2005 Election Theme

THailand

2005 Election theme

Vote first, pay later

Are they really afraid of EC?
Probably not. They all afraid they won't have enough MP to set up the government!!!

Court's ruling on the PTT's privatisation

Thailand - Official translation of the Supreme Administrative Court's ruling on the PTT privatization case

Panel of judges of the Supreme Administrative Court made known today (December 14th, 2007) its ruling on the PTT privatization case which opposes the Foundation for Consumers to the Cabinet, the Prime minister, the Minister in charge of Energy and the PTT plc. The plaintiffs claimed that the PTT privatization procedure is unlawful as it didn't respect the formailities prescribed in the Law of 1999 on the State Entreprise Corporatisation. The Supreme Administrative Court has to consider whether the PTT privatization procedure was unlawful as alleged by the plaintiffs and whether the Royal Decree determining the powers, rights and assets of PTT plc and the Royal Decree transforming PTT as a State enterprise into a public company are lawful.

On the first question, the Supreme Administrative Court considers that there is no illegality in the privatization procedure because there is no conflict of interests of the two members of the Committee in charge of overseeing the privatization. The court also deems legal the public hearing process as the advertisement prior to it has been sufficiently made in the local presses which have large national coverage both in Thai and in English.

As for the legality of the Royal Decree determining the powers, rights and assets of PTT plc and the Royal Decree transforming PTT as a State enterprise into a public company, the court considers that the gas transmission pipelines system and the land attached to it as well as the right of way are public domain. The PTT as a state enterprise according to the Law of 1978 on the Petroleum Authority of Thailand could possess this public domain as well as state power necessary for its functioning. The PTT as a public company is not entitled to hold this public domain and cannot exercice state power . Consequently the Cabinet must transfer the public domain comprising of the gas transmission pipelines system and the land attached to it as well as the right of way to the Ministry of Finance and must not entitle to PTT plc to exercice state power. In neglecting to do so, article 4 paragraph 2 of the Royal Decree determining the powers, rights and assets of PTT plc is unlawful and should, by way of consequence, affect the legality of the Royal Decree transforming PTT as a State enterprise into a public company. Nontheless the court is of the opinion that annulling the Royal Decree transforming PTT as a State enterprise into a public company would entail a forced delisting of PTT plc from the Stock Exchange of Thailand and would cause a great jeopardy to the financial, social and security state of the country. And as this illegality can be corrected, the Court, therefore, rules that the Cabinet, the Prime minister, the Minister in charge of Energy and PTT plc must do what is necessary to transfer the public domain comprising of the gas transmission pipelines system and the land attached to it as well as the right of way to the Ministry of Finance . The Court also rejects the plaintiffs's request to annul the the Royal Decree determining the powers, rights and assets of PTT plc and the Royal Decree transforming PTT as a State enterprise into a public company.

Secretariat General of the Administrative Courts.

The Nation

VCD decision before poll

PPP sec-gen Surapong says party did not solicit for Thaksin's assistance

December 11, 2007

The Election Commission is expected to decide whether to hold the People Power Party (PPP) accountable for the controversial video CDs before the December 23 election, but PPP secretary-general Surapong Suebwonglee has tried to pin the blame on one of the 111 banned political executives.

"The mastermind behind the distribution of the recorded remarks of former prime minister Thaksin Shinawatra is among the 111 and none of the PPP candidates are involved in the matter," Surapong said yesterday.

He admitted that Thaksin's remarks could be construed as an attempt to sway votes for PPP candidates, a duty reserved for party executives, but he claimed the PPP had no involvement in soliciting Thaksin's assistance.

"If anyone speaking in favour of the PPP is assumed to be doing the job of a party executive, then the PPP has tens of thousands of party executives," he said, dismissing the allegation about Thaksin's domination of PPP.

He also said the party would look into the allegation that three Hong Kong businessmen tried to smuggle Bt60 million in cash into the country. The funds were allegedly destined for the PPP campaigning.

EC member Sumeth Ubanisakorn said the investigation into the distribution of Thaksin's remarks should be completed in three to seven days - well before the casting of votes.

"The EC will have to complete the fact-finding probe before determining charges and the culprits involved," he said.

Sumeth said the facts would show if the PPP was involved. The central issue, he added, was whether the release of Thaksin's remarks was timed to influence the voting outcome and not when the comments were actually made.

PPP leader Samak Sundaravej argued earlier that the comments were recorded before the start of campaigning.

EC secretary-general Suthiphon Thaveechaigarn said the EC would debate two key issues today - whether Thaksin acted as if he was a PPP party executive, which would have violated his five-year ban, and whether PPP was linked to distribution of VCDs.

Democrat Party leader Abhisit Vejjajiva said he wanted to defeat People Power at the polling stations instead of seeing it dissolved because of campaign violations.

"The PPP should abide by the election law in order to allow the people to pass judgement on it," he said.

He said the race had boiled down to a choice between him and PPP leader Samak as the next prime minister. "Voters will have to decide whether they want me or Samak to steer the country's future."

The PPP had become a constant target to be picked on, he said, starting from classified documents showing a plot to undermine it to the VCDs. And he was concerned over what might happen in the 10 days before the ballot.

Junta secretary-general Winai Phattiyakul said he would leave it up to the EC to rule whether Thaksin tampered with the electoral process. "It is clear that Thaksin wants to grab publicity to sway the outcome," he said.

Puea Pandin Party leader Suwit Khunkitti urged judicial proceedings to be fast tracked for cases involving Thaksin in order to put an end to bickering by the former PM's opponents and supporters.

The Nation

Watchdog barks at election officials

The election office in this northeastern province has recommended the transfer of five government officials for political prejudice.

December 9, 2007

"The five are suspected of involvement in the intimidation of political canvassers and other violations of the campaign rules," provincial election-committee chairman Kasem Wattanatham said yesterday.

Their superiors will decide whether to launch disciplinary proceedings or reinstate them after the balloting, he said.

Provincial authorities are investigating eight complaints of vote-buying, he said. Law-enforcement officers are acting on a tip-off about irregular money movements in 20 locations ready to be paid out in exchange for votes.

Candidates and their ground operatives have devised new gimmicks to secure votes, he said. For example, some canvassers will give Bt20,000 to Bt30,000 to a grocer, and the villagers will pick up the pre-paid goods later.

In Chiang Rai, the 17 Northern Provinces Kamnan and Village Headmen Association issued a statement calling on its members to stop canvassing for votes.

Association chairman Inwan Bangngern said candidates were trying to recruit canvassers among public-health volunteers, village volunteers and the elderly to replace kamnan and village headmen.

Election Commissioner Sodsri Satayatham arrived in the province to launch an awareness campaign for absentee voting next weekend.

Commenting on the fierce vote-buying, Sodsri said the EC would tighten its monitoring in the final week of campaigning.

She said she had read the news reports about the intimidation of campaigners for the People Power Party but found that the PPP had made complaints only to attract publicity and had not asked the EC for action.

In Bangkok, EC chairman Apichart Sukhagganond rebuffed suspicions of half-baked efforts to suppress vote-buying, saying his agency was fighting money politics with all means available to it.

The Nation

Buri Ram