who gamble via the Internet is increasing by about 32%. And about 100 legal gambling websites in foreign countries are targeted at youths. People of any age can register and have a bet around the clock, he said. [sounds unlikely as customers have to pay via credit cards that makes it difficult for youngsters]

Two years ago, two big gambling companies had attempted to buy advertising space on Thai sites but were denied, Poramet said.

Perhaps a little embarrassingly for the Nation, it seems that promoters of online gambling managed to secure advertising on today's Nation website.

The Google advert accompanying this story is shown right.

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Colonel Suwat Changyodsuk, head of the cyber football gambling suppression team at the Metropolitan Police Bureau, said it was not easy to arrest cyber bookies because when the sites were shut, the webmasters could move to another host again and again.

From June 9-27, police arrested only one sub-agent of a major cyber bookie with circulating bets of Bt100 million. Some 618 bookies and gamblers were arrested in the period, when some Bt197 million changed hands.

Online gambling provides easy betting because gamblers can do it at home. Moreover, they can bet throughout the match, Suwat said.

 

27th June

Developing Situation for Company Land Ownership

From The Pattaya Mail

Property for saleOne of the hot topics discussed at the monthly Pattaya Business and Tourism Association meeting was the recent enforcement of land ownership laws. The changes in company ownership rules, specifically with foreign, nominally minority, shareholders has led to housing project developers allegedly losing billions.

Sanga Kijsamrej, PBTA vice president and head of the property developers club in Pattaya said: Many housing project owners are facing serious financial problems over changes concerning foreigners holding shares in a Thai company and owning property.

Sanga said that as a result of the enforcement of the laws government and land department officials in the area are very reluctant to issue title deeds as a result of the Ministry of Interior’s directive: This has already affected around 70 housing projects in Pattaya who are unable to transfer ownership to companies with 49% foreign and 51% Thai holdings as was done in the past.This is causing losses of billions of baht for project owners. We will see a number of these projects fold in the future.

A letter has been sent to the Ministry of Interior to request an expert on the issue to clarify the law in question, specifically concerning those foreigners with Thai spouses who wish to buy a home, as to the true legal standing on the issue.

A meeting with land department and tax officials, local, provincial and national parliamentary members is scheduled. The aim is to clarify the current MOI laws and directives and have ministerial officials explain the real situation.

 

21st June

Mean Minded Prohibitionists

Limey there are some mean minded people around who think that they can tell adults what they should or should not drink. This would surely have a massive effect on the entertainment industry, whole swathes of it would be decimated.

From The Nation

DrinksPeople less than 25 years old should not be allowed to buy alcohol, a public hearing was told yesterday.

The hearing, the last of a series held nationwide, was organised so the public could have input into the proposed alcohol consumption and control law.

The bill in its current form bans alcohol sales to anyone less than 21 years old, but the hearing recommended raising the legal age to 25.

Participants in the hearing, numbering about 300, argued that people between 21 and 25 years old were still too young to drink, because many were still studying.

The new law, bound to be controversial, recommends a total ban on alcohol advertising in a bid to control the Kingdom's spiralling rate of alcohol consumption.

 

16th June A Cluster of Bombs

Based on an article from the BBC

At least 30 bombs have exploded in the south of Thailand, killing at least two person and injuring many others. They went off almost simultaneously across the three provinces closest to the Malaysian border - an area plagued by a long-running Islamic insurgency.

The homemade bombs exploded early in the morning, just as people were arriving for work. The largest hit a teashop in Pattani province, killing a local official and wounding many of the customers.

Another went off at a government office in Yala province, minutes before the minister in charge of national security, Deputy Prime Minister Chidchai Vanasatidya, was due to visit the area.

Interior Minister Kongsak Wanthana said he had been given information that insurgents were planning a "major operation" on Thursday, but he said that damage from the blasts had been "minimal".

The Thai authorities are battling Muslim terrorists in the south, which is culturally very different from the rest of the country. Officials have tried both crackdowns and promises of aid, but the killing shows no sign of stopping.

More than 1,300 people have died since early 2004 - mostly in isolated attacks on civilians or security personnel.

But occasionally the insurgents launch more co-ordinated offensives - proving to officials in Bangkok that they're part of a well-organised group, capable of inflicting serious harm.

 

12th June Doing the Deed

From Phuket Gazette

Property for saleThe Chief of the Phuket Provincial Land Office (PPLO), Supot Suwannachote, has moved to reassure business people that the closer inspection of companies wanting to register land titles, as ordered by the Ministry of Interior, does not mean that transfers of ownership will be refused.

He stressed that he did not want to see a slowdown in Phuket’s booming property industry. If your company is genuinely 51% Thai-owned, then there is no problem. [...Yeah Yeah!]

Supot denied that all applications by companies with foreign shareholders are being put on hold, or that applications are being sent to Bangkok for examination.

The first thing we do is check with the Provincial Business Development Office (BDO) whether the company has been properly set up, with foreigners owning no more than 49%. Where the company has a Thai MD [Managing Director] or has both Thai and foreign MDs, there is no problem. But when a Thai-registered company has a foreigner as its Managing Director, we check more carefully. For example, we check with the BDO whether the shareholding has changed so that the foreign share exceeds 49%. So far, we have not sent a single case up to Bangkok, he said.

Since the original uproar over the tightening of checks on land transfers, matters have gone rather quiet in the property community, with concern over the brakes being put on business having, apparently, abated. Stuart Reading, Assistant Vice-President of Finance at Laguna Resorts & Hotels (LRH), said that LRH was not particularly concerned as most of its sales were on a leasehold basis, and thus did not require a change in land ownership.

 

9th June Jubilee Day

From the BBC

King on throneThailand is today celebrating the 60th anniversary of King Bhumibol Adulyadej's succession to the throne.

He is the world's longest reigning monarch and is almost universally venerated in Thailand.

This is due in part to his commitment to development in rural areas and his occasional interventions to resolve political crises.

Bangkok, and much of Thailand, is drowning in a sea of yellow - the colour associated with the monarchy. It is being worn by millions of Thais and adorning the many elaborate decorations being erected to mark this anniversary.

