Thailand's Charter Court asks for more information on PM's term case
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The Constitutional Court is scheduled to meet again on September 14th, to discuss the 8-year term in office of suspended Prime Minister Prayut Chan-o-cha, after it instructed the secretary-general of the House of Representatives to submit additional information by the end of next Tuesday.
According to a press release from the Office of the Constitutional Court, they are seeking the meeting minutes and report of the 501st meeting of the Constitution Drafting Committee, dated September 11th, 2018, from the secretary-general of the House.
The agenda of the meeting on September 11th, 2018 includes an item on the approval of the minutes of the previous meeting of the committee, said the press release.
The nine Constitutional Court justices met today (Thursday) to discuss term in office matter, but the outcome was inconclusive, with the justices requiring more information.
The secretary-general of the Constitutional Court has said previously that there is no set timeline indicating when the court will issue its ruling.
A 300 baht tourist tax now is akin to shooting yourself in the foot.
The decision of the Thai government to introduce a 300 baht (US$8) entry tax on foreign tourists from early next year is proving increasingly contentious. The main political opposition party Pheu Thai has already condemned the notion as pointless and unworkable. According to a report in the Bangkok Post, Air Asia X has now criticized the tax as unnecessary as the key to future tourism is a growing number of arrivals rather than financial penalties for choosing Thailand as a holiday destination.
One of the many imponderables about the proposed tax is how it will be collected. Airlines could include the extra 300 baht in tickets, but the tax does not apply to Thai nationals or to foreigners, such as work permit holders, who pay into the country's social security system. Diplomats are also believed to be exempt. Several European airlines voiced these practical concerns when asked to participate in a pilot earlier in the year.
It is also unclear how the cash would be collected at Thai land borders where lengthy queues are already common, even without the grim prospect of tax collection in many currencies either in cash or via credit cards. Thai authorities have justified the tax as necessary to provide medical insurance for tourists, but no details have been forthcoming. Most of the cash, it was later revealed, would be spent on repairing tourist infrastructure.
Revenue from tourism contributes around 17 percent of Thailand's GDP. Outside of government circles, the consensus now is to encourage more international visitors in an era when neighboring countries are pulling out all the stops to expand their own attractions to foreign arrivals. The Manchester-based Exotic Travel described the 300 baht idea as "shooting yourself in the foot".
Not only is Thailand planning on increasing existing tax on all types of alcohol, but it also plans on applying alcohol tax to non-alcoholic beer, according to Director-General of the Revenue Department Ekniti Nitithanprapas.
Ekniti said that the department will increase tax on all types of alcohol, in the fiscal year 2023, to help combat alcoholism among Thailand's youth. More and more young Thais are drinking heavily, so the price hike aims to reduce alcohol consumption and improve the overall health of the public, he said.
The sincerity of Ekniti's concern for the public's health is questionable at best because he also said that the department will start taxing beer containing 0% alcohol. He said that the younger generation is showing more interest in non-alcoholic beer, so it should be taxed.
Surely, non-alcoholic beer should remain tax-free if the goal is to reduce alcohol consumption among young Thais?
Ekniti also said tax on e-cigarettes would be increased, according to KhaoSod. Seeing as E-cigarettes are illegal in Thailand, it is unclear how the tax will be applied, or is already being applied to 'vapes.' Unless Thailand is planning to legalise vaping anytime soon.
Just last week, the government reconfirmedtheir firm stance on the E-cigarette ban. Pro-marijuana Health Minister Anutin Charnvirakul said that vaping poses a major health risk, especially to young people, who account for more than half of all e-cigarette users.
Gen Prayut Chan-o-cha, as the defence minister, visits the Impact convention and exhibition complex in Nonthaburi province on Aug 29 to open the Defense and Security 2022 fair. (Photo: Pattarapong Chatpattarasill)
The possibility that Gen Prayut Chan-o-cha will remain as prime minister until 2025 was under discussion on Tuesday, after a document believed to be from Meechai Ruchuphan, former chairman of the Constitution Drafting Committee (CDC), indicated that Gen Prayut's eight-year tenure as prime minister began in 2017.
