Rohingya Massacre Continues Despite Signed Memorandum of Understanding

The Human Rights Watch have called for UN access into Myanmar for a UN-Fact Finding Mission that was previously denied by the Myanmar government. The call follows a violation in the signed Memorandum of Understanding (Nov. 23) between Bangladesh and Myanmar.

The Burmese military just days after the signed Memorandum destroyed buildings in five villages belonging to the Rohingya people in the Rakhine state of Myanmar. Since August when the violence began, a total of 354 villages have now been destroyed.

Human Rights organizations have condemned the government, led by peace award winner Aung San Suu Kyi, for failing to stop the violence. The Memorandum was meant to provide safe passage for displaced persons of the Rohingya crisis from Bangladesh back into Myanmar.

Couples wishing to get married and draft a prenuptial agreement should contact prenup lawyers in Thailand with decades of experience in Thai jurisdiction.

However, the “genocide” as described by the UN high commissioner against the Rohingya Muslims by the Burmese military still continues.

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Related Post: The Rohingya Crisis, an Ethnic Cleansing?

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US Citizens Scam Creditors with Philippines Fake Death Scam

The Philippines currently has fake death cottage scams for those tourists who don’t particularly want to return home. For a mere 100 pounds, one can receive a fake death certificate and for 20,000 pounds they can help you create a new identity. However, for those wanting to claim life insurance need to provide substantial evidence.  

The scam can go as far as picking out a dead body from the morgue and videoing a fake funeral. Insurance companies are now deploying private investigators to make sure life insurance claims are legitimate. However, these cases are hard to prosecute overseas. The few, who are prosecuted, are only penalized with a denial of insurance claim. People mainly get caught through reaching out to loved ones.

The scheme for claiming life insurance is therefore a little trickier than just simply disappearing.

For assistance understanding divorce procedure in Thailand please check out our Thailand Divorce FAQ.

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Myanmar Crackdown on Press Holds Two Reuters Reporters

The two reporters were arrested for investigating the police attacks against the Rohingya people in Myanmar. They were invited to dinner by the police stationed at the Rohingya refugee crisis area and then arrested. Reuters and family cannot get a hold of the reporters as it seems they have essentially disappeared, comments Poppy Mcpherson, a journalist in Bangkok.

The absence of communication can be attributed to Myanmar’s lack of press freedom that has gotten worse since the crimes against the Rohingya people in August became of public knowledge.

Pressure has been put on the civilian government led by Aung San Suu Kyi to help the journalists; however it is apparent that the power is really in the hands of the military.

Government officials recommend for international pressure that may possibly have an impact.

People seeking help for a missing person in Thailand can seek assistance with private investigator services.

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Related Post: US Condemns Myanmar for Rohingya Ethnic Cleansing 

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Thailand Hemp Growing Legalized

The Thai government has relaxed the law narcotics in the Northern region of Thailand. The reason being, they want to promote the industrial use of its fiber, household/commercial use, research and agriculture breeding. However, the Narcotics Control Board will keep the registration for hemp farms heavily regulated as only state departments can apply.

A similar type 5 drug that researchers are pushing to ease the narcotic law on is marijuana. Marijuana is known for its medicinal properties and has been used in Thailand for hundreds of years, before modern medicine was introduced into the country. It was forced to be criminalized by the UN.

Dr. Kamoltham, an advocate for alternative medicine in Thailand says the ban on marijuana in Thailand is “an opportunity loss” as the plant grows well in the hot climate. The ease on policy with Hemp may be a little too late as other countries have already dominated the market.

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Bangkok based expert attorneys assist civilians to file lawsuits for wrongful termination, personal injury and medical malpractice in Thailand

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Thailand Migrant Workers Declining

The past four months have seen a decreased demand for migrant workers in Thailand. Migrant workers have also complained of low wages, shortage of jobs and in increase of price in commodities.

Current issues regarding family law in Thailand are important for families that often cross the border for leisure or business.