To outsiders King Bhumibol seems a remote figure, rarely seen in public these days, and who seems stiff and unsmiling on the occasions when he is. But Thais see this as evidence of his extraordinary detachment from the political and commercial squabbles which have frequently divided their country.

Born in the United States, he came to the throne unexpectedly after the sudden - and still unexplained - death of his older brother, at a time when the monarchy looked in danger of dying out.

He has reigned - holding few defined powers of his own - through 17 military coups, 20 different prime ministers, and 15 constitutions.

His relentless travel throughout Thailand earlier in his reign and his strong personal interest in rural development increased his public profile and won him lasting admiration.

But it has been his timely interventions at moments of crisis that have earned him the gratitude of so many Thais - most recently when he ended the stand-off over a disputed general election in April.

At 78 years old, he is beginning to show signs of frailty and there are real concerns over how Thailand will adjust to the time when he is no longer there.

 

8th June New Airport Opening Date

From Thai Visa

Bangkok's new airportBangkok's new Suvarnabhumi Airport is now set to open for commercial purposes on September 28, the Transport Ministry announced here on Wednesday.

The opening date of the Suvarnabhumi International Airport was set recently by the government commmittee on management and development of the new airport, Deputies Transport Minister Gen.Chainant Charoensiri and Phumtham Wechayachai told a press conference after a meeting here Wednesday with the board of directors of Thai Airways.

Gen. Chainant of Airports of Thailand said: Construction and decoration works at the Suvarnabhumi Airport have been nearly complete at the moment. Only some minor works are to be settled over the next four months; so, I can say we're now ready for the opening of the new airport.

 

7th June Diamond Jubilee

Limey , the aggravation that would be caused in Farangland if a public holiday were to be announced 3 days before it happens.

From Thai Visa

The Cabinet announced on Tuesday June 3rd that Friday June 9 will be another public holiday to mark the 60th anniversary celebration of His Majesty the King's reign.

The Cabinet earlier announced June 12 and 13 as special holidays to mark the celebration.

From Thai Visa: Programme of events between June 8 and 13

According to the program, His Majesty will perform a religious ceremony at the Amarin Winitchai Throne Hall within the Grand Palace at 5:00 p.m. on Thursday, June 8.

At 10:00 a.m. on Friday, June 9, His Majesty will perform a ceremony to pay homage to past kings at the Thai pavilion, at the Ananta Samakhom Throne Hall. Later, Their Majesties the King and Queen will attend a tribute-paying ceremony. At 9:00 a.m. - 5:00 p.m., officials and the general public will be allowed to sign well-wisher’s books and pay homage to past kings at Prasat Phra Thep Bidon, the Royal Pantheon, within the Grand Palace.

At 5:00 p.m. on Saturday, June 10, at the Amarin Winitchai Throne Hall, a ceremony of bestowing titles upon 69 monks will take place. Ninety-nine monks will chant blessings, followed by a candle-lit procession in the celebration of His Majesty’s 60th year on the throne.

At 4:00 p.m. on Monday, June 12, foreign monarchs and their representatives from 25 countries will join a ceremony to express their best wishes to His Majesty at the Ananta Samakhom Throne Hall. At 5.30 p.m. on the same day, Their Majesties the King and Queen and the royal guests will attend the Royal Barge Procession, viewing it from the Royal Navy Institute.

Later, His Majesty will preside over the opening of the exhibition “The King and the Development of Thailand” at the Royal Thai Navy Convention Hall. The royal guests will also be invited to attend the exhibition.

At 7:30 p.m., on Tuesday, June 13, His Majesty will host a banquet for the foreign monarchs and their representatives at the Borommaratchasathit Maholan Throne Hall, the extended part of Chakri Maha Prasat Throne Hall.

 

2nd June Shoddy Copy of a Crackdown

Unfortunately for the Government's plea, copy DVDs are superior to the local product. They are not regionally encoded and they are not massively censored.

From Thai Visa

Pantip Plaza, computer mallThailand's Ministry of Commerce has intensively stepped up its campaign against pirated products starting from June 1 to show that the country is cooperating with the international community to stop using counterfeit goods, Deputy Commerce Minister Preecha Laohapongchana said.

Preecha, together with singers and song intellectual property rights owners, launched the anti-piracy campaign at Pantip Plaza, a leading IT products shopping complex here, to raise public awareness regarding the responsibility of consumers and businesses alike to refrain from buying, selling and using pirated products.

He said the campaign is aimed at emphasizing the importance of using genuine products. During the past years, Preecha said, Thailand was successful in cracking down on pirated goods, but consumers play the most important part in the campaign. The public should decide to do the right thing by purchasing only authentic products, he said.

The deputy commerce minister said that the owner of Pantip Plaza was cooperating with the authorities very well by ordering the closure of shops found to have sold illegal products. He warned that if any businesses are found selling illegal or pirated products, they will be prosecuted.

The minister revealed that more than 280 people were arrested during the first four months of this year for intellectual property violations and more than 62,000 pirated goods were seized.

 

1st June Sleeping Partners to be Investigated

From Phuket Gazette

Property for saleThe Ministry of Interior has ordered a crackdown on property companies attempting to circumvent Section 74 of the Land Act in order to allow foreigners to control land ownership.

Section 74 states (unofficial translation): In the process of registering [land] possession rights and contracts between parties … officers have the power to investigate both parties and call them for questioning or have them send relevant documentary evidence as is necessary. Officers will proceed as is appropriate to the case.

In cases where there is reason to believe that the request to register possession rights will evade the law or where there is reason to believe that land is being bought for the benefit of foreigners a request for an order from the Minister will be made. The Minister’s order will be final.


The crackdown will target Thai partners in Thai-foreign ventures, examining their income, their professional qualifications or experience, and their credit history.

In an order dated May 15 and issued to all provincial governors, the Deputy Permanent Director of the Ministry, Sura-art Thongniramol, notes, The Ministry of Interior has received reports that there are foreigners working with Thais or [engaging] Thais to register a company with the aim of buying and selling immovable property as a business venture.

At the initial stage a house and land are purchased for residence or [for use as] an office and later [the aims are changed] to selling and subdividing for sale to foreigners … which is illegal
.

