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DaveYo
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Posts posted by DaveYo
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Most forums have a TOS or Rules to follow. For the most part many of us simply just glance over it since much of it is pretty general and accepted around the world.
If you are the owner and have a website outside of Thailand no you are not subject to Thai Law, but can be subject to to Thailands own censorship people and usually it is considered a blocked website if they find it objectionable. You are subject to the law of where you registered your domain and also subject to the terms of your WebHost. If both are out of Thailand, Thailand cannot touch you or charge you or arrest you, since you are subject to another law outside of Thailand.
Pictures usually fall under copyrights, and if the poster put that picture into the website, you cannot charge the poster if that poster is the original joe schmuck who owns the copyright to the pic.
The IP Server cannot control the smut that goes around the internet. So you cannot charge them. You cannot charge the WebHost because they only offer webbing services and have nothing to do with what a forum owner does with their site.
So who gets hit. You got it. The forum owner in some cases. Now Thailand cannot touch this forum owner if the forum domain name is registered outside of Thailand. The worst that can happen is the forum gets blocked in Thailand.
If the forum domain name is registered in Thailand, then the owner is subject to the Laws of Thailand.
George the owner here of this forum knows what I am talking about.
The issue of the problem herein is not that complex. The girl gave the permission for the picture to be taken by the original copyright owner, and she expressly gave that permission with limitations involved. (Most of the time usually it is verbally given etc). She did not give permission to the original copyright owner of the pic to BROADCAST IT thru a medium known as the Internet where everybody can see.
Therefore the Judge was correct here. It hurt the girls reputation because she never approved to go beyond just a Picture, and never approved it to be on the Internet.
The Judge however I am sure looked into all the issues before giving the sack itself.
#1 >>Now if the poster resides in Thailand, and the forum owner and domain name is out of Thailand, then the poster is stuck holding the entire blame, because the girl is in Thailand, the poster is in Thailand, but everybody else is out of Thailand, so the Thai Law will apply only to Thailand residents and in this one it is the POSTER.
#2 >>Now if the poster resides out of Thailand and in some other country, but the forum owner resides and has the domain name in Thailand, and the girl is in Thailand, then the forum owner gets hit with the entire blame under Thai Law and in this case it is FORUM OWNER.
So the Judge is correct as to the liability itself and who is responsible. That is a very good Judge. As to the damages, well a set minimum is required and most of the time it is settled between the families involved. If no agreement then they let the Judge decide the arbitrary amounts in court.
This is a case not requiring any jail time. Jail should be reserved for more serious incidents like robbery, murder etc.
I myself concur with this decision.
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Just a question:
How many idiots are here and have no understanding what this virus does to your lungs? I have already warned about this event about a year ago, but that involved the Bird Flu. Now we got a swine flu which is even worse because this kind of virus will mutate rapidly and transfers easily to humans at a speed none of you know. Trust me once you get this virus, then tell everybody how you feel pertaining to your lungs. It destroys the bottom part of your lungs if not treated fast enough and guess what if you not fast enough, yes you can drown in your own fluids. If you get the combo hit of swine flu together with the bird flu which is going to happen and mutate, its a guaranteed death sentence and it will spread like wildfire worldwide. There is no vaccine to stop this one. Do any of you understand this at all???
Now let me tell you this and this people you best do worry. We have the Bird Flu here still floating around, and now you got the Swine Flu, and if those were to get together, BINGO. It was controllable in USA and of course the USA government was stupid and so was Mexico. What they should have done is sealed out the Borders from any incoming or outgoing. This would have prevented it from spreading worldwide. Now it jumped to Asia thanks to air traffic. Oh did we forget the Bird Flu yet, oh man I pity the people. The hospital knows just how deadly this is going to get. Never trust the Government but trust the hospital as they have been educated and know what a virus can do. If the Swine Flu and the Bird Flu mutate together, it becomes unstoppable and yes you will have a worldwide pandemic which I would say a few BILLION will die, not millions, because the Bird Flu is resistant and impossible to stop. A combo of Bird Flu and the Swine flu together will render all the vaccines they now have made obsolete and useless.
Now who are you going to believe? The hospital or the government. Take your pick and I wish you good luck.
True to the saying closing the borders will not make that much of a difference since this is a airborne primary virus and it hops from human to human. It will get worse and aid and assist the Bird Flu to really mutate since its cousin has arrived. Those who were born before 1920 are immuned from this disease and we really do not have many left from that era.
But for the foreigners they should not have a problem if they close the borders. I hope it does happen and it bodes well for the foreigners in Thailand ehh. But if it was I, you best hope it stays open so you can flee if possible before you catch it.
