News: Anti-mine villagers loses in lawsuit against mining company, Industry Minister

The Central Administrative Court has dismissed a lawsuit filed against a gold mine company and Industry Minister by anti-mine villagers, saying villagers’ claims about the environmental effects of the mine are not credible. On 28 December 2016, the Central Administrative Court in Bangkok dismissed a lawsuit filed against the Minister of Industry, the Director-General of the Department of Primary Industries and Mines, and Tungkum Company, a gold mine operator in Loei. Sarawut Promsopha and 588 people most of whom are villagers from Wang Saphung District of the northeastern province of Loei are the plaintiff on the case. The villagers accused the state officials for malfeasance in office for overlooking the environmental and health impacts believed to be resulted from the mining operations of Tungkum Company in the district. The court, however, dismissed the lawsuit, citing the research finding of Chulalongkorn University. The research concluded that the excessive level of heavy metal contamination, such as cyanide on land and creeks of the district is naturally found in area with iron ore deposit and does not cause by the mining operations as the villagers alleged. The research added that the level of heavy metal contamination tended to increase in mid May and decrease in February, which shown that it increases during the raining season when the rain washes away the soil in the area and flows into local creeks, confirming that the contamination does not cause by the gold mine. Wang Saphung villagers who travelled to the court to hear to ruling were disappointed by the verdict. Pornthip Hongchai, members of Khon Rak Ban Koed (KRBK), translated as ‘People Who Love Their Home’ a local anti-mine activist group, said “It’s a nightmare, when [they] cited the research finding, our voices become meaningless” Tension between Wang Saphung villagers and Tungkum Company reached its peak in September 2013 when the villagers barricaded the mine entrance, blocking trucks, each of which normally carries 15 tons of cyanide waste, from passing through their villages. Although the sound of the machines disappeared and the sound of chirping birds returned, the villagers had to live in fear of judicial harassment, thugs, gunmen and death threats. Currently, Tungkum has halted mining operations since mid-2013. However, the company is currently trying to get permission from the authorities to renew the mining concession in Wang Saphung District. Source: http://prachatai.org/

News: Baby boom after China ends one-child rule

BEIJING - As soon as China abandoned its one-child policy a year ago, Zheng Xiaoyu and her husband started trying for a sibling for their nine-year-old son.

Nurses massage babies at an infant care centre in Yongquan, in Chongqing municipality, in southwest China

Their efforts bore fruit with another boy -- one of a million extra births this year.

"The traditional Chinese thinking is that more children bring more blessings," Zheng said, recovering from the birth at a luxury convalescent home in Beijing.

For years the couple dreamed of a second child to keep them company in their twilight years.

"Neither me nor my husband is the only child in our families. We grew up in the company of our siblings," she said.

"Before the change, we questioned why we couldn’t have a second child, why they had to limit everyone’s desire to have children."

Since the late 1970s, strict measures in the world’s most populous country restricted most couples to only a single child, with fines for violators and even forced abortions.

Zheng and her husband were employees of state-owned enterprises and faced losing their jobs if they violated the ban.

Officials say it was a key contributor to China's economic boom.

But concerns over an ageing population, gender imbalances and a shrinking workforce pushed authorities to end the restriction and allow all couples a second child from January 1.

Now China is undergoing a minor baby boom, with almost one million more newborns expected this year, National Health and Family Planning Commission deputy director Wang Pei'an said according to official media reports.

More than 17.5 million births were expected in 2016, he told a conference in November -- which would reverse a decline last year and be the highest figure since 2000.

But while the end of the one-child policy swayed Zheng and her husband, it is unclear how much it contributed to this year's baby boom.

Previous statistics show the increase was concentrated in the first half of the year, before the new policy could have an effect. And 2016 is the lunar year of the monkey -- considered a particularly auspicious zodiac sign to be born under.

- Bed of jade -

In pyjamas and slippers, Zheng was recovering at the gated Xiyuege Centre, or “Lucky Month Home”, in Beijing, where Porsche and Lexus cars line the parking lot.

It is a modern take on the 2,000-year-old practice of postpartum confinement or“zuoyezi” -- literally “sitting the month” -- in which new mothers stay in bed, keep warm and avoid certain foods.

Traditionally they do not exercise, expose themselves to draughts of any kind, or bathe.

There is no evidence for traditional claims that the practice will prevent diseases such as arthritis later in life.

But the 75-room Xiyuege Centre offers what nurses, managers and promotional materials all describe as “scientific” accompaniments to confinement: spa facilities where women can lie on a heated bed of jade, consume six specially calibrated meals a day to boost breast milk production while shedding pounds, and enjoy round-the-clock specialist care.

Such institutions in recent years have turned the custom into a lucrative industry, now set to boom even further.

There were more than 760 such centres across the country generating revenues of approximately 4.2 billion yuan ($605 million) two years ago, according to website China Industry Information. It projected that sector turnover would more than double to 11 billion yuan by 2019.