The order continues, If it appears that an alien holds shares or is a director, or if it is reasonable to believe that a Thai holds shares as a representative of an alien, the officers shall investigate the income of Thais holding shares, delving into the number of years [they have been] in [their] current profession, and their income. The provision of necessary evidence is required. If a loan was taken [by the Thai] for the purchase [of shares] evidence of the loan is required.

The order does not specify which officials will be responsible for investigating suspect companies, nor does it set out, except in the vaguest of terms, what will happen after the “investigation”.

All it says is, If after due investigation it can conceivably be believed that the request for registration … is to bypass the law or [it can be believed] that [those involved are buying] land for the benefit of an alien as defined in Section 74 … the officers who undertook the investigation shall forward the findings to the Land Department to await the order of the Minister.

No deadlines are set for how long an investigation will take, or how fast the Minister will be required to deliver a judgment.

 

31st May Discouraging Property Purchase Via a Company

Perhaps a news item not to be taken at face value as enforcement in Thailand can always be regional or even just be a short lived fad. Anyone effected should follow more detailed debate on forums such as Thai Visa

From the Bangkok Post

Property for saleThailand's booming property sector has been thrown into confusion by a new regulation issued this month that requires all partly foreign-owned companies to prove the source of their funding before purchasing land, industry sources said Tuesday.

The new Interior Ministry regulation that went into effect on May 25 has already started to slow sales of housing estates in Thailand's popular seaside resorts, such as Pattaya, Phuket, Hua Hin and Samui Island, which have been specifically targeting well-to-do foreigners as vacation getaways or retirement homes.

The property boom ended on May 25, said Ronachai Krisadaolarn, managing director of Bangkok International Associates, a Bangkok-based legal consultancy firm that caters to foreign clients.

Thailand has strict laws prohibiting foreigners from directly purchasing property themselves although loopholes in the law allow them to own land and their houses through long leases or a "nominee company," providing the company is majority Thai-owned.

It is common practice for such "shell companies" to include Thai nationals who have been paid to act as nominees to facilitate the deal and who have invested nothing in the purchase.

The new regulation, signed by Suraart Thoingniramol, deputy permanent secretary of the Interior Ministry, is designed to halt the use of such companies for property purchases in the future.

If it appears that an alien holds shares or is a director or it is reasonable to believe that a Thai holds shares as a representative of an alien, the officers shall investigate the income of Thais holding shares, delving into the number of years [they have spent] in the current profession and monthly salary, reads a translation of the law. The provision of necessary evidence is required.

The new regulation is actually an enforcement of Thailand's existing laws, legal experts said. It's not a radical change. It's a radical implementation, Ronachai said.

The regulation has already started to stall home sales to foreigners, sources said.

There's a lot of confusion, said Simon Landy, managing director of the Primo Co, a property-development firm. Some land offices don't know what to do with it, and many have simply stopped transferring land.

 

30th May Drunk in Charge of a Prohibition

This idea sounds bad enough but if the authorities go down the line of the ban on cigarette smoking where even displaying a cigarette packet in a shop is considered promotion. Can you imagine a bar where all logos etc have to be removed from beer pumps and bottles of liquor have to be kept out of view in cupboards.

Based on an article from The Nation

DrinksA new bill to ban alcohol advertising completely and all forms of sales-promotion activities, including attractive uniformed waitresses, will go to a nationwide public hearing next month.

A final draft has been drawn up of the Alcohol Consumption Control Bill, which will cover all aspects of the national control of alcohol consumption, said Dr Narong Sahamethapat, deputy director-general of the Disease Control Department. The Bill took the Public Health Ministry a year to draft, he said.

Narong said the next step was to conduct a series of public hearings next month in eight provinces, representing all regions of the country.

Public comments, including from alcohol companies and advertising agencies, will be presented to the national committee on alcohol consumption control before the bill is forwarded to the Cabinet.

Public Health Minister Pinij Jarusombat chairs the committee. Passing the law could take a long time, he said, given that the country had no functioning government.

Apart from imposing a total ban on alcohol advertising and sales promotion, the draft bill also covers zoning areas where alcohol may be sold and days when sales are banned entirely.

The bill is aimed at getting the nation to drink less.

 

28th May More Digits

From the National Telecommunications Commission

NTC buildingThe first stage of a plan to enable more phone numbers is that mobiles will be given an 08 prefix.

The National Telecommunications Commission (NTC) is to introduce a new telephone numbering system on September 1, which will see all mobile-phone numbers extended to 10 digits by adding the prefix 08.

For example the number (01) 123 4567, will become (081) 123 4567. Fixed-line numbers will remain the same.

The plan aims to increase the number of phone numbers by 300 million, enough for the next 30 years.

Direk Charoenphol, chairman of the NTC committee assigned to draft the numbering plan, said the NTC would test the system once in July and again in August.

He said the NTC had already informed telecom operators of the September 1 schedule.

 

25th May Devastating Floods

From the Bangkok Post

Devastating floods in the North have wreaked havoc over a wider area yesterday, cracking a reservoir in the northern province of Phrae and destroying an earth dam in the northwestern province of Tak, while the death toll has now climbed to 51.

Villagers from more than 900 households in tambon Pong Daeng in Tak's Muang district had to be evacuated when about one million cubic metres of water rushed out of the earth dam to inundate thousands of rai of rice paddies. Many cattle were lost in the deluge.

In tambon Huay Rai in Phrae's Den Chai district, relief workers planned to evacuate villagers as cracks opened in the 300,000-cubic-metre Mae Raem reservoir.

Nearly 1,000 soldiers have arrived with heavy machinery, including trucks, boats and helicopters. Rescue missions started yesterday morning, particularly in Laplae and Tha Pla districts of Uttaradit province which have suffered extensive damage caused by mudslides.

Roads were impassable and bulldozers were brought in to improve access and create helicopter landing pads. Rescue teams later managed to reach houses buried deep in mud.

