| |
August 2003 : Pichet Ousted From Cabinet
The Constitutional Court ruled that Deputy Transport Minister Pichet Sathirachawal breached article 295 of the constitution by concealing his debt and will be barred from holding political office for five years. The court also accepted the House and Senate petition on the constitutional of the Anti Terrorists Royal Decree.
The House of Representatives postponed the meeting on consideration of the Thai-Malaysian gas pipeline crackdown report submitted by the Human Rights Commission and rejected the draft bill on the Teachers and Educational Personals amended by the joint House-Senate committee. The joint House-Senate Committee draft bill on Protection of Geographical Indicators was sent to the Senate and House for consideration.
The Constitutional Court ruled Pichet guilty
The Constitutional Court, on August 5, ruled 8 to 5 that Deputy Transport Minister Pichet Sathirachawal intentionally submitted a false assets declaration and concealed the truth in accords to article 295 of the constitution therefore he would be ousted from the cabinet member since August 29, 2002 the same day that the anti-graft commissions found out and will be barred from holding political office for five years similar to former Democrat Party Secreatary, Sana Kachornprasart.
Earlier, the National Counter Corruption Commission unanimously ruled that Mr. Pichet intended to hide a 48-million-baht debt he co-owed while he was the Industry minister. The NCCC sent the case to the Constitutional Court.
The Constitutional Court to rule on the Anti Terrorism Decree
The Constitutional Court of 15 members unanimously ruled to accept the petition from the House and Senate on the amendment of the Criminal Law 2003 and Anti Money Laundering Law 2002 and 2003, which is known as the Anti Terrorism Bill submitted by the cabinet and published in the Royal Gazette on August 11, 2003 on the constitutional in accords to article 218, clause one. The decree stated that terrorism is a criminal guilt and violation of the law is liable to freeze monetary transaction.
Some members of the House and Senate disagreed on the issuing of the decree on ground that a royal decree enactment should be issued in case of protection of national and public safety. Since the country is not in such a situation therefore issuing of the Anti Terrirism decree is unconstitutional in accords to article 218 and should be overruled by the constitutional court in accords to article 219.
The cabinet has to report on background and rational of the decree within 15 days after receiving the court’s request.
Gas pipeline report postpone
The House ruled 304 to 92 with 7 abstain to postpone the consideration of the Human Rights Commission report on human rights violation in gas pipeline crackdown. The commission request the government to stop prosecution on the protestors and reimbursement of casualties within 30 days.
The House reasoned since the case is on trial the commission could not make any decision and the commission conclusion on investigation might violate or pre-illustrate the court’s judgment. The House also considered the case should be submitted to the Constitutional Court for final rule.
Mr. Banchong Na Sae, one of the twelve leaders arrested during the police crackdown on December 20, 2002 submitted a petition to the Human Rights Commission to investigate into the violence and the commission investigation report was submitted to the House.
Teachers Bill rejected
The House on August 27 voted 315 to 109 with 3 abstain and 1 no vote to reject the draft bill on Educational Personals Regulations and the Salaries Annex amended by the Senate. The halting caused the bill to be suspended for 180 days before permanently rejected and the House will re-endorse the previous draft without the Salaries Annex.
Earlier, the joint House-Senate committee agreed on the Senate draft amended to include the Salaries Annex but the House disapproved on ground that the Salaries Annex was a fiscal commitment beyond parliamentary functions and should be decided by the government administration.
Amendment of the Protection of Geographical Indicators draft bill
The joint House-Senate panel voted 11 to 3 to eliminate the flora and fauna names from the definition of the common names in articles 3 of the draft bill on Protection of Geographical Indicators. The amendment caused no country could use Thai trade names, such as “jasmine rice”, to benefit their agricultural products of similar quality.
Previously, the House rejected the draft modified by the Senate to include flora and fauna names in common names on ground that any country could use Thai specific name to benefit their trade names.
The amended draft will be submitted to the House and Senate simultaneously.
From : http://www.fpps.or.th
|
|