Who is worried about its economic effect. Has nothing to do with me. Let it happen.
This is not Thailands problem, this is a world wide problem and Asia is the super hot bed for viruses to mutate and to start due to the enviromental conditions. Thailand, Malaysia, Vietnam, Laos, Burma, Indonesia, and Cambodia as well as the southern part of China is a super breeding ground. I shudder to think what will happen once those two merge together.
Yes we have much to worry about because right now our lives are in the balance and we best pray that those two do not merge and if it does there is no escape, as it is going to hit everybody. The CDC dares not mention this to the public lest it create a panic situation. Why do you think it has reached level 6???? It would not be at that level if they don't know something like I just told you now. Ehhh.
Daveyo
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Issue about Foreigners owning land in Thailand. I am sure many foreigners are trying to do the right thing regarding of their spouses security. However, this is my personal opinion, Thailand does not ever want any foreigner to own any kind of property in their country and this has been quite pointed out many times over the years. I suggest to all foreigners to not buy any kind of property in Thailand, not even loan it to your wife, or give to your wife, because if the relationship fails, you will lose your millions of Baht period. This is not even an investment, it is a take by the Thai itself, because they know the law.
You can only own three things in Thailand. A car fully paid, a condo fully paid, or a motorcycle fully paid > all in your own name. No loan involved. Anything else all foreigners will lose their money. The Thai system is designed for foreigners to lose at the end. Foreigners have very little rights in Thailand if any for any kind of legal redress. A condo is by far very difficult to sell since it is very hard to find foreign buyers. Investment in Thailand forget it. Everything is geared to Thai security.
Don't kid yourself, and keep your money in your foreign bank and use it wisely. No joint accounts and if you have a bank account, make sure it is a foreign bank account solely owned by you. You can designate a beneficiary, but make sure it is going to someone else and not a Thai, or there will be a huge fight after your dead. For a retirement visa all you need is proof that you qualify for the visa once a year.
As I have seen here in this forum, you marry a Thai she owns half of your property or assets etc. and it only applies to Thailand. The Thai law does not extend to foreign countries. If married, buy only what you need to live on, buy only what you need for comfort, and always keep that car-motocycle-condo title in your name and to no one else. You bought it pure and simple in your name and paid for it in full. When time to leave you can always sell it and get some of your money back into your pocket and not to anyone else. Most Thai people live on credit here, and they are very bad with credit to say the least and do not have such cash or bank accounts that foreigners have outside of Thailand. When the relationship goes bad, she will get half and if possible clean you out. Not good.
If you bring property into Thailand, don't get married stay single and get a retirement visa for long term stay and have fun with the people. Keep your problems down to a minimum. Don't stay in Thailand until you die, because your property will be taken by unknown people. They have a free for all over here once a foreigner dies. Even if you leave a will, the Thai will ignore it, as it has really no legal standing in Thailand. So leave while you can and ship your property back home before some major sickness or injury prevents you of going home.
There are many things they will not tell you, so always be on guard and always question the motives and never let it down. When in doubt, get away from it.
My advise to foreigners, mind your own personal business, stay within the law, leave the Thais alone, let the Thai people deal with issues within themselves, and be nice to them and be friendly and have fun. Don't get involved in anything illegal. When you have had enough of your fun in Thailand, then go home. There is nothing better than going back home to your origins. Your country is the ONLY one going to support you in the long run, not Thailand.
As for land property FORGET IT. Don't even think or dream you will ever own that property, because it will never ever happen. Don't think about a business itself or a business property either, because you will not own the business fully, as the law says, it must be majority owned by a Thai, and they still can clean you out and boot you out very quickly. They will do it in subtle ways. If you want property such as a home or land or a business, buy it in your own country so you can have a small asset porfolio and something to fall back on when you need it or to simply have a place that is your very own with your name on it, and you have the deed and title to it, and no one else. Ehhh, sound much better. Right on.
Common sense and smart money sense is a must while staying in Thailand. The Immigration laws and the business laws and the investment laws are geared towards Thai security period. It is getting harder and harder every year. I am sure many of you have noticed it. In fact it is almost a major requirement anywhere you live. So be careful of what you do, be humble and respect others around you and you will get along just fine in Thailand. Thailand is not forever, it is only temporary. So enjoy the stay however long it may be but eventually you have to return back HOME to your origins like it or not.
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Well, why didn't he just go to Australia, serve out any remaining time, and THEN just apply for a passport.
He had allready servedthe 2 years he was given before he was transferred to immigraton for deportation. He waitd 4 years for that. At last his wait is over. Congratulations Australia.