According to the written statement released on social media, Gen Prayut's tenure started on April 6, 2017, the day the current constitution took effect. Therefore, Gen Prayut's prime ministerial status before that date would not apply.
However, media reports noted that Mr Meechai's previously released documents on the prime minister's tenure was incomplete and not verified.
Mr Meechai is among the three people whose statements were needed by the charter court in the process of its ruling on Gen Prayut's tenure in office. Others are Gen Prayut and former CDC secretary Pakorn Nilprapunt.
The court was expected to consider the issue this Thursday.
Gen Prayut is now working in his concurrent capacity as the defence minister, with Deputy Prime Minister Prawit Wongsuwon serving as the acting prime minister pending the court's ruling.
Mr Meechai was unavailable for any confirmation of the media reports on Tuesday.
Maj Gen Veera Rojanavas, one of the advisers to the prime minister, said on Tuesday that he did not expect the Constitutional Court to quickly reach its ruling this Thursday.
Deputy Prime Minister and Public Health Minister Anutin Charnvirakul said Gen Prayut's issue would not pose any problem, and the government would complete its normal term on March 22 next year.
A Super Poll research centre survey has revealed that the majority of Thai people trust the judicial administration of Thailand and are willing to give a chance to caretaker Prime Minister Prawit Wongsuwan to serve as the kingdom's next PM.
Super Poll research centre director Noppadon Kannika yesterday announced the result of the survey titled Trust the Court, the Peaceful Country, which polled 1,156 participants between August 31 and September 3.
The research result was divided into three parts: people's opinions toward Thai politics after the Constitutional Court agreed to consider Prayut Chan-o-cha's PM term limits, people's opinions toward Thai laws, courts, and judicial administration, and opinions on giving the acting prime minister a chance to become the PM on a full time basis.
In the first section, 90.9% of respondents don't want to see any more big protests because they affect the image of the country, investment, tourism, economy, society, and the upcoming APEC meeting.
Some 89.7% said they are bored with Thai politics because of the jostle for benefits, 88.4% want politicians to stop interfering with Thai judicial administration, 87.9% are worried about the cost of living that is affected by political conflict, and 87.3% don't want a coup, saying it's a vicious circle and ruins the country's image on the international stage.
In the second section, regarding opinions toward Thai laws, courts, and judicial administration, 89% said they trusted the Thai judicial administration.
In the last section, about the acting prime minister becoming the next PM, 62.8% agree that caretaker PM Prawit should be the next PM. Those polled believe Prawit can create political and economic stability in Thailand.
Only 14.7% of the respondents don't want Prawit as PM while 22.5% don't have any opinions on the topic.
Last year, the Super Poll research centre was questioned about the transparency and accuracy of its results after a survey concluded that Prawit Wongsuwan was the man of the year.
In that poll, people were positive toward government politicians and negative against opposition parties.
Charter Court to hold special meeting Thursday to consider Prayut's 8-year term
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Thailand's Constitutional Court has scheduled a special meeting of the judges this Thursday, to discuss suspended Prime Minister Prayut Chan-o-cha's eight-year term in the office.
A well-informed source close to the court said that president of the court, Worawit Kangsasitiam, had notified all the judges of the meeting, called to consider the written explanations about the case received from Prayut, former chairman of the constitution drafting committee Meechai Ruchupan and Pakorn Nilprapunt, secretary of the committee.
The source said that the judges will assess whether the written statements are sufficient to enable the charter court rule on Prayut's term in office or whether more evidence or witness accounts would be required.
Suspended Prime Minister Prayut, currently defence minister, submitted his 30-page explanation, prepared by a legal team atthe Prime Minister's Office, to the charter court last Thursday.
In the statement, Prayut contends that his eight years in office should not be counted from August 24th, 2014, when he assumed the premiership after the coup in May of that yearwhich toppled the then caretaker government of Prime Minister Yingluck Shinawatra.
On August 24th this year, the Constitutional Court suspended Prime Minister Prayut from active duty, after it had accepted a petition from the opposition Pheu Thai Party positing that his 8-year term in office was due to expire on August 24th, 2022.