Somsak Photisat, head of the Mineral Resources Department, said as much as 330mm of rain had fallen in a day, the largest amount in 38 years

 

24th May Road to Repression Blocked

From the Bangkok Post

Constitutional CourtThe Constitution Court ruled yesterday that an amendment to the highway law banning demonstrations or assembly on the country's highways was unconstitutional. With an 8-to-6 vote, the court rejected the amendment, which would have prohibited assembly on highways without prior and written approval from highway authorities, on the grounds it would have violated articles 29 and 44 of the charter guaranteeing the freedom of peaceful and unarmed assembly.

Exempted from the law were traditional and cultural processions or gatherings with approval from the highway authorities.

Violators would have been liable to a maximum three months in jail and/or a fine of up to 5,000 baht.

The Thaksin Shinawatra government proposed an amendment to the legislation in 2003 in an attempt to rein in rallies that blocked traffic on highways. The Thai Rak Thai party-dominated House of Representatives passed it by a vote of 295 in the 500-member chamber.

The Senate later rejected it deeming it to be a violation of human rights. The upper chamber argued that the term ''highway'' was defined too broadly to cover sidewalks and bridges.

However, the House insisted on retaining the bill and, in May last year, voted to pass it into law.

That prompted 95 opposition MPs and 79 senators to file a petition with the Constitution Court to rule it as a violation of human rights.

 

21st May\ Beware: Geman Police will be Checking World Cup Sex Workers

Also girls should be aware that Germany has taken a lot of stick about legal prostitution, particularly from the nutters of America and Sweden. German police will surely be keen to check on the papers of sex workers to try and minimise the discovery of much exaggerated trafficking problems.

From The Nation

England supporter durex packSex workers were warned yesterday to be careful if they planned to look for clients in Germany during next month's World Cup.

Although prostitution is legal in Germany, only Germans are allowed to work in the industry, said Porntip Pakwai of the Empower Foundation, a local non-profit organisation helping to protect sex workers' rights.

Porntip said many sex workers in Chiang Mai had expressed a keen interest in visiting Germany, which hosts the World Cup between June 9 and July 9.

The women believe they stand a better chance of landing a tourist visa to Germany during this season.

Many sex workers prefer to go overseas so they can hide the fact from other Thais that they are involved in the industry. They are also attracted by the prospect of earning double what they can get here.

Thai sex workers in a foreign country, though, face risks, especially if they aren't fluent in the language, Porntip said. Mafia-style figures usually dominate the sex-service industry overseas and often impose unfair working conditions: For example, your salary will be the same, but you may be forced to serve many more customers than you agreed to. If you refuse, they may seize your passport or force you to repay them a lot of money claiming that you breached the work terms..

Workers in the sex industry and other fields should keep handy phone numbers of organisations such as the Thai Embassy that they can call for help if necessary. Also, keep copies of your identity documents, she said.

Before leaving for a foreign country, sex workers should read up on it, she added.

 

16th May Five Months without Crazy New Laws

From the BBC

Thai Election CommissionThailand's Election Commission has proposed to delay the re-run of last month's general election until October 22nd.

The government still has to officially agree to this date, although its representative at the meeting raised no objection.

The BBC correspondent in Bangkok says the new date is likely to be acceptable to the opposition Democrats, who now have enough time to persuade factions within the governing party to change sides.

Despite strong pressure on the four election commissioners to resign over the alleged mishandling of last month's ballot, they insisted on fulfilling their role under the constitution by picking the date of the new election.

The main opposition parties refused to attend Monday morning's meeting with the commission, which they accuse of consistently favouring Prime Minister Thaksin Shinawatra.

But, according to our correspondent, they will probably be happy with the date it is now proposing. A 22 October election gives them plenty of time to devise a strategy for matching the formidable election machine of Thaksin's Thai Rak Thai party.

Perhaps more importantly, it also gives them the opportunity to persuade some of the factions inside Thai Rak Thai to defect, for which they have to give 90 days notice.

If the Thai Cabinet approves this date, it would leave Thailand without a parliament for another five months. But this political crisis has passed off remarkably peacefully so far.

Although no one is quite sure who is running the country right now, it seems Thailand can afford a long wait to make sure the next election does produce a government which is acceptable to all.

 

9th May Democrat Party under Attack

From The Nation

Democrat PartyUnknown gunmen opened fire on the headquarters of main opposition Democrat party late Tuesday, a month after a failed bomb attack, police and a party spokesman said Wednesday.

The bullets broke a few windows on the ground floor, but did not cause any injuries, they said.

A security guard notified police shortly before midnight last night that several gunshots were fired and damaged the windows of Democrat party headquarters. Forensics teams are collecting evidence to try to determine where the shots were fired from.

 

9th May Voting for More Elections

From The Times

Constitutional CourtThe political crisis in Thailand moved a step closer to resolution yesterday when a court in Bangkok declared that the controversial general election held last month was unconstitutional and must be repeated in the next two months.
The Constitutional Court nullified the April 2 election because it was called too suddenly and the confidentiality of voters was compromised by the positioning of the booths within polling stations.

A date has not been set, but the Democrats, the leading opposition party, announced that they would abandon their election boycott, which was the principal reason for the political deadlock that has paralysed the country for more than a month.

The judges voted by eight to six to invalidate the election and by nine to five to hold a new one within sixty days.

After the election Thaksin yielded to pressure from the Opposition by handing over his prime ministerial responsibilities to a deputy, and promising not to stand for re-election as Prime Minister. However, Thaksin remains extremely popular among the rural poor, and Thai Rak Thai officials have hinted that he may attempt to make a comeback.

 

8th May More Elections

And two more days of closed bars...

From the Bangkok Post

Constitutional CourtConstitution Court judges voted 8-6 on Monday to annul the April 2, 2006 general election called by caretaker Prime Minister Thaksin Shinawatra.

On April 25, 2006, His Majesty the King asked the country’s top courts to help solve the crisis.

On Monday, the Constitutional Court judges also voted 9-5 for a new general election to take place.

 

6th May If at First You Don't Succeed

From The Nation

Constitutional CourtThe April 2 election results will likely be declared invalid by a narrow majority of Constitution Court judges on Monday, a source close to the deliberations said yesterday.


The insider said that of the 14 presiding judges, eight or nine would likely vote to nullify the election while five or six were determined to cast dissenting votes.