Hi Folks
Hmmm, Seems everybody missed the key points here on this thread. First under Thai Law, expats who are sentenced must complete their sentence. From there according to Thai Law, the person HAS TO BE DEPORTED. Anyone who is in the IDC is facing automatic Deportation back to their respective country and can only appeal such deportation while in custody in Thailand. You cannot appeal your deportation outside of Thailand. That is the law!!!!! Period no ifs ands or buts.
The Australian Government by their authority do issue out temporary one way travel documents which is a PASSPORT, that allows you to leave. Once your back in your country, you can then apply for a full travel passport. Takes max a month or less.
The reason is quite simple. If the Australian Government issued this person a full travel passport document, he would not go to Australia and would go someplace else. According to the law, a person who is deported or facing deportation MUST BE RETURNED BACK TO THEIR RESPECTIVE COUNTRY. I capitalized this to emphasize the main point. Hence the one way tempory passport to just one place and that is to their respective country. Understand. Once it is issued and all the paperwork is done, the person then is transported to the airport and checked into the outbound flight, and then thru the Immigrations Departure point and escorted to the plane. Once the person is seated on the plane the flight crew take over and the police will wait outside the doors until the plane doors are closed and they remain there at the terminal until the plane is in the air.
For this person to refuse Deportation both Governments screwed up. The Thai authorities should have taken this persons travel document and escorted him to the next plane out of Thailand and straight to Australia because the law is quite clear and this person did not appeal his deportation at any time while in custody. He >this dead person does not have a choice. There is no choice and the law is quite clear. Australia on the other hand should have requested the Thai Authorities to immediately put their citizen on the next plane out. They have a specific duty to comply and to ensure their citizen be returned home. It does not matter if he had no one or no reason to return, and this point is moot. He can do as he pleases once in Australia.
Therefore if anyone wants to make some kind of indictment or point some kind of finger, point it to both Governments for failure to comply with the laws so mandated. End of story.
Now whether IDC is better than Hotel Hilton is a toss up. I would say IDC is a bit better as you can receive visitors and get extra food and goodies whereas in Hotel Hilton you don't have those privileges. OK. So different strokes for different folks.
The last point is why and it is a big question (in spite of the bureaucratic red tape) why they The Australian Government not pursue taking him into custody and into a jail in Australia to be held until things get sorted out?????? Those held in jails have to be released if no pending arrests or charges are forthright coming. The max they can hold is only 72 hours without charges. The Australian Government would be in a better position to assist their citizen in their respective country because they have certain limitations as to what they can do in foreign countries. This part raises a lot of questions.
Daveyo
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Shitto darn it. To all Chaing Mai residents, and those up in the northern regions,if you have your blankets, kindly fan that cold air down south!!!!!!!!!!!!!! We will welcome that cold air folks, cause we really do need relief from this constant darn heat. If it does get cold , I will go naked outside and rest on my lawn chair, soaking up that cold refreshing brew of cold air on my cooked up body, and enjoy it literally.
Daveyo
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Tatti and Britmaveric and some others here, I read your posts here. You have to be totally frickin out of your mind, and with that we all do excuse you. Just for starts, you said your an ex-addict, more or less, and really if you actually knew how and what kind of chemicals are used to make these illegal drugs, you would not want to touch them or even want to have them a mile wide.
Just to give you an ingredient example, LSD is an animal tranquilizer!!!!!!!! Yep, and yet people take it to get high. As for the rest of the crap that is out there, well marijuana is actually hemp!!!!!!!! I hate to think what and how the other stuff is made of, and yes some of it uses petrol chemicals, (DOW Chemicals etc.,) and some other concoction to make some of these common street drugs. Now Ketamine is known as a horse tranquilizer!!!!!!! What a life homie, taking dope that is made for animals. No wonder you druggies are animalie insanie whoooooopies!!!!!!!!!!!!
I hate to think if any of these people will ever have the chance to push the doomsday button while high on horse tranquilizers!!!!!!
So for those taking drugs, kudos for you since you have no idea what kind of damage your doing to your body, let alone even to think for one minute how dangerous this stuff really is being used inside your own body system with these deadly ingredients that are used to make your happy high drug!!!!!!!!!!
Gawd help us all. It is those manufactures that ought to be literally shot on sight and even put to death. Why, cause it is these people who make it available for those around who have no idea or sense of knowing what it is they are taking in the first place.