The rate has dropped from 16,560 workers coming into Thailand in August to 12,160 in November. The country’s new migrant employment law, the Memorandum of Understanding has some migrant workers returning from Thailand due to insufficient documents. The law was created to help legalize migration and to decrease the amount of human trafficking cases.

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Indonesian Maid Arrested in Hong Kong: Child Porn or Cultural Difference?

The call for better guidelines to help domestic overseas workers comes after an incident where a worker from Indonesia had live streamed herself giving showers to the three children she was looking after.

A spokeswoman for Asian Migrants says that this sensitive case involving cultural differences. She also commented that it is the government’s duty “to provide guidelines for domestic helpers on culturally unaccepted behavior”.

The helper was arrested for child pornography and the 17 minute video taken off social media. Persons in Hong Kong found guilty of child pornography charges can face a maximum sentence of eight years and a fine of HK$2 million.

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Expert divorce lawyers in Thailand advise that it matters where the marriage was registered in order to follow the correct jurisdiction proceedings for prenuptial agreement in Thailand.

Amendment Passed in Malaysia to End Mandatory Hanging of Drug Traffickers

The amendment is hoping to stop the war on drugs, says the Bangkok Post. A current law amendment was passed in Malaysia Senate that will provide the discretion to decide whether to impose death penalty or life sentence.

This legislation will apply to those acting as drug couriers and not actually buying or selling the substances. The government has been prone to using drastic measures however; the number of drug incidents is still rising. 2014-2017 saw 10,787 people have been charged with the mandatory death sentence.

A Japanese nurse, Mariko Takeuchi, may be the last person hung under the old Act as the “amendment is not retroactive”. She will be the first Japanese person to be sentenced to hanging for drug trafficking charges.

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In terms of drug offenses in Thailand, the criminal justice system allows for the right of legal representation and the right against self-incrimination.

Wo Shing Wo Triad Initiation busted by Hong Kong Police

Hong Kong police on Tuesday morning while raiding a hut in Sham Shui Po came face to face with traditional gang initiation ceremony, a type of ceremony that hasn’t been viewed for a decade.

An officer from Hong Kong’s Organize Crime Bureau, commented on the scene, that some were kneeling, some were hosting, there were was a written manual of how to host the ceremony and a meat cleaver according to South China Morning Post.

Amongst the men arrested were a 43, 45, 57 and 62 year old who is thought to be the leader of the triad. The bureau believes the rituals are done to draw refugees into the gang.

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Thailand family courts have special procedures for Thailand child custody cases such as special court counseling section referral to the office of obscuration and protection center.

Bangkok Airways Owned Samui Airport Violates Thailand Land Law

The Bangkok Post covers the story on an inquiry over a section of the land in the Samui airport that may actually belong to other public agencies. The land in question, is situated over 16 rai of land at the airport. 

However, the Governor of Surat Thani defends the land by saying it is required by the airport for aviation reasons. The land is part of the air safety zone where no structures, buildings or trees can obstruct the air zone.

The Council of State considers the strip of land belonging to the public. However, the land under question is required by Thailand Land law and in partner with the Thailand aviation law, where the development of buildings and trees is under heavy control. Surat Thani Governer Mr.Uaychai says the airport is “required to have the land there for safety reasons”.

Although Bangkok Airways Executives had no comment on the issue, president of the company, Puttipong Prasarttong-Osoth had previously said that the area has nothing to do with the runway. If investigations conclude in the land belonging to public agencies, Bangkok Airways will comply with state court rulings.

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Foreign last wills and testaments in Bangkok or other areas may or may not be enforceable, based on whether or not they comply with Thai law. Contact Thai probate law experts for Thailand probate proceedings.

Cambodia’s Prime Minister Orders for the Closure of Human Rights Group

Prime minister, Hun Sen accuses the Cambodian Center for Human Rights of being conceived on foreign ideas and accepting foreign funds. Radio Free Asia, adds that Hun Sen’s government has also targeted opposition media outlets and non government organizations. 

Pa Nguon Teang, co-founder of the CCHR comments that the center was not wholly created by foreigners and that to close down the CCHR based on foreign funding is to shut down all NGO’s in Cambodia as they receive no support from the Cambodian government. He argues that the CCHR works to improve human rights in Cambodia and to close down will mean “Cambodians will be the ones who lose”.

The shutting down of NGO’s follows Hun Sen’s successful shut down of the opposition party, displaying his fear of free elections, free expression and association.

International NGO’s seeking to conduct operations in Thailand are advised to register to a foundation. This is because there are administrative obstacles to operating an international NGO in Thailand with no local entity registration.

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A Thai prenuptial agreement is registered with the Thai government at the time of the marriage. Spouses should elect lawyers that are well rehearsed in the matters of Thai divorce law courts. 

Three Day Immigration Raid Finds 983 Foreigners Guilty For Overstaying Visas

A local mission led by the Immigration Bureau covering the East and Central regions of Thailand resulted in arrests and fines of up to 983 foreigners liable for overstaying their visas, reports the Pattaya Mail.

The three day mission prompted by the crackdown on eight sex traffickers from China led to the discovery of 42 foreigners guilty of overstaying and 161 who surrendered in the Pattaya area. Other eastern areas found 911 foreigners chargeable for fines of overstaying.

Blacklisting in general is based on overstaying your visa in Thailand. The consequences of a visa overstay include fines, deportation and being blacklisted from entering Thailand for a period of time.

Penalties include heavy fines and not being able to return to the country for a corresponding amount of years that they have overstayed their visa. Exceptions include overstaying more than five years that results in a 10 year ban.

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Introduction of Absentia Law Aimed at Taking Down Thaksin

Reuters reports that under a new law of Absentia in Thailand, Thaksin can be prosecuted for failing to be present for two graft cases in 2008 and 2012. Those cases are currently suspended until his return to Thailand.

Thailand’s political situation is divided between Thaksin, his sister the former Prime Minister and the elite class. Thaksin was removed from government in 2004 due to a coup. Allegations towards Thaksin involve misuse of power in terms of the telecoms industry in Thailand. His sister also fled the country but was found guilty and penalized to five years in jail.

Previous commerce minister Watana Muangsook comments that the introduction to the law of absentia is “aimed at destroying the regime’s political opposition”.

For professional opinions on criminal law in Thailand, Chaninat and Leeds have acted as a foreign expert on Thailand law for decades.

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Hong Kong’s New Law Against Disrespect of Anthem Causes Concern

Concerns are growing over Hong Kong’s recent decision to outlaw disrespect of the national anthem, with speculation over how the law will be enforced. The South China Morning Post asked legal experts to weigh in on how it might work.

Article 15 of the mainland law states that “anyone who plays or sings the song in a distorted or disrespectful way in public, or insults the national anthem in any other way, can be warned, detained for up to 15 days in administrative detention, or prosecuted by public security authorities”. Article 7 also states that “when the national anthem is played, people at the venue should stand solemnly and must not behave in a disrespectful manner”.

This has caused many to speculate that frivolous arrests could be made, such as if a person’s Mandarin is not good enough to sing the anthem properly, or if they fail to stop and stand when it’s played. According to legal experts, individuals may be prosecuted if they are recorded booing or disrespecting the anthem, but won’t be charged if they hadn’t clearly intended to cause offense.

In Thailand disrespect of the monarchy (lèse majesté) carries harsh punishments, and there are strict Thailand defamation laws.

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Hong Kong Inundated by Cambodian Maids

Hong Kong experienced a recent influx of 1,000 domestic workers from Cambodia, according to The Standard.

Law Chi-Kwong, Secretary of Labor and Manpower, stated that the hiring scheme was developed in April in response to a high demand for foreign domestic workers.

In response to concerns over language and cultural issues, he explained that Cambodians have a “very high” linguistic ability, and with many Chinese nationals living in Cambodia, adjusting to life in Hong Kong won’t be too difficult for them.

Before their arrival, workers were required to take a three-month training course, during which they studied Cantonese, cooking and nursing.

Efforts to expand the hiring campaign are ongoing, with a view to increase the number of countries that can provide domestic helpers to Hong Kong.