The Xiyuege Centre has seen clients recovering from their second pregnancies more than double this year, estimated Zheng Hui, the nurse managing infant care for VIP mothers, who pay more than $1,000 a day for their stays.

The oldest woman she had cared for was a 44-year-old, whose first child was already an undergraduate at college.

“It’s very clear that this year demand has gone up drastically. Customers are booking further and further in advance,” said Hou Yanran, marketing manager of Xiyuege which plans to open a third branch in the capital.

Women were calling to reserve spots a mere month into their pregnancies, she said.

- 'Very hesitant' –

The long-term impact of the new family planning rules remains unclear.

Officials predicted a surge in births after a 2013 change that allowed couples a second child as long as one parent was without siblings. But it did not materialise.

The Global Times newspaper this month cited family planning policy expert Yuan Xin as attributing the current uptick to the 2013 relaxation, with an increase from the two-child policy only coming in the next few years.

But around 53 percent of one-child families have no desire for a second, according to a survey of 10,000 families with kids under 15 by the All-China Women’s Federation.

Zheng is 38 and said many of her friends had been extremely curious about her pregnancy, asking endless questions to decide if it was worth the risk of having another child at their age.

"Due to financial reasons, most people don’t want to have a lot of kids anyway," she said.

“They’re all very hesitant. From the perspective of an ordinary citizen, I think it would have been better to end this policy earlier."

Source: http://www.bangkokpost.com/

News: KIWI MAN DIES IN PHUKET HOTEL FALL

PHUKET — A tourist from New Zealand plunged to his death from a hotel room in Phuket’s Patong area early Thursday morning, police said.

Investigators have ruled out foul play because the tourist was alone in his room at the Royal Paradise Hotel and Spa, inspector Teerasak Boonsaeng of Patong Police Station said.

“He either killed himself or fell by accident,” Maj. Teerasak said. “He definitely was not murdered. There was no sign of fight in his room, and he was alone. We already reviewed security cameras. No one entered his room.”

The 55-year-old man fell to his death at about 4am, police said. Khaosod English is withholding the man’s identity until it is confirmed that his next-of-kin has been informed.

Source: http://www.khaosodenglish.com/

ดุลพินิจผู้พิพากษา

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ย่อมได้ชื่อว่าเป็นกฎหมายที่ดีที่สุด

CMLH-Art-0019 Divorce

CMLH-Art-0019  Divorce

According to Thailand Commercial and Civil Code

The seventh (7/10) ground of action for divorce is:

One spouse has been an insane person for more than three years continuously and such

insanity is hardly curable so that the continuance of marriage cannot be expected.

News: Lawyer sentenced to death for Jakkrit murder freed on bail

Santi Thongsem, the lawyer sentenced to death for hiring the gunman convicted of slaying national sports shooter Jakkrit Panichpatikum in 2013, was freed on one million baht bail on Wednesday.

Jakkrit's former wife, Nitiwadee Phucharoenyos, alias Mor Nim, who was also handed a death sentence by the Min Buri Court on Monday, was released on 1 million bail on Tuesday.

After the court delivered its ruling, Santi's lawyer filed a request for his client's release on bail. The request was forwarded to the Appeals Court for consideration.

The decision was delivered at the Min Buri Court on Wednesday at 11am. Santi was allowed bail with one million baht collateral as guarantee. Santi is prohibited from leaving Thailand without court permission.

Also on Wednesday, a lawyer for Jakkrit's family, Boonruang Uthairat, filed a petition with the Min Buri Court about 9am opposing the granting of bail to Nitiwadee on Tuesday.

The court said at the time that allowing bail was based on the fact Nitiwadee had a permanent residence and occupation, and was not seen as a flight risk. She was also prohibited from leaving the country without  court permission.

Source:  http://www.bangkokpost.com/news/general/1165072/lawyer-sentenced-to-death-for-jakkrit-murder-freed-on-bail

Visa: 90 Day Report Late

If the foreigner doesn’t  do on 90 day report e.g. should report in Dec. 9, but today is 22^nd Dec. He/She should report to the local immigration office and pay 2k for the fine.

CMLH-Art-0016 Divorce

CMLH-Art-0016  Divorce

According to Thailand Commercial and Civil Code

The sixth (6/10) ground of action for divorce is:

One spouse has failed to give proper maintenance and support to the other, or committed

acts seriously adverse to the relationship of husband and wife to such an extent that the

other has been in excessive trouble where the condition, position and cohabitation as

husband and wife are taking into consideration, the latter may enter a claim for divorce;

CMLH-Art-0015 Divorce

CMLH-Art-0015  Divorce

According to Thailand Commercial and Civil Code

The fifth (5/10) ground of action for divorce is:

One spouse has been adjudged to have disappeared, or as left his or her domicile or

residence for more than three years and being uncertain whether he or she is living or

dead;

News: Truck Rams German Christmas Market, Killing At Least 9

BERLIN — A truck rammed into a crowded Christmas market in central Berlin on Monday evening, killing at least nine people and injuring around 50 as it tore through tables and wooden stands. Police said a suspect believed to be the driver was arrested nearby and a passenger died as paramedics were treating him.