If you don't believe me, ask any legit doctor out there, and they would be most happy to tell you the ingredients of these common named street drugs that people use illegally. Once you hear it from some legit source I guarantee you that you will QUIT taking it that instant. But since your friends and yourself is a druggie, so who gives a shitto about you, NOT ME THAT IS FOR SURE.
Daveyo
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I tend to disagree with you brit. When the story came out from the coppers mouth saying no dope was found in their possession, or in that boat, it means just that.
Now they changed all that and did the switcheroo on the buckeroo!!!!!!
Not good PR for the Police I shall say. Bottom line is right now I strongly suspect the cheeky and chongy were undercover dudes, trying to set him up, but viola he not at hotel but at the boat rockin and rollin as the bay goes rollin by.
Surveillance sure, what else is there to see besides moonie and poonie?????
That is like saying to them yoooooooo hooooooo----> hey polly wanna cracker, come and get it!!!!!
Gawwwwd help us.
Daveyo
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65Apparently he had heroin on the boat:Video:
George lets get something straight. From the beginning of this story of this persons arrest, it said this person was on a BOAT, and not in the frickin hotel waiting for those two bufoons to make such delivery. First of all this cat is smart enough if he happens to be really a drug baron. Drug lords never ever get near that crap much less even want to have it near or have it in their possession. Doing so is PURE SUICIDE. They only deal in money period, and most of the time they never ever touch it, because it goes thru so many channels to avoid any tracing back to them concerning the drug sale.
Most people know that after graduating high school.
Secondly that BOAT WAS SEARCHED, and nothing was FOUND ILLEGAL. Thirdly, his room was SEARCHED AND AGAIN NOTHING FOUND ILLEGAL. Fourth, his wife also came out CLEAN WITH NOTHING ON HER.
The only thing this forsaken wannabeeee drug baron did wrong is have a FALSE PASSPORT. A small pittiance crime wise which that alone is enough to get his persona non grata, (THAILAND ONLY) and of course passport problems in the future.
That is all he is going to get charged with. He will get his boat back because it belongs to him and there was nothing on that boat illegal being found. So to the dreamers here forget buying his boat.
NOW WE ALL KNOW THESE FACTS, SO WHY ALL OF A SUDDEN DOES SOMEONE NOW WANT TO DO A SWITCHEROOOOOOO AND PLANT SOME DOPE IN THAT BOAT AND THEN CHANGE THE STORY LINES TO SAVE THE DRUG AGENCY'S FACE.?????
Next now we see admission coming from the huh and duh.???????? She not handcuffed and still has purse and he looking perplexed. Something not right here, and I don't think he would be so stupid of a pea brain to even want to admit to something of the sort knowing what can happen to him. If he had a past in Taiwan, he more than would KNOW MUCH BETTER TO KEEP HIS MOUTH SHUT and do the Abbott and Costello act.
Huh, that crap, me, hey wait a minute man, I don't know those two idiots, never met them, for any reason ever, and man I had none of that stuff around me, are you nuts, I already did time for that shito once, and I am not about to do it again by being that stupid, and me and the mrs here are clean concerning that business officer. You don't believe me check my background in Taiwan!!!!
Now what cha gonna do when that cats says that with no proof to nail him other than the passport charge, once he says that and they do find out he said right.
If that is the case then the Drug Agency is no better than the Drug Lords activities himself, because they cannot be honest with everyone and have very little training to really do the bust correctly to make those charges be solid without doing the drop or plant. Understand.
SEEMS EVERYONE FORGOT THE TWO CHEECH AND CHONG HONG KONG DUDES!!!!!!!
Interesting to note they seem to somehow disappear out of the limelight.!!!!! Why is that??????????? They were the ones who got caught COLD TURKEY with 40 kilos of PURE HEROIN, in THEIR CAR!!!, with their fingerprints splashed all over the 2 attache cases and possibly on those heroin bars itself, not to mention DNA linking them too. They have no defense except to say I am guilty. Unless they are drug undercover sting cops doing the set up.
Daveyo
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Except for hearsay and a false passport there's not much of a case against the Kiwi & Thai.
In a thai court that's enough for a conviction!
These two will not get convicted of dope dealing. Yes the two hong kong pups say that these two are involved, but without catching them in the act of such involvement they are off the hook. When they were searched nothing was found on that boat or in their rooms containing anything illegal. However, the foreigner with fake passport will be charged, and most likely his wife will get to walk out of this free since she is thai national also with no hard evidence on her. Seems the drug agents made their move a weeeeeeeee bit tooo soon.
the two hong kong pups face the heaviest of the rap in all this.