A Singapore Airlines plane is refuelled on the tarmac at Changi Airport in Singapore in July this year. (ExxonMobil Asia Pacific/Handout Photo via Reuters)
Travellers alarmed at sky-high airfares for the year-end holidays can add soaring fuel prices, spurred in part by Russia's weaponisation of its energy resources, to the list of factors to blame.
The price of jet fuel — which typically accounts for around a quarter of an airline's total operating costs — is on a tear. The jump this year is more than double the gains in crude oil, reflecting both pent-up demand for air travel as well as dislocations in energy markets due to the war in Ukraine and the Covid-19 pandemic.
Russia's strategy of curbing supplies of natural gas to Europe has sparked a full-blown power crisis and spurred a rush for alternatives such as diesel that can be used for heating, industry and electricity generation. That is creating a shortage of jet fuel — which is made from the same type of oil as diesel — just as demand soars.
Airlines have been struggling to cope with what has been described as "revenge travel" after a prolonged period of lockdowns and closed borders. A shortage of staff has led to flight cancellations, huge check-in lines and eye-wateringly high ticket prices. Global seat capacity — the number of seats offered by airlines — is currently 14% below 2019 levels, according to OAG, an aviation analytics firm.
"Airfares to Europe and the Americas from Asia have at least doubled from pre-pandemic levels on the back of limited capacity, as well as the jump in jet fuel prices," said Mayur Patel, head of Asia at OAG.
Prices aren't likely to get back to 2019 levels until at least early 2023, as it will take a while for "the frenzied travel demand that has built up in recent years" to taper off, he said.
The surge in aviation fuel is most pronounced in Europe, where the energy crisis is most acute. Prices there are up about 56% this year, with Asia and the US not far behind. By comparison, global oil benchmark Brent crude has risen around 21%.
Fitch Solutions raised its forecast for global jet fuel prices last month, and now expects them to average $141 a barrel this year. That compares with Brent crude, which is currently trading near $94 a barrel. Strong demand for diesel will continue to depress output of aviation fuel, Fitch said in a recent report.
Refineries process crude into petroleum products through a distillation process. Fuels such as diesel, kerosene and jet fuel — known as middle-distillates — are derived from the same portion of the distilled oil. So when demand for one of those products is particularly high, output of the others can suffer.
Firmer year-end travel demand and increased consumption of kerosene for heating will boost jet fuel prices further, said Daphne Ho, a senior analyst at the energy industry consultancy Wood Mackenzie. Aviation fuel will continue to trade at a premium to diesel in the fourth quarter, she said.
Stockpiles of diesel are already critically low at a time they typically build up ahead of peak demand during the Northern Hemisphere winter. That will in turn cause even more scarcity for jet fuel, which means only one thing for airfares.
"We expect surging demand for holiday travel and higher fuel prices to drive airfares up in November and December," said Hayley Berg, lead economist at the US travel booking app Hopper. Ticket prices could be around 20% higher than 2019 levels, she said.
Bad and disobedient drivers better get it out of their systems quickly over the weekend! On Monday, increased fines for traffic offences – some rather steep – will go into effect in Thailand after the Land Traffic Act is updated. Yesterday, the Director of the Traffic Management Center and Deputy National Police Chief laid out a list of hefty new fines for driving violations. The days of a quick 200 baht on the side of the road for driving without a helmet may be gone.
The new amendments to the traffic laws include fines increasing up to four-fold for infractions such as eschewing helmets and seatbelts, speeding and blowing through crosswalks and red lights, drag racing on the street, souping up motorbikes, reckless driving, and drink driving, with penalties for driving under the influence repeatedly increasing to up to six-figure fines and multiple years in jail.
The following penalty increases for traffic violations are outlined below:
TRAFFIC VIOLATION
PREVIOUS PENALTY
NEW PENALTY
Reckless driving without regard for others' lives
2,000 to 10,000 baht fine; up to three months in jail
5,000 to 20,000 baht fine; up to one year in jail
Drink driving with a blood alcohol content (BAC) of 0.05 or more
5,000 to 20,000 baht fine; up to one year in jail
5,000 to 20,000 baht fine; up to one year in jail
Drink driving (second offence within two years)
5,000 to 20,000 baht fine; up to one year in jail
50,000 to 100,000 baht fine; up to two years in jail
The national carrier reported to the Stock Exchange of Thailand on Thursday that creditors who hold 78.59 per cent of the total debt had accepted its plan in a meeting conducted online by the Official Receiver. The plan had been submitted to them on July 1.
