LW: Research Reports
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- PublicationLegal Problems Concerning the Prostitution in Massage Parlour(University of the Thai Chamber of Commerce, 2006)
; University of the Thai Chamber of Commerce. School of LawThe Legal systems concerning prostitution have been divided into three categories: the forbidding prostitution system, the repealing prostitution system, and the registering prostitution system. Thailand previously implemented the system of addmissible prostituion. However, nowadays, Thailand has strictly prescribed the forbidding prostituion system. In the present time, there have been a variety of laws, enacted in the purpose of preventing and supressing prostitution, such as The Penal Code, the Prevention and Suppression of Prostitution Act B.E.2539, the Measures to Prevent and Suppress Trafficking Women and Children Act B.E.2540, and the Money Laundering Control Act B.E. 2542. All of which are effectively enable to criminally prosecute any person involving prostitution, for example in procuring a person for a prostitution purpose, in an offence of taking away a child or minor, in an offence against an act of being an owner or a proprietor of a prostitution parlor, and in an offence against the trafficking of woman and child, etc., or to forfeit the property of such person. Albeit having the laws to totally control these matters, the prostitution has not vanished or diminished from Thai society. For the law enforcement officers and the people in general, prostitution in some places, particularly in massage parlor, is widely known, as the place where the prostitution can be obtained.There is a number of legal factors causing the massage parlor the place where the prostitution took place. The underlying matter that caused the said problems was obviously seen in some provisions of Recreational Place Act B.E. 2509 which allowed a man and a woman to take a bath together and to have a massage in the private room having a bed in which easily created a sexual opportunity. In addition, the penalty for an owner of such places is inappropriately trivial. The difficulty of an enquiry into an evidence to prosecute an owner of recreational place or a person procuring prostitution, occurs because a witness, in some means, is partly acting against the law himself, as well as an enforcement of the law is not in effective and sufficently interesting. If there is an amendment of Recreational Place Act B.E. 2509 into imposing the penalty on prostitution and to suspend or withdraw the license of such owner, or amending an involving ministeral order in order to control a sexual opportunity in a recreational place, or taking any person associating the prostitution to be the witness by reducing the penalty, or creating the right attitude to the law enforcement officers for strictly enforcing the law, the problems in the massage parlor concerning the prostitution will be diminished.36 3145 - PublicationAppropriate Modality for Public Consultation under Section 59 of the Constitution of the Kingdom of Thailand [B.E.2540]The aim of this research work is to analyze the principles and procedure for the public consultation under Article 59 of the Constitution of the Kingdom of Thailand, B.E. 2540 by way of a comparative study of the previous regulations, law, draft Bills relating to public consultation and the prevailing Rule of the Office of the Prime Minister on Public Consultation, B.E. 2548, as well as a study of the problems and impediments in the public consultations in the past experience. The precedents and positive repercussions of the public consultation in foreign countries are cited in support of the critical analysis of the author with a view to proposing pertinent guidelines for fructuous public consultation in Thailand.Researches have discovered that the notion of public consultation existed long before the present constitution has upheld such right for the first time. However, as it is enshrined in only three specific Acts, the concept of public consultation has not been so prevalent. Besides, since the 3 Acts fail to prescribe the format and criteria for the public consultation, the Rule of the Office of the Prime Minister on Public Consultation by means of Public Hearing, B.E. 2539, has been enacted for the first time as the norm for public hearings. The organization of public hearings under that Rule of the Office of the Prime Minister has, nonetheless, encountered several complications and hurdles until the promulgation of the present constitution and the recognition of the right and freedom to organize public hearings at the Administration level. Such Rule of the Office of the Prime Minister has thus failed to meet the objectives and purposes of the Constitution in this area. Anyhow although subsequently the Rule of the Office of the Prime Minister on Public Consultation by means of Public Hearing, B.E. 2548 has been enacted in substitution to the one of B.E. 2539, the new Rule of the Office of the Prime Minister is still plagued with quite a few shortcomings, e.g., it only has the status of an Administrative Decree. Hence, its incapability to provide as efficacious a guarantee as a Parliamentary Act for the right and freedom of the people in this respect and its substantive provisions are prone to give rise to numerous practical problems, viz problems arising from the exercise of the discretion power of government agencies in prescribing the frameworks and specification for an appropriate public hearing for each project, the problem of partiality of the public hearing organizing authority, the problem in the perception of the outcome of the public hearing for an integration in the deliberations of government agencies.In light of the above, the author recommends an enactment of an act that implements Article 59 of the present Constitution and prescribes the regulations and procedure for the organization of the public hearings, from the initiative to organize a public hearing, publication of essential information on the project, prescription of the modality of the public hearing and the criteria for its perception expedient to each project, creation of a public hearing committee, publication of the summary record of the public hearing, disclosure of the consequential actions taken by the competent authorities in that project and rationale behind the decision to take that course of actions, for the organization of public hearings in Thailand.
17 103 - PublicationRight to No-Vote: Prospects and Pitfalls of Encouraging No-Vote Rights in the House of Representatives’ Election(University of the Thai Chamber of Commerce, 2013)
; University of the Thai Chamber of Commerce. School of LawThis research aims to study the path in developing and promoting “right to no vote” forcandidates of Members of the House of Representative in Thailand. It explores idea, spirit andhistory of related laws and problems which concern this issue comparing with internationalexperiences, such as Bangladesh, Canada and the United States. Then, it will adopt patterns withadvantages, and disadvantages of those experiences and apply to Thai practices.After studying, This study found that Thailand has some advancements in this matter.These progresses include forms of “right to no vote” which indicate “no vote” option on the ballotpaper, separation of counting ballet paper between “no vote” and others without spoiled ballots,and announcement of “no vote” ballot paper to public. Besides, according to the fundamental lawor election of Member of the House of Representative and senators (2) B.E. 2554, Article 88assigns that “right to no vote” has legal effect if any constituency has only one applicant andreceives fewer votes than the votes cast, it must set a new election in that constituency. However,the result of “right to no vote” in Thailand has not covered the constituency that has manycandidates and party list.Therefore, This study suggests that the legal effect of “right to no vote” should beextended to the constituency that has many candidates by setting a new election in a case thatsuch constituency has total “right to no votes” over total candidates. This new election will notlimit the right of old candidates to apply this new election. A proceeding concerning electioncancellation according to article 88 paragraphs 3 and 4 of the fundamental law of electionMembers of the House of Representative and senators (2) B.E. 2554 will be adopted to make the“right to no vote” reach the ultimate purpose.6 71