Translation:Act on Public Administration in State of Emergency, 2495 BE

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Act on Public Administration in State of Emergency, 2495 BE (1952)
7th House of Representatives of Thailand, translated from Thai by Wikisource

2005

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7th House of Representatives of Thailand5019371Act on Public Administration in State of Emergency, 2495 BE1952Wikisource

Issue 16Volume 69

278
Royal Gazette

11 March 2495

Act
on Public Administration
in State of Emergency,
2495 BE

Bhumibol Adulyadej R
Given on the 8th day of March 2495 BE
Being the 7th year of the present reign

His Majesty King Maha Bhumibol Adulyadej is pleased to give a great royal command that it be announced as follows:

Whereas it is appropriate to designate certain administrative procedures in case of a state of emergency, for the security or safety of the Kingdom, peace and order as well as good morals of the public, and well-being of citizens;

Therefore, by and with the advice and consent of the House of Representatives, He is graciously pleased to enact the following Act:

Section1.This Act is called the Act on Public Administration in State of Emergency, 2495 BE.

Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.

Section3.In this Act—

“state of emergency” means a situation which may endanger the security or safety of the Kingdom or may subject the Country to a crisis or a state of armed conflict or war as to be announced;

“security or safety of the Kingdom” means the condition in which the independence of the Nation or well-being of of the public is secure and safe, as well as the condition in which the Country remains administered democratically under the Constitution of the Kingdom of Thailand;

“dwelling place” means a structure and its adjacent land, whether or not fenced, as well as a vessel or floating house, which a single person or group of persons uses as a place for residing, eating, resting, and sleeping;

“competent officer” means an officer who has been appointed by the Minister to execute this Act;

“Minister” means the Minister who is in charge of the implementation of this Act.

Section4.The provisions of this Act shall only be applicable upon announcement of a state of emergency.

Such state of emergency may be announced throughout the Kingdom or only in certain localities, depending upon the necessity of the circumstances.

Once the state of emergency has come to an end, repeal of the announcement thereof shall be announced.

Section5.The Minister has the power to announce prohibiting any persons from leaving their dwelling places during the designated time period, save where they have obtained permission from a competent officer.

The provisions of the previous paragraph shall not apply to the regular military or police officers or the persons enjoying exemption as may be announced.

Section6.Competent officers have the power to enter dwelling places or any places during the interval from sunset to sunrise in order to conduct a search when certain persons are reasonably suspected of contravening the provisions of this Act.

Section7.Any person who is reasonably suspected of having committed or attempting to commit any act which endangers the security or safety of the Kingdom may have himself arrested and held by a competent officer for the purpose of inquiry for a period of not over seven days.

Section8.The Minister has the power to announce prohibiting assemblies or gatherings at any places, save where permission has been obtained from a competent officer.

Section9.The Minister has the power to announce prohibiting any persons from publishing or printing any documents when he finds that the contents to be published or printed affect the security or safety of the Kingdom or disrupt peace and order of the public.

Section10.The Minister has the power to announce prohibiting any persons from leaving the Kingdom when their leaving of the Kingdom is reasonably believed to affect the security and safety of the Kingdom.

Section11.Should circumstances allow a reasonable suspicion that any person has conspired with a person in a foreign country to commit any acts detrimental to the Country, the Minister shall have the power to order examination of any letters or correspondences of such person.

Section12.The Minister shall have the power to announce prohibiting aliens from entering or staying in the areas or localities which are important for maintenance of the security or safety of the Kingdom or are strategic points.

Section13.When any alien commits any act which may endanger the security or safety of the Kingdom, the Minister has the power to order him to leave the Kingdom.

When the Minister has ordered any alien to leave the Kingdom, the provisions regarding deportation shall apply mutatis mutandis.

Section14.The Minister has the power to announce prohibiting aliens from carrying out any business, for the sake of maintenance of the security or safety of the Kingdom or well-being of the public.

Section15.Any person who contravenes an announcement given by the Minister in accordance with section 5 thereby commits an offence, for which he shall be punished with imprisonment of not over one year, or a fine of not over one thousand baht, or both the imprisonment and the fine.

Section16.Any person who contravenes an announcement issued by the Minister in accordance with section 8 or 9 thereby commits an offence, for which he shall be punished with imprisonment of not over five years, or a fine of not over five thousand baht, or both the imprisonment and the fine.

Section17.Any person who contravenes an order given by the Minister in accordance with section 10 thereby commits an offence, for which he shall be punished with imprisonment of not over ten years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.

Section18.Any alien who contravenes an announcement given by the Minister in accordance with section 12 or 14 shall be deported out of the Kingdom.

Section19.Any person who illegally stores firearms, ammunition, or explosives shall be inflicted with twice the punishment provided by the law thereon.

If the offender under this section is an alien, he shall be deported out of the Kingdom upon discharge from the punishment.

Section20.All the announcements issued in accordance with this Act shall be published in the Royal Gazette.

Section21.The Prime Minister and the Minister of Interior shall secure the implementation of this Act and shall have the power to appoint competent officers, issue announcements and orders, and designate other matters for the execution of this Act.

Countersignature
Field Marshal P Phibunsongkram
Prime Minister

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

For any other work that was created or commissioned by the Thai Government, it is in the public domain if at least 50 years have elapsed since its first publication or it was not published within 50 years of authorship.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse