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May 2011 : General Election on 3rd July

  • General election on 3rd July.
  • Names of Law reform commissioners
  • Right to Die.
  • ISA in Bangkok lifted-CAPO shut
  • Public debt reduced
  • Refinance credit card debt
  • World Court to clarify Phra Viharn judgment
  • TOT to provide 3G services
  • Japan reduced civil servant salary

    General election on 3rd July

    The Election Commission has announced the date for the general election to be 3rd July. Application date for party list MPs is between 19th and 23rd May and for constituency MPs between 24th and 28th May.

    Forty political parties polled party list MPs and thirty-four parties constituency MPs, making a total of 1,410 party-list and 2,422 constituency candidates. Both types of MPs will use the same running numbers nationwide. Puea Thai Party drew number 1 with Ms. Yingluck Shinawatra, Thaksin’s sister at the top of the party-list. The Democrats, led by Abhisit Vejjajiva, drew number 10.

    Advance voting is available 7 days before election date provided voters register at district offices prior. In each province there is one advance-polling unit, Bangkok has one in each district. Voters can vote either in their own constituency or in another, but advance vote outside the constituency is allowed only in the voters’ place of residence or place of work.

    A candidate is not allowed to spend more than 1.5 million Baht for campaign expenses. The Election Commission considers this sum sufficient in spite of increased costs because the current one-man-one-vote system provides for smaller constituencies.

    Names of Law reform commissioners

    On 25th May, the Royal Gazette published names of 11 members of the Law Reform Commission of Thailand, they are:
    1. Professor Dr. Kanit Nanakorn –President
    2. Mrs. Sunee Chaiyarose -Vice-President
    3. Mr. Sukhumpong Ngonkam –Commissioner
    4. Mr. Somchai Homlaor –Commissioner
    5. Professor Dr. Saowanee Asawaroj –Commissioner
    6. Mr. Phairoj Pholphet-Commissioner
    7. Assoc. Prof. Dr.Banjerd Singkaneti –Commissioner
    8. Mr. Prasong Lertratanawisute –Commissioner
    9. Mr. Chaisith Suksomboon –Commissioner
    10. Assoc. Prof. Dr.Kumchai Jongjakapun –Commissioner
    11. Assoc. Prof. Virada Somswasdi –Commissioner

    The Constitution of 2007 provided for the establishment of a law reform commission and its number was specified in Sections 6 and 21 of the 2010 Law Reform Act. Two hundred and thirty four lawyers applied and 11 with diverse legal competencies selected.

    Right to Die

    Following Article 12 of the National Healthcare Act of 2007, a Ministerial Regulation concerning the right to die was brought into force on 20th May 2011. A person can now make a living will expressing a wish not to have certain life prolonging medical treatments, in the event that due to illness or incapacity, they are unable to make their own decisions. A living will can become a legally binding document allowing compliance with the wishes of the testator as well as protecting those who act according to its terms.

    Dr. Ampol Chindawatana, Secretariat to the National Health Commission commented that the right to die is available to everyone and a living will can be made by anyone of at least 18 years.

    Group Caption Dr. Ithiporn Kanachareon, Deputy Secretariat of the Medical Council of Thailand, supported the idea but suggested that there should be practical and appropriate measures to prevent conflict between medical practitioners and patients’ families. Moreover, there should be a specific agency supervising living wills.

    Instructions in a living will can be written as follow:
    “ In the event I am admitted to hospital for medical treatment and I am unable to speak, write, or perform functions independently, I do not wish to be kept alive by life-support systems in order to extend my life…I do not wish and do not permit anyone to sustain my life by providing me water, food, or anything else by tubes insert in my nostrils, mouth, or any part of my body [except the use of a urinary catheter]. I do not wish and do not agree to surgery or the use of electronic equipment if my heart stops beating. Pain-relieving drugs and sleeping pills should be used only to reduce pain…..”

    Dr. Wisut Latchasevi, Assistant to the Secretariat of the Medical Council of Thailand suggested that the Ministerial Regulation might go beyond what is allowed in the Act. Article 8 of the National Healthcare Act of 2007 stated that medical personnel are obliged to provide treatment when a patient is in life-threatening danger and requires immediate assistance. The patient cannot refuse it. Further, Articles 288, 289 (4), and 234 of the Criminal Code and Article 420 of the Civil Code prohibit killing either intentionally or negligently through either an act or through a failure to act. Therefore, medical personnel who fail to give medical treatment might be at risk of violating the Criminal and Civil Codes.