In Thailand, it’s commonplace for migrants from Myanmar, Cambodia and the Philippines to work as maids. However, many of them lack the required visas. In order from a foreigner to work legally a Thailand work permit must be provided by the employer.

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Koh Phangan Police Crackdown on Illegal Hostels

According to the Samui Times, police in South Thailand are raiding illegal hostels on the islands, making several arrests.

Earlier this month, police apprehended Wasant Damchuay, manager of Echo Beach Bar on Koh Phangan. It was discovered not only that he hadn’t obtained a permit for the hostel, but was also selling nitrous oxide ‘laughing gas’ balloons illegally.

In order to legally pursue company registration in Thailand assistance from licensed lawyers is required.

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Bitcoin Businesses to be Regulated in Singapore

According to Bitcoin, Singapore will soon begin to regulate all businesses which accept and use crypto-currency.

Deputy Prime Minister Tharman Shanmugaratnam, who is also the chairman of Monetary Authority of Singapore (MAS), said that the organization lacks the authority to regulate Bitcoin itself. Therefore, it will design regulations for companies providing payment services with the currency.

“The MAS regulates the activities that surround them if those activities fall within our more general ambit as financial regulator”, he explained.

For information on company laws in Thailand, contact expert Thai business attorneys

MAS estimates that Bitcoin is currently accepted by only around 20 retailers in the country, but this number is anticipated to increase.

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Korean Bioethics Law to Enable Gene Therapy Research

According to The Nation, Korea has announced that bioethics laws will be changed for the purpose of enabling more progress to be made in gene therapy.

Last month, lawmakers submitted a motion to amend the Bioethics and Safety Act. Currently, the law only allows research to be done on a small selection of diseases, including cancer and AIDS. This amendment will expand it to cover all diseases.

Those who back this law are hopeful that it could lead to scientific breakthroughs in treatments for degenerative illnesses. However, others are concerned that it could result in dangerous side effects.

Family lawyers at Chaninat & Leeds advise Thai and foreign spouses on marriage, paternity, custody and divorce laws in Thailand

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Thailand Enacts New Customs Law

According to The Nation, Thailand now has a new customs act to replace the one that had been in place since 1926.

The new Customs Act B.E 2560 (2017) was announced in the Royal Gazette on May 17^th 2017. The key amendments are as follows:

·         Elimination of strict liability presumptions on an accused for claims of customs duty evasion.

·         Elimination of presumed liability for officers, directors, and other authorized persons.

·         Decrease in the percentage of fines claimed as rewards for whistleblowers under the Customs Act and introduction of a cap on such rewards of THB 5 million.

·         Significant change in the calculation of criminal fines for claims of duty evasion. Previously, the fine was 4 times the combined price of good plus duty, while the new calculation for a fine is between 0.5 to 4 times the amount of duty evaded.

·         For the first time, the Court can apply discretion in calculation of criminal fines. 

·         Imposition of limits on post-clearance audit timelines.

·         Creation of clear timelines for Board of Appeal review.

·         Imposition of a clear deadline for return of duty guarantees.

US immigration lawyers in Thailand say that the new Customs Act provides fairer and clearer guidelines for those travelling to Thailand.

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Hong Kong’s Sex Workers Say Prostitution Houses Don’t Protect Them

According to The Daily Beast. Hong Kong’s prostitution laws dictate that sex can only be sold by “one woman in one room”. Lawmakers say this cuts pimps and brothels out of the equation, effectively giving sex workers more control. However, sex workers say they put them in danger

Zi Teng, a Hong Kong sex workers rights group, say that these laws “put sex workers in unstable positions where the law cannot be of service”, so they are unable to seek help from police. They also say that sex workers should be allowed to work together in order to reduce risks of abuse from customers. They suggest that at the very least, they should be able to hire security guards. Since this would violate the “one woman, one room” law, this would be a criminal offense.

Specialized family lawyers are required for processing foreign divorce in Thailand

Sex Worker’s Rights in Thailand

Thai Law Forum visited the Bangkok sex workers museum to learn about how sex worker’s rights in Thailand are fighting for their rights.

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