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Act Establishing Southern Bangkok Civil Court and Southern Bangkok Criminal Court, BE 2532 (1989)

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Seal of the Royal Command of Thailand


Act


Establishing Southern Bangkok Civil Court and


Southern Bangkok Criminal Court,


BE 2532 (1989)




Bhumibol Adulyadej, R.


Given under our Hand this 4th Day of August, BE 2535 (1989);


Being the 44th Year of our Reign.



His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to establish a Southern Bangkok Civil Court and a Southern Bangkok Criminal Court;

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the National Assembly, as follows:



§ 1

This Act shall be cited as the “Act Establishing Southern Bangkok Civil Court and Southern Bangkok Criminal Court, BE 2532 (1989).”


§ 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.[1]


§ 3

There shall be established:

(1)   In Bangkok, a civil court called “Southern Bangkok Civil Court”;

(2)   In Bangkok, a criminal court called “Southern Bangkok Criminal Court”.

The seats and the commencement of operation of the Southern Bangkok Civil Court and the Southern Bangkok Criminal Court shall be determined by the royal decrees.


§ 4

Khet Bang Kho Laem, Khet Bang Rak, Khet Yannawa and Khet Sathon of Bangkok shall become the districts of the Southern Bangkok Civil Court and the Southern Bangkok Criminal Court.[2]

Pending the royal decrees determining the commencement of operation of the Southern Bangkok Civil Court and the Southern Bangkok Criminal Court pursuant to section 3, the Civil Court and the Criminal Court shall be competent to exercise their jurisdiction over the districts of both court, as the case may be.


§ 5

All cases coming to pass in Khet Bang Rak, Khet Pathum Wan, Khet Pom Prap Sattru Phai, Khet Phra Khanong, Khet Yannawa and Khet Samphanthawong of Bangkok which are pending before the Civil Court or Criminal Court on the date of the commencement of operation of the Southern Bangkok Civil Court and the Southern Bangkok Criminal Court shall continue to be settled by the Civil Court or Criminal Court, whichever applies.


§ 6

The Minister of Justice shall be in charge of this Act.



Countersigned by:
General Chatchai Chunhawan,
Prime Minister.



Statement of Grounds

The grounds for promulgation of this Act are as follows: The number of the Bangkok inhabitants increases time by time, so does the number of the cases brought before the Civil Court and the Criminal Court. Although the Thon Buri Civil Court and the Thon Buri Criminal Court have been established to relieve the missions of the the Civil Court and the Criminal Court, the number of the courts does not match that of the cases. Furthermore, as the communications in Bangkok are inconvenient, the citizens involving in the legal disputes and the persons concerned have been forced to face with certain difficult and dilatory contact with the courts. It is expedient to establish a Southern Bangkok Civil Court and a Southern Bangkok Criminal Court to deal with the cases occurring in Khet Bang Rak, Khet Pathum Wan, Khet Pom Prap Sattru Phai, Khet Phra Khanong, Khet Yannawa and Khet Samphanthawong of Bangkok. Also, section 170 of the Constitution of the Kingdom of Thailand prescribes that all courts may only be established by the Acts. It is therefore necessary to enact this Act.



Note on Amendments[edit]

Act Modifying Districts of Southern Bangkok Civil Court, Southern Bangkok Criminal Court and Thon Buri Criminal Court, BE 2549 (2006)[3]


§ 4

All cases coming to pass in Khet Khlong Toei, Khet Bang Na, Khet Pathum Wan, Khet Prawet, Khet Pom Prap Sattru Phai, Khet Watthana, Khet Phra Khanong, Khet Samphanthawong and Khet Suan Luang which are pending before the Southern Bangkok Civil Court and the Southern Bangkok Criminal Court on the date of coming into force of this Act shall continue to be settled by the Southern Bangkok Civil Court or Southern Bangkok Criminal Court, as the case may be.

All cases coming to pass in the districts set forth in paragraph 1, in respect of which the accused are being detained by the Southern Bangkok Criminal Court pending inquiries on the date of coming into force of this Act, shall continue to be settled by the Southern Bangkok Criminal Court.


Statement of Grounds

The grounds for promulgation of this Act are as follows: Since the Dusit Municipal Court, the Taling Chan Municipal Court, the Pathum Wan Municipal Court and the Phra Khanong Municipal Court have been elevated to the Provincial Courts, the districts of the Southern Bangkok Civil Court and the Southern Bangkok Criminal Court have also been modified to be subject to the territorial jurisdiction of the Dusit Provincial Court, the Pathum Wan Provincial Court and the Phra Khanong Provincial Court, whilst those of the Thon Buri Civil Court and the Thon Buri Criminal Court are to be subject to the Taling Chan Provincial Court. It is expedient to modify the districts of the Southern Bangkok Civil Court, the Southern Bangkok Criminal Court, the Thon Buri Civil Court and the Thon Buri Criminal Court in accordance with the said change. It is therefore necessary to enact this Act.



Footnotes[edit]

  1. Published in the Government Gazette: volume 106/part 127/special issue/page 5/August 11, 1989.
  2. § 4, ¶ 1, was amended by the Act Modifying Districts of Southern Bangkok Civil Court, Southern Bangkok Criminal Court and Thon Buri Criminal Court, BE 2549 (2006).
  3. Published in the Government Gazette: volume 123/part 5 A/page 1/January 20, 2006.