The result will next be reviewed by the Central Bankruptcy Court in a hearing on September 14, THAI said.
Thanking the creditors for their confidence in the plan, THAI said this will help the airline lay its foundation for sustainable growth and profit-making abilities in the future.
Under the revised plan, THAI aims to borrow 12.5 billion baht over six years and another 12.5 billion baht in the shorter term, the airline's chief of finance Chai Iamsiri said.
Previously, THAI expected to face a cash deficit of 50 billion baht and planned to match that by borrowing 25 billion baht from state agencies and the remainder from private institutions.
Chai said the airline had discussed the revised plan with stockholders and the Finance Ministry supported it.
He added that there were two ways of finding funds, one was seeking additional funding via debt-to-equity deals with current creditors or getting funds from stockholders and new investors, while the second was to find new lenders.
He said that if the airline manages to get enough funding from existing sources, it will not need to seek new ones.
Thanks to the recovery of the aviation industry and high booking rates, THAI said it is confident this rehabilitation plan will be successful and achieved within the deadline.
A project to make aviation fuel from used cooking oil in Thailand is receiving a 10 billion baht investment, according to petroleum company Bangchak Corporation Plc (BCP). If all goes to plan, the product could be available to buy as soon as Q4, 2024.
Yesterday, officials from three companies – BCP, BBGI Plc and Thanachok Oil Light Co – signed the paperwork to make their dream of sustainable aviation fuel (SAF) a reality. BCP will hold a 51% stake in the venture, Thanachok Oil Light will hold 29% and BBGI will hold 20%.
For the venture to be successful, it will need used cooking oil from the people of Thailand. The public will be invited to bring their used cooking oil to 2,000 locations nationwide, where they can either sell it to Bangchak or exchange it for more oil.
Used cooking oil will also be collected from Thailand's food industry, including from the numerous fast food restaurants in the kingdom. The food industry produces around 17 million litres of used cooking oil every month, enough to produce 1,000 litres of bio-jet fuel per day.
The project, the first of its kind in Thailand, will receive an initial investment between eight and ten billion baht, said Chief Executive Officer and President of BCP Chaiwat Kovavisarat.
Chaiwat said the BCP is working with companies in Italy to develop the technology to convert used cooking oil into jet fuel. Chaiwat said Bangchak already has a head start…
"For this project, BCP has the advantage of hydrogen, which is a substance obtained during the distillation process. Hydrogen can be used to purify used vegetable oil and turn it into "Biojet" fuel. It makes the project more economical because we aren't starting from scratch."
Chaiwat said the global demand for sustainable aviation fuel is increasing…
"If any airline does not use biojet oil, they will have to buy 'carbon credits', which cost 3,000 times more. The EU will accelerate the use of biojet fuel by increasing the carbon tax from 80-100 euros per tonne up to 200 euros per tonne. By 2030, the demand will have increased significantly."
In April, an Airbus A380 flew for three hours with one engine powered entirely by sustainable aviation fuel made from used cooking oil and other fats.
The Ministry of Transport plans to increase taxi fares in Thailand for the first time in eight years but insists drivers must improve their service and can't refuse to serve passengers no matter where they want to go.
Today, the Deputy Secretary of the Ministry of Transport, Sorapong Paithunpong, revealed that the taxi drivers lobbied the government to adjust taxi fares to meet the current economic situation. Drivers urged the government to increase the fare rate alongside fuel prices.
Sorapong explained that the ministry had set up a committee to study and consider a suitable fare in relation to the recent cost of living increases. The committee included officers from the Transport Ministry, Department of Land Transport, Thailand Development Research Institution (TDRI), and Office of the Consumer Protection Board.
According to TDRI, the number of taxi drivers decreased in Thailand from 80,000 cars per day to 60,000 cars per day. The income of taxi drivers also fell, while the cost of living increased by 7% during the past 8 years from 2014 to 2022.
