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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