Page:กม ร ๕ - ๒๔๕๐.pdf/139

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Page 130
Year 126

Whereas He is scheduled to promulgate new Acts in place of various laws and ordinances in force in the Kingdom at this present time for the purpose of administering the military justice, and, in those new Acts, there are also special parts dealing with army courts during the operation of martial law, it is therefore appropriate for Him to enact martial law before these new Acts come into force. Thus, with His gracious pleasure, He orders the following Act to be enacted:

Section1.This Act shall be called the "Martial Law, 126 RE".

Section2.Whenever the necessity to maintain order and safety arises, whether from outside or inside the Kingdom, there will be announced a royal command putting the martial law into operation in any parts of the Kingdom.[1]

Section3.In such an announcement, there must be shown which circles, communes, or arrondissements the martial law shall be put into operation for.[2]

Section4.When there occurs a war or riot in any place, the military commander of that place who is in charge of not less than a battalion, or the commander of a military base, has the power to announce putting the martial law into operation in the jurisdiction of his military force, but with dispatch must a report be made to the Government for its knowledge.[3]

Section5.When the martial law is to be lifted in any place, this must be governed by a royal command to be announced.

  1. Compare this with article 1 of the French Second Republic's Law of 9 August 1849 on State of Siege (Légifrance, 2004): "A state of siege can only be declared in the event of an imminent peril against internal or external security."
  2. Compare this with article 2, paragraph 2, of the French Second Republic's Law of 9 August 1849 on State of Siege (Légifrance, 2004): "The declaration of a state of siege designates the communes, arrondissements, or departments to which it applies and may be extended."
  3. Compare this with article 5 of the French Second Republic's Law of 9 August 1849 on State of Siege (Légifrance, 2004): "In places of war and military posts, either on the frontier on in the interior, a declaration of a state of siege may be made by the military commander, in the cases provided by the law of 10 July 1791 and by the decree of 24 December 1811. The commander immediately reports it to the Government."