Sorapong said…
"The committee is now considering a suitable fare rate that meets the needs of taxi drivers, passengers, and other relevant departments. We insisted on avoiding the impact on the passengers while also providing justice to all parties. The service quality will need to improve too."
The Director of the Land Transport Department, Jirut Wisarnjit, emphasised that taxi drivers had to follow these conditions if they wanted the fare to be increased. Sorapong said taxi drivers had to improve their service and couldn't refuse to serve customers.
Moreover, the Land Transport Department will introduce a points deduction system to control the quality of service.
Dr Seri Suprathit, director of Rangsit University's Climate Change and Disaster Centre, also urged the government to start preparing now or rising seas would swamp the capital in a mere 20 years.
Seri said Bangkok could be hit with 1,200mm rainfall during September, October and November.
He reiterated his centre's forecast that the country could be hit by 23 storms this year. Eight storms have passed but 15 more are to come.
Seri's apocalyptic view of possible storms earlier prompted the government to issue a "fake news warning" and urge the public to monitor and believe information only from the Meteorological Department.
Seri warned that the heaviest rainfall would be similar to heavy downpours in Seoul recently that caused massive flooding there. The Seoul situation was dubbed "80-year-level" rains.
"The chance is high that the situation here will be similar to the massive floods in 2011 because the amount of rainfall would be similar," Seri claimed.
"In 2011, the floodwaters came very fast from upstream and by water released from dams. But this year, the floods would be caused by rainfall and by the fact that the storm belt would move down to the central region, causing all rice fields to be flooded and spilling over to economic areas," he warned.
Seri forecast the heavy rains that could last for days would fall between September and November.
He said his centre would be able to predict coming storms about ten days in advance and the amount of rainfall.
He expressed concern whether farmers in the Chao Phraya basin, whose rice fields would become flood retention areas, would be able to harvest their rice within 15 days on being alerted that storms were coming.
Seri also called on the government to make models of possible weather scenarios to warn people in advance so that they would cooperate in mitigation measures.
Seri said Bangkok and suburban areas are at risk of being inundated and the capital might have to be moved out if nothing was done to avert a disaster.
He explained three major factors for likely flooding in greater Bangkok:
- Rainfall. Fifteen more storms would possibly hit Thailand and might unleash more than 1,200mm rainfall or the so-called "100-year rains".
- Runoffs and overflowing rivers, which would be caused by heavy rains in upper Thailand. Seri said the heaviest rainfalls there would happen in October.
- Rising sea water. Seri is "very worried" as it could be permanent.
"Rainfall and runoffs occur in the rainy season, but the phenomenon of permanent high sea levels is very worrying. Foreign research ranks Bangkok seventh highest at risk of flooding caused by constantly rising seas," the director pointed out.
He noted that earlier studies by the Intergovernmental Panel on Climate Change, Japan and Nasa found that Bangkok's seashores would be under water because of a sea rise.
"Together with high amounts of rain and runoffs, Bangkok would be sandwiched with flood troubles and it would unavoidably go under water," he warned.
Seri said it required urgent measures from the national government to avert the effect of a sea rise as the Bangkok governor would not have enough power to carry out such megaprojects.
The climate-change expert said it would require the building of a comprehensive network of seashore embankments, similar to those constructed in South Korea, to prevent flooding from rising sea levels. He noted that embankments to prevent inundation at Changi took 30 years to complete.
Moreover, he said, the entire drainage system of Bangkok would have to be overhauled as the current one could no longer handle the flood situation.
Seri said comprehensive seashore embankments would prevent flooding in Bangkok, Samut Prakan, Samut Sakhon, Samut Songkhram and Chachoengsao.
However, the megaprojects would affect the way of life of local people like fishermen.
Seri was the one who came out to warn about massive flooding in Bangkok in 2011. At that time, his centre used scales of numbers of whales to illustrate the amount of massive floodwaters that would flow down to Bangkok because the Yingluck government miscalculated the water amount and had to release huge volumes of water from reservoirs after a series of big storms. His warning was dismissed by the government at that time.