The source said fiery debates had centred on four key legal issues: the scheduling of the election, whether the configuration of balloting booths violated voter privacy, the alleged bankrolling of small parties by the government and the lack of a formal review of ballot results.

The judges spent most of their time examining evidence related to the ballot booths, the source said. Those who approved of the configuration of the booths argued that as the voters had their backs to bystanders no one could have seen how they were voting.

They also argued that all local elections had proceeded without protest or complaints of ballot confidentiality violations and even other countries, including Australia and Japan, have used a similar configuration for their ballot booths.

But the majority of the judges believed voters could not have cast their ballots with confidence that no one could see how they voted. And that constitutes a breach of the law, specifically Article 104 of the charter.

The source said the election would be nullified by the verdict and other ongoing law suits related to the election outcome, which are threatening to bog down the administrative courts, will be automatically rendered void, because the Constitution Court takes precedence over all others.

The source said he was confident the ruling would end the political crisis.

 

27th April It's in the King's Courts Now

From The Nation

Constitutional CourtThe presidents of the Supreme Court, Administrative Court and Constitutional Court will hold an unprecedented meeting on Friday to determine all legal and constitutional aspects of the electoral process. This will, most probably, lead to nullification of the April 2 snap election.

The historic meeting of top judges from the highest courts of the land follows a rare speech by His Majesty the King to Administrative Court and Supreme Court judges on Tuesday. The King told the judges to work together to find a way out to end the current political quagmire as the current ballots would not produce a legitimate Parliament.

His Majesty said an election dominated by one party was not democratic. He also questioned the legitimacy of the new Parliament, which may not have all the 500 MPs required for a quorum.

 

26th April Wise King

From The Nation

Constitutional CourtIn his strongest political message, His Majesty the King yesterday told the Administrative Court and the Supreme Court to explore all legal solutions to get the country out of the current "political mess", saying that an election that produced a one-party Parlia-ment is undemocratic.

The King criticised the Constitution Court for failing to accept complaints about the polls, and ruled out the possibility of a royally appointed prime minister.

You have the right to say what's appropriate or not, His Majesty told the Administrative Court judges during a Royal audience at Klai Kangwol Palace in Prachuap Khiri Khan. [I] did not say the government is not good. But as far as I'm concerned, a one-party election is not normal. The one-candidate [situation] is undemocratic. This is about administration. Do your best. You, not the government, have to resign if you cannot do the best of your duty

The King urged the Adminis-trative Court judges to work with the Supreme Court and the Constitution Court to find solutions to resolve the impending political impasse.

His remarks came as the deadline for the new, controversially elected House of Representatives to convene its first session draws extremely near. It remains to be seen if the government, which is said to be planning to submit a royal decree to convene the House, will proceed with the plan.

His Majesty rejected calls to intervene by exercising Article 7 of the Constitution to name a royally appointed prime minister as demanded in the past few months by the People's Alliance for Democracy, opposition parties and some academics: Article 7 does not empower the King to make a unilateral decision. It talks about constitutional monarchy but does not give the King power to do anything he wants. If the King made a decision, he would overstep his duty and it would be undemocratic.

 

25th April 3rd Time Lucky

From the BBC

Constitutional CourtThailand is to hold a third round of elections on Saturday to try to resolve the country's political crisis. The move, announced by the Election Commission, comes after by-elections on Sunday that left at least 13 parliamentary seats unfilled.

Under the constitution, all seats must be filled by the end of this month.

Because of the opposition boycott, many Thai Rak Thai candidates ran unopposed in the 2 April poll - which meant that, under Thai law, they had to win 20% of the vote to take the seat. Some of these single candidates did not achieve anything close to that, especially in Bangkok and the mainly Muslim south, where opposition to Thaksin is high.

In the weekend's by-election, the situation was repeated in at least 13 of the 40 unfilled constituencies, according to unofficial figures.

The Election Commission now plans to hold a new round of by-elections in these places. The commission earlier admitted that it was unsure of its next move. In all its 336 clauses, the Thai constitution offers no answer to the country's current dilemma.

The nine-year-old charter specifies that parliament must meet within 30 days of a general election to form a new government, and that every one of the 500 seats has to be filled.

According to the BBC's South-East Asia correspondent, Jonathan Head, there now seems little likelihood of that happening by the deadline - at the end of this month.

The continuing opposition boycott means many candidates will again run unopposed on Saturday and again fail to get the required 20% of the vote.

Election officials are considering asking parliament to convene regardless of whether all the seats are filled. But this strategy is sure to provoke further anti-government demonstrations in Bangkok, because the opposition boycott means Thai Rak Thai would then completely dominate the next parliament.

 

24th April

 

Constitutional Crisis

From The Nation

Constitutional CourtVoters foil Thai Rak Thai again.

At least 10 House seats were expected to remain unoccupied as Thai Rak Thai candidates running unopposed in southern constituencies failed to win the minimum 20% of votes required in yesterday's second round of voting.

However, the Election Commission is unlikely to hold a third round of voting to fill the 500 seats in the Lower House, the agency's secretary-general, Ekkachai Warunprapha, said yesterday.

He said if there were a few constituencies where candidates running uncontested failed to win the minimum 20% of support from all eligible voters then the EC might go ahead with endorsing the available election winners and consider its job done.

He said the agency would let the political parties involved consult the Constitution Court about convening the House of Representatives without all the seats filled.

Ekkachai said the EC expected no MPs to be elected in 10 constituencies of seven southern provinces - Nakhon Si Thammarat, Surat Thani, Songkhla, Trang, Chumphon, Pattani and Phang Nga. Thai Rak Thai candidates ran unopposed in those constituencies and were unlikely to win the minimum 20%t of constituent votes.

Caretaker Prime Minister Thaksin Shinawatra yesterday said it would depend on the "rule keepers" whether the House of Representatives would convene, even though not all the seats were filled. He was apparently referring to the election agency.

In theory, the Lower House cannot convene to name a new prime minister until all 500 seats are filled. Legal experts have said the election authorities could seek permission from the Constitution Court to have the House opened with some of the seats left empty.

Election officials at five polling stations in Nakhon Si Thammarat did not show up to work yesterday as local authorities had insufficient money to pay them, a senior local election official said. Thongchai Wannathanapisit, the province's election director, said new voting would be held for those polling stations later this week.

