Page:พรบ แก้ไขเพิ่มเติม ธศย (๕) ๒๕๕๘.pdf/4

---

Note: The grounds for promulgation of this Act are as follows: Whereas a Court of Appeal for Specialised Cases has been established and designated as a court of second instance empowered to try and adjudicate upon cases in which appeals are made against judgments or orders of specialised courts, it is appropriate to set a definition for the term "court of second instance" in line with the establishment of the said court. Moreover, it is appropriate to empower the Courts of Justice Judicial Administration Commission to issue announcements for the opening of branches of courts of first instance and to designate and change the locations of courts also, for the purpose of providing convenience to people in remote areas who are involved in or interested by legal cases. In addition, in the event that a case subject to the power of a municipal court is instituted before the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court, the said court should be allowed to exercise discretion as to whether it should continue to try and adjudicate the case so accepted or should transfer the case to a competent court. But if such court has already issued an order accepting the case and, at the time of its institution, the case is subject to the power of a municipal court, or if a case is subject to the power of the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court, and a subsequent change in the circumstances causes the case to become subject to the power of a municipal court, the court should be allowed to continue the trial and adjudication of the case, which would promote the efficacious administration of cases of the courts of justice for the sake of the correct, expeditious, and fair trial and adjudication of cases. It is therefore necessary to enact this Act.