    ISA lifted in Bangkok-CAPO shut

    Pol. Gen. Pongsapat Pongcharoen announced on behalf of the Centre for Administration of Peace and Order (CAPO) that the ad-hoc agency is no longer required since the Internal Security Act (ISA) was lifted in Bangkok on 24th May. ISA had been in force in 7 Bangkok districts since 8th February 2011, in order to deal with rallies in those areas. CAPO’s responsibility will now be handed over to the Metropolitan Police Bureau.

    Public debt reduced

    The Public Debt Management Office disclosed that as of 31st March, public debt is at 4,246,114.68 million Baht or 41.28% of GDP. This figure is 11,295.13 million Baht less than the previous month. It is divided into:
    1. Direct government debt: 2,988,845.39 MB,
    2. Non-bank state enterprises debt: 1,065,872.13 MB,
    3. State enterprises- government guaranteed debt: 160,340.27 MB and
    4. Debt from the revitalization and financial development funds: 31,056.89 MB.

    Refinance credit card debt

    Responding to the Ministry of Finance policy to ease the burden of credit card debts, three state banks: the Government Saving Bank, Krung Thai Bank and the Islamic Bank of Thailand are providing refinancing loans total 10,000 million Baht between 1st June - 31st August 2011.

    Applicants must be credit card debtors with regular status on 30th April and able to repay according to banks’ regulations. The amount of loan will not exceed 5 times salary or 300,000 Baht/person. Repayment period is 1- 3 years and interest rate is MLR plus 3.5% or 10% per annum.

    Loans will be unsecured but the banks will require commitment from debtors that they will not charge further amounts against those credit cards for at least one year.

    World Court to clarify Phra Viharn judgment

    Cambodia requested the International Court of Justice (ICJ) or the World Court to clarify its 1962 judgment in which the Court decided that the Phra Viharn Temple belonged to Cambodia, but did not decide whether the surrounding land belonged to Cambodia or Thailand. On 26th May, the Ministry of Foreign Affairs stated that the World Court has set the date for an oral hearing at The Hague on 30-31 May 2011. It is expected that the ICJ will ask the two countries to submit written statements during September-October and it might take 1-2 year for consideration. In the meantime, Cambodia has asked the ICJ to grant temporary measures for Thailand to withdraw military forces from the area.

    Ittiporn Boonpracong, Director-General of the Department of Treaties and Legal Affairs and Deputy Agent of the Kingdom of Thailand before the ICJ explained that there is no dispute between Thailand and Cambodia as to the meaning and scope of the 1962 judgment. Thailand had fully complied. This includes the obligation to withdraw military or police forces, guards or keepers, at the Temple, or its vicinity on Cambodia territory, and the obligation to restore to Cambodia any object which had been removed from the Temple or its area by the Thai authorities. Thailand also recognizes that the Temple of Phra Viharn is situated in the territory under the sovereignty of Cambodia since the 1962 judgment was given.

    He added that the incidents occurred during 4-7 February in the area of the Temple of Phra Viharn, but, except for a minor one on 26th April, the situation has since returned to normal. Other clashes that occurred in April 2011 and referred to by Cambodia took place in the area of the Ta Muen and Ta Kwai temples in Surin Province, about 150 kilometers from the Temple of Phra Viharn. Furthermore, bilateral talks are already taking place.


    Thani Thongphakdi, Ministry of Foreign Affairs spokesperson added that Cambodian troops stationed in the Temple had also engaged with the Thai side. Cambodia has denied stationing troops at the Temple. However, Thailand does not consider this an issue and deem it separate from the matter before the ICJ.

    In implementing the World Court’s decision in 1962, Mr. Boonpracong stated that Thailand had withdrawn its troops to the limit set by the Thai Cabinet’s resolution of June 1962. Thailand has troops only in areas it considers its territory and not beyond the said limit.

    TOT to provide 3G services

    On 24th May, TOT Public Company Limited signed loan agreements with the Bank of Ayudhya and the United Overseas Bank (UOB) for 10,000 and 5,000 million Baht respectively. These will be used to provide 3G services nationwide. Loan period is 10 years with a 2-year grace period. Loan repayments are to be made biannually for 8 years.

    Network installation can start within 45 days after the contracts are signed and a total of 5,000 base stations are expected to accommodate more than 7 million numbers.

    Japan reduced civil servant salary

    The Japanese Cabinet approved a proposal to reduce salaries of all civil servants by 10% for 3 years. It is expected that a saving of 300 trillion Yen annually will be used to redevelop areas affected by the earthquake and tsunami of March 2011.
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