By-elections in four districts of Songkhla failed to take place because polling officials refused to work citing safety concerns, EC official Ruengrog Jomsueb said. We are considering having the by-elections on Monday or Tuesday in these four districts, he said.

 

17th April

 

Songkran Takes its Toll

From The Nation, photo by explorer on Pattaya Secrets

Songkran death toll tops at 476

The death toll from road accidents during the ten-day watch out period related to Songkran holidays topped at 476, caretaker Interior Minister Kongsak Wantana said Monday.

On Sunday, the last day of the ten-day watch out period, 386 road accidents occurred and 35 people killed, raising the death toll to 476, he said.

Kongsak said 5,327 road accidents happened during the ten-day period and 5,985 people were injured.

Songkran revellers soak motorcyclist

I wonder why there are so many motorcycle accidents at Songkran?

 

16th Apri

 

Songkran to be Watered Down

No doubt the police will need to use their water cannons to enforce the zoning restrictions

From The Nation

SongkranUnruly frolickers blamed for mayhem and carnage on the roads, blinding motorists with thoughtless water attacks

To prevent road accidents during the Songkran holidays next year, water-splashing will be allowed only on designated roads, the Interior Minister said yesterday.

Though many road accidents this year took place on secondary roads, many people were splashing water on main roads, making them prone to accidents, said Chidchai Vanasathidya, who has assumed the duties of caretaker Prime Minister Thaksin Shinawatra.

A meeting of the Cultural Ministry, Disaster Prevention and Mitigation Department and local administrative organisations will be held after the holidays to designate roads for water-splashing throughout the country, Chidchai said. Alcohol and weapons will be banned on all roads designated for Songkran festivities, he said.

 

14th April Expensive Thailand

From The Nation

The Thai baht has appreciated to 38.03 to the US dollar, the strongest in seven years.

A money dealer at Bank of Ayudhya Plc said the baht had strengthened in the same direction with other currencies in the region since there was a shift of investment into the stock markets and an expectation that interest rates of the countries in the region would increase further.

The dealer projected the baht would continue to appreciate to 38 to the dollar in the near future and perhaps to 37 to the dollar by next year.

The Finance Ministry’s Spokesman Somchai Sajjapong said the continued strengthening of the baht to 38 to the dollar stemmed from an inflow of foreign funds to acquire a steel company listed on the Stock Exchange of Thailand.

However, he believed the appreciation of the local currency would proceed in the short run. The Bank of Thailand is closely monitoring the baht movement.

Should the baht strengthen for long due to an improvement in the economic fundamental, he said, the ministry would consider how the appreciation would have an impact on the country’s exports.

Still, he thought the exports had not yet been adversely affected at current because purchase orders are normally placed around 2-3 months in advance.

 

11th April No Secret of Ballot Cock Up

From The Nation

Constitution experts say only way to sort out the post election impasse is to nullify April 2 result and call fresh general election in 120 days

Thai democracy is facing a logjam, and the way out may require an almost impossible decision from the Election Commission (EC) - or another very controversial ruling from the Constitution Court.

Questions have been raised over the EC's legal authority to hold the April 23 by-elections since the April 2 election had created many "illegitimate" winning MPs. The EC might also have violated the Constitution by inviting candidates from other parties to stand in the by-elections in 39 constituencies, where the April 2 candidates had failed to win 20 per cent of the registered votes.

The Democrats have submitted a complaint to the Administrative Court asking it to issue an injunction on the April 23 by-elections on the grounds that the EC does not have the legal authority to accept new candidates.

The Democrats have argued that the EC should have held the by-elections with the existing candidates until results are achieved.

A former constitutional drafter said the political impasse has reached a critical point and at least two drastic steps must be seriously considered to resolve the deadlock. Asking not to be identified, he said the first step is for the EC to swallow its pride and nullify the April 2 general election because the unfinished polls have already faced too many legal and legitimacy issues, which are beyond rescue efforts.

Second, the authorities concerned should hold a new election in 120 days to allow all three former opposition parties - as well as Thai Rak Thai and other new parties to stand: The 120-day postponement would remove the locks on Thai Rak Thai MP candidates joining another party to stand for the new round of elections.

Given the problems, the source suggested it would be better for General Vasana Puemlarp, chairman of the EC, to consider seeking an audience with HM the King to resolve the impasse by nullifying the April 2 election and consequent polls. That move and holding a new election in 120 days could be sought by the EC chairman under Article 7 of the Constitution.

Perhaps the election can be nullified simply on the grounds that it was not a secret ballot.

The Election Commission (EC) will change its controversial configuration of voting booths introduced for the April 2 election. Election Commissioner Prinya Nakchudtree said the new-style booths might have allowed onlookers to see how people voted.

The commission yesterday said it would revert to the old-style booths, which hide the voter from election staff, for the Senate election on April 19 and advance voting for the Senate on Thursday and Friday.

 

9th April Long Stay Tourists

A multi entry 1 year visa is already available for retirement, business or for spouses of Thai nationals but this seems to now be extended to all. Previously there was a similar concession as one of the benefits of buying a very very expensive Elite Card. So the price of the latest scheme will be of great interest.

From The Pattaya Mail, also see www.thailongstay.co.th

Representatives of Thai Longstay Management Co Ltd have met with Pattaya Immigration, to consult him on government policy regarding long stay tourists and their needs, along with the requirements of the Immigration Department regulations.

At the meeting, which took place at Pattaya Immigration Bureau, Sirikamol Laksanakoses, assistant marketing director at Thai Longstay Management said that the company serves long stay tourists who wish to remain in the country on a long-term basis by obtaining visas prior to entering the country.

This is a one-stop service providing the relevant entry stamps, bank savings accounts, health insurance, airport transfer, mobile phone and other services. The company offers packages for tourists to choose from, namely the Blue Diamond TLM Privilege, Diamond TLM Privilege, Platinum TLM Privilege, Gold TLM Privilege and Silver TLM Privilege, focusing on convenience, safety and tourism activities.