The popular Christmas market outside the Kaiser Wilhelm Memorial Church was filled with a mix of tourists and locals when the large Scania truck hurtled into it. Germany’s top security official said initial evidence pointed to an intentional act, and the White House condemned “what appears to have been a terrorist attack.”

Sourse:  http://www.khaosodenglish.com/news/international/2016/12/20/truck-rams-german-christmas-market-killing-least-9/

News: Death Sentence for Wife of Slain Olympic Shooter

BANGKOK — The wife of professional shooter and star athlete Jakkrit “Ex” Panichpatikum was sentenced to die Monday for plotting her husband’s 2013 assassination.

In their verdict, Criminal Court judges said Jakkrit’s wife, physician Nitiwadee “Nim” Pucharoenyos, hired a middleman to pay a hitman to kill Jakkrit as he sat in his Porsche at a Bangkok intersection on Oct. 19, 2013. The court handed death sentences to both Nitiwadee and the middleman, while the gunman and his getaway driver were sentenced to life in prison.

Source:
http://www.khaosodenglish.com/news/crimecourtscalamity/2016/12/19/death-sentence-wife-slain-olympic-shooter/

CMLH-Art-0014 Divorce-Fourth Reason

CMLH-Art-0014  Divorce-Fourth Reason

According to Thailand Commercial and Civil Code

The fourth (4/10) ground of action for divorce is:

One spouse has deserted the other for more than one year; the latter may enter a claim

for divorce;

(4/1) One spouse had been sentenced by a final judgment of the court and has been

imprisoned for more than one year in the offence committed without any participation,

consent or in the knowledge of the other, and the cohabitation as husband and wife will

cause the other party sustain excessive injury or trouble, the latter may enter a claim for

divorce;

(4/2) The husband and wife voluntarily live separately because of being unable to cohabit

peacefully for more than three years, or live separately for more than three years by the

order of the court; either spouse may enter a claim for divorce;

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CMLH-Art-0013 Divorce

CMLH-Art-0013  Divorce

According to Thailand Commercial and Civil Code

The third (3/10) ground of action for divorce is:

If wife or husband has caused serious harm or torture to the body or mind of the other, or has seriously insulted the other or his or her ascendants; the latter may enter a claim for

divorce.

CMLH-Art-0012 Divorce

CMLH-Art-0012  Divorce

According to Thailand Commercial and Civil Code

The second ground of action for divorce is:

One spouse is blameful of misconduct or offense, whether or not  such wrongful doing or conduct is a criminal or malefactor offence or not, if it makes the other:

1.     to be insulted of hated or seriously ashamed OR

2.    to be insulted or affronted of hated or scorned, account of continuance of being husband or wife of the spouse having committed the misconduct; OR

3.    to sustain excessive injury or trouble where the condition, position and

cohabitation as husband and wife are taken into consideration.

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Reason to Divorce in Thailand.01

Divorce

According to Thailand Commercial and Civil Code

The first ground of action for divorce is as follow:

(1) The husband has given maintenance to or honored such other woman as his wife, or the wife has committed adultery, the other spouse may enter a claim for divorce;

The first reason for divorce is when the husband has other woman and gives her the maintenance as his wife; e.g. rents the house and stays with her in the same house and etc. or when the wife has another man.  

Divorce and Custody Case

Thailand Supreme Court #5535/2558

ในคดีหย่า แม้โจทก์จะไม่ได้นำสืบเรื่องอำนาจปกครองบุตรผู้เยาว์ทั้งสอง ศาลมีอำนาจวินิจฉัยชี้ขาดว่าจะให้ฝ่ายใดเป็นผู้ใช้อำนาจปกครองบุตรคนใดและอีกฝ่ายจ่ายค่าอุปการะเลี้ยงดูได้ เมื่อข้อเท็จจริงฟังว่า ผู้เยาว์อยู่ในความอุปการะเลี้ยงดูของโจทก์มาตลอดตั้งแต่จำเลยที่ 1 เริ่มมีพฤติกรรมเปลี่ยนไปและเหตุหย่าเกิดจากความผิดของจำเลยที่ 1 ประกอบกับจำเลยที่ 1 ก็ไม่ได้ให้การหรือสืบพยานว่าจำเลยที่ 1 ประสงค์จะเป็นผู้ใช้อำนาจปกครองผู้เยาว์ทั้งสอง ที่ศาลล่างทั้งสองกำหนดให้โจทก์เป็นผู้ใช้อำนาจปกครองผู้เยาว์ทั้งสองและให้จำเลยที่ 1ชำระค่าอุปการะเลี้ยงดูบุตรผู้เยาว์คนละ 4,000 บาท ต่อเดือน จนกว่าจะบรรลุนิติภาวะจึงชอบแล้ว

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