Pol Col Ittipol said that Pattaya Immigration had been supporting the long stay project since its inception. The project focuses on tourists from 22 target countries and Immigration will cooperate with Thai Longstay Management Co concerning facilitation of immigration documentation procedures. Under government policy the services will be provided at major cities including Pattaya, Phuket, Chiang Mai and Koh Samui.

Pattaya Immigration will facilitate tourists by setting up a booth for them to contact Thai Longstay Management Co at the Pattaya Immigration office. The Immigration Department also accepts application forms over the internet.

 

7th April Watanutter vs Student Sex

Based on an article from The Nation

Watanutter says sexes must be kept apart in Dormitories. Private apartments to be targeted next

In a bid to tackle premarital sex, the Social Development and Human Security Ministry will enforce more stringent rules on dormitories, Minister Watana Muangsook said recently.

The ministry will ensure that all dorms are registered and genders are kept apart, he said. Dormitories were given four months to register and owners face arrest if their business breaks the rules that came into effect this week. Any dorm that is unregistered, allows different sexes to stay together, or turns a blind eye to illegal drug use and illegal gatherings will be penalised, Wattana said.

The public is being urged to tip-off authorities on the Prachabodi Centre's snitchline.

Apartments not classified as dorms, which are often favoured by university students who want to live with partners, will have to require students of the opposite sex who live together to present a letter of permission from their parents, he added.

He instructed the police to check dorms or apartments to ensure the conditions are adequate and members of the opposite sex are not living together. Owners of dorms that violate the rules can be arrested under the Building Control Act.

Permanent Secretary Wallop Ploythubtim said all provincial offices of the ministry had been instructed to investigate registered dormitories, defined as residential premises housing more than five students.

 

6th April

 

Spaghetti Straps are Back In

From The Nation

SongkranHigh-pressure water guns are banned, as is rubbing powder on others. Paint and ice are out and young women are being urged not to wear skimpy tops.

Welcome to Songkran 2006 as dictated by the Bangkok Metropolitan Administration.

BMA spokesman Puttipong Punnakan yesterday told a press conference to launch the official Songkran festivities at a public park under the Rama VIII Bridge in Bang Phat district that this year, Songkran would be celebrated traditionally and action would be taken against the sometimes over-the-top use of water.

The celebrations kick off on Saturday under the Rama VIII Bridge and continue from April 12 to 15 at Sanam Luang.

Sanam Luang will be heavily patrolled, with officials at checkpoints confiscating banned guns, paint and powder.

Extra security will also be rolled out along Khao San Road and in Santi Chaiprakarm Park.

 

5th April People Power

From The Times

Last night, Thaksin Shinawatra, the Thai Prime Minister, finally agreed to resign after a word in his ear from the country’s 78-year-old King Bhumibol Adulyadej.

The country’s two-month-long political crisis appeared to have been defused after a tearful Thaksin agreed not to stand for re-election as Prime Minister when the new parliament reconvenes.

Appealing for unity among Thais, he apologised to his supporters but said that he was stepping aside in order to avoid embarrassment to the King. My reason for not accepting the post of prime minister is because this year is an auspicious year for the King, whose 60th anniversary on the throne is just 60 days away.

The exact role of the King in his decision to resign is not clear. But haksin entered the palace yesterday afternoon for a meeting described as “routine” which went on for close to four hours. Within two hours of emerging he had announced his decision to quit.

It is not clear who will succeed him. In any case, there are several weeks of by-elections to go through before Thailand has a parliament capable of choosing a new leader. Until then Thaksin will remain caretaker Prime Minister.

But despite talk among his supporters of a possible future return to office, this is the end of the road for Thaksin. At best, he can look forward to a career as a backroom politician; more likely, he will face investigation and potential prosecution for a range of charges from corruption and fraud to human rights abuses.

For us, the struggle was not just to have Thaksin removed, said Korn Chatikavanij, deputy leader of the Democrat Party, which boycotted Sunday’s general election along with the rest of the Thai Opposition. On the one hand, we’re seeking political reform, and prompt investigation of corruption and other charges.

Whatever else they say about him, even his enemies would concede that Thaksin has been unique among Thai leaders. After his election in 2001, he became the first Prime Minister ever to serve a full four-year term. He was re-elected last year with an unprecedented 377 out of 500 seats.

His genius was to appeal to a neglected but electorally powerful segment of Thai society — the rural poor. His cheap loans for farmers, affordable healthcare and merciless campaign against drug dealers won him the love of Thais who had never before felt themselves to have an advocate in the capital.

As a billionaire telecoms mogul, Thaksin prided himself on taking a businessman’s approach to solving national challenges. But, according to his critics, he treated the country as a family corporation in other ways — placing friends and supporters in key jobs, and making political decisions to the benefit of his own massive conglomerate, Shin Corporation.

The tipping point came in January when Shin Corp was sold to the investment arm of the Singapore Government for 77.3 billion baht (£1.1 billion). To add to the rage at the sale of a strategic asset to a foreign government Thaksin also managed to avoid paying a single baht of capital gains tax.

Thirty-nine constituencies remain without an MP because candidates were disqualified or because unopposed Thai Rak Thai candidates failed to achieve a minimum threshold of votes. This electoral tangle must be resolved before a new prime minister can be elected.

Last night, the People’s Alliance for Democracy (PAD), which has led the campaign for him to resign, welcomed the decision, but said that if he had not left office by the end of the month, the demonstrations would resume.

 

4th April Thaksin Resigns

From the Bangkok Post

Bowing to weeks of mass protests against his rule and the disappointing results for his party at Sunday's snap election, Thailand's embattled caretaker prime minister Thaksin Shinawatra announced his resignation on Tuesday.

I ask not to take on the premiership after a new parliament opens in 30 days, said Thaksin in a televised speech.

His resignation came shortly after an audience with His Majesty the King at Hua Hin.

Thaksin will remain as caretaker premier until parliament meets and approves a new cabinet. Thaksin will not be prime minister in that government.

He said he would remain as head of the Thai Rak Thai party he founded and led to an unprecedented election victories.

He said his decision is aimed at restoring unity in the country and that the country is celebrating HM the King's 60th anniversary on the throne.

He apologised to the 16 million people who voted for him and his Thai Rak Thai Party in last Sunday's election.

My main reason for not accepting the post of prime minister is because this year is an auspicious year for the king, whose 60th anniversary on the throne is just 60 days away, Thaksin said in a nationally televised press conference: I want all Thais to reunite.

 

4th April Squaring Up for Another Bout

From The Times

He has been lampooned as a dictator, barred from his own office by angry crowds, and came close to losing a general election in which his was the only significant party.
 
But last night Thaksin Shinawatra, the Thai Prime Minister, rejected demands for his resignation despite a massive show of abstention votes. My back is so far up against the wall that I can’t go back any further, he said in a television interview. If you want me to step back, you need to make a hole in the wall.

Apart from a few tiny fringe parties, Thaksin’s opponents boycotted Sunday’s election in protest at what they regard as his efforts to corrupt and undermine democratic institutions.

Instead, Thais turned out in unexpectedly large numbers to tick a box on the ballot paper marked “no vote” to express their disgust with the Prime Minister and his Thai Rak Thai (Thais Love Thais) party.

He had promised to resign if he won less than half of the popular vote, which he will probably achieve. But in many parts of the country, particularly Bangkok and the south, he fell disastrously short. Thirty-eight constituencies returned no MP because the unopposed Thai Rak Thai candidate won fewer than a fifth of the votes.

The Thai Constitution requires a full quorum of MPs to elect a prime minister. Without this, the country faces weeks of by-elections. Yesterday, there were reports that he was contemplating handing the job to a deputy. In his TV broadcast, he did not rule out the possibility.

He proposed an idea that is unlikely to attract much support — an independent committee to adjudicate his fitness to remain as Prime Minister. I will tell the 16 million voters (who supported me) that this committee wanted me to quit and I will quit, he said. But he gave the impression of a man determined to hold on to power. Nobody’s perfect — as I always say, ‘Love me, love my dog’. If you love me, you should love my weaknesses, he said.

 

3rd April Square Faced Peg in a Round Hole

From The Times

Thailand was propelled deeper into political crisis yesterday with a general election that failed to return a working parliament and the threat of further demonstrations against the Prime Minister, Thaksin Shinawatra.

Votes were cast in a peaceful atmosphere in most of the country, but nine people were injured by bombs at polling stations in the troubled deep south, where the Government is struggling against a two-year-old Islamic insurgency.

An overwhelming victory for Thaksin’s Thai Rak Thai (Thais Love Thais) party was inevitable, since the three main opposition parties boycotted the election. The crucial question was whether they could prevent Thaksin being re-elected by parliament.

In that they seem to have succeeded. In one constituency there were no candidates to vote for after all five were disqualified by the Election Commission. Other constituencies are likely to fail to return an MP because of a high number of abstentions. That means parliament will not reach the 500-seat quorum necessary to elect a Prime Minister.

The country now faces months of by-elections, legal challenges, complicated constitutional arguments and further anti-Thaksin demonstrations of the kind that have brought as many as 100,000 people on to the streets of Bangkok.

Thaksin has promised to step down in the unlikely event that he gains less than half of votes cast. Yesterday both he and Thailand’s national police chief said that the street protests should end. We should return to the rule of law, Police General General Kowit Watana said. Police have been lenient for a very long time.

But Chamlong Srimuang, a former general and now a Buddhist ascetic, insisted that there would be no compromise by his People’s Alliance for Democracy (PAD), a coalition of religious and civil rights groups. I want to reaffirm that, after the election, we will stage protracted protests until the Prime Minister resigns, he said as he voted.

Out of 400 constituencies which directly return MPs, 278 had only a single candidate, that of Thai Rak Thai. If politicians in those seats gain less than 20 per cent of votes cast they will fail to secure a seat.

But the most extreme case was that of Nonthanaburi Constituency Number 3, where the only candidate not already disqualified was barred from running on Friday because she did not vote in the last election.

Voters were presented with one ballot paper — to choose a party for the 100 seats allocated by proportional representation — but the constituency itself will not return an MP, meaning that the election will almost certainly have to be repeated in a few weeks.

At the time of writing unofficial results show four Thai Rak Thai candidates fail in three southern border provinces. Four constituencies of Narathiwat, Pattani and Yala failed to earn the required 20% votes to win the election. They were candidates in Narathiwat's Constituency 2, Pattani's Constituency 1 and 2 and Yala's Consituency 1.

 

2nd April Opposition Crossed Off

From the BBC

Voters are going the polls in Thailand amid a political storm which still could mean a government is not formed.

Prime Minister Thaksin Shinawatra hopes the general election will strengthen his position.

His critics accuse him of corruption and abuse of power. There have been weeks of protests calling for his resignation. The three main opposition parties are boycotting the election - called three years early - and urging people to cast votes of abstention.

Thaksin, who says he will step down if his party fails to win 50% of votes, encouraged Thais to exercise their right to vote as campaigning ended.

Voters have the option of registering a "no vote" if they do not want to vote for a ruling party candidate.

The election could potentially be a poll which elects no government and brings no end to the crisis. According to the Thai constitution, all 500 parliamentary seats must be filled for the lower house to convene, but in some seats unopposed Thai Rak Thai candidates are unlikely to achieve the 20% of the vote necessary to be accepted as legitimate MPs.

Polls opened at 0800 local time and were to close at 1500. (So why are bars closed until midnight?)

On Friday, a last-ditch bid to have Thaksin disqualified from the elections over alleged violations of campaign law failed when the Administrative Court refused to hear a petition from anti-Thaksin campaigners.

 

News Index

 Thai News 2006: Jan-March April-June July-Sep Oct-Dec
 Thai News 2007: Jan-March April-June July-Sep Oct-Dec
 Thai News 2008: Jan-March April-June July-Sep Oct-Dec
 Censorship News: 2006 2007 2008
 Farangland News: 2006
 Farangland News 2007: Jan-March April-June July-Sep Oct-Dec
 Farangland News 2008: Jan-March April-June July-Sep Oct-Dec
 Pattaya News: 2005 2006 2007 2008
 Computer Crime Act 2007 A translation of the law
 Ministry of Censorial Culture Thailand's Censors
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