Daveyo
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one other thing, at least Thailand is acknowledging that there is a very serious problem with their people here. Give them credit for this much. Most of Thailand is under a state of some amount of booze and the minds wooooozzzzzzzzzzzzzzyyyyyyyy.
Daveyo
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Ban all alcohol and cigarettes.Get rid of all farangs too.
Hmmm your voice rang my ears loudly. Cigs have nothing to do with drinking. Cigs only involves health. Drinking is the biggest damage of all. In fact my barber is now in ICU because of his drinking soon to die from complications related to such, and of course cigs can do the same. But cigs do not cause the horrendous crashes one has to endure let alone see being caused from some Drunk SOB. You can bet on that .
Daveyo
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By the way, even if the passenger did get arrested, the burden of proof still will lie with the state to prove beyond a reasonable doubtin court with real proof and evidence that we being the passengers knew he was drunk!!!!!!!!!!!!!!! before we got into that car. If they cannot prove it then we can sue the state for false arrest, plus loss of our face and reputation and several others that can be applied period.
Lawsuits here in Thailand can be made plentiful.
That is why it will be one very idiotic stupid law to enforce because it will obviously expose the state to many lawsuits.
One thing for sure the state or the police cannot include that exemption if they make that law. If they do, they will have a riot on their hands. It is either one for all or none for all. one or the other.
Daveyo
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Some very good points have been raised up here regarding the topic. The burden for the passengers to determine if one had been drinking before you get into their car is way out of line, let alone even knowing such person is drunk. So arresting passengers all because the driver had a tit more than allowed by law is outrageous. However if one knew and saw their driver drinking a lot , that is a different story. What guarantee do passengers have when you have a bus driver, taxi driver and even motocycle taxi drivers who work for a living that they don't sic and sic a few here and there before picking you up????????
As to cracking down drivers who drink is good. It can truly save lives. No one should die all because some sick SOB getting drunk then high tailing it by driving on the road. Better yet, if one is found drunk, put him or her in the can for minimum 3 years. If one is found drunk and caused the accident with no deaths make it 5 years. If one is drunk and caused an accident and people got killed then lock them up for life.
Life is priceless, and cannot be valued in any kind of terms.
But for passengers geeeeezzzzz, say if this happens, huh what officer you mean he is drunk, I had no idea, huh what you arresting me for???? what, letting him drive, are you crazy, it is his car, and I had no way of knowing he took a few slickos back before he picked me up, and hey wait a minute you planning to put those cuffs on me all because of that SOB, and I leave the rest of what might possibly happen not only to that POLICE OFFICER but to that drunk SOB at the same time.
This kind of incident can lead to some very serious consequences all because of some stupid law trying to get into the books. You can bank on it.
Daveyo
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Hey before we forget lets contact Al Capone for advise!!!!!!! Heheheheheheheheheheeh
Duh, wait a minute dude, he huh darn went south like 70 lights ago, and hold it now wait a minute, chum, whatcha talkin about dude ???????
Duh, I cannot remember now, been so long ago!!!!!!!!!!!
Daveyo
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Well with the huge amount of methane located in about Thailand, the fuel source is quite plentiful!!!!!!! Do any of you wonder why they take off their shoes before going inside a house or building????? pheeeeeeeeeeeewwwwwwwwwwwwwuuuuuuuuu. Anyway, why bother to send and waste this valuable fuel??????? Thais already have a rocket right smack on the ground, and it is rocking and rolling huh???? rocking and rolling????? say again please, no it is not rocking it is rolling, and wait a minute here folks it is rolling and not rocking, OK OK, hold on folks, anyone got a spiff to give it a lift????? whaaaaaaaaaa, are you kidding, your gonna blow us up, and noooooo, that won't happen, oh yeaaaaaaaaaa, it sure will, enough methane to light up a million lights no doubt, ahhhhhhhh shucks, its the only way to get on up, yeaaaaaaaaa get on up, and get on up --- wait a minute here, are ya talking James Brown now, and ahhhhhh heck now i see it brother I see it brother, what a fancy piece of foot work, hold it hold it hold it freeeeeeeeeeeeze right there brother, there is a land mine just a centimeter behind you, darn it, now you just stepped on that blasting cap, and if you move it will spark, and hold it let me get my space suit on first, ahhhhhhhhhh, ok, now hold it let me get to the other side of this confounded thai made steel door, hey jack, did they make this door with carbon or not????, ok ok, stepped on the other side, locked it up and kaaaaaaaaaaaaaaaaaaaaaaaaaaaaabooooom get on up, get on up, get on up!!!!!!! and away it goes-------- nudging a fellow space cadet, did you see it go UP!!!!!!!
Daveyo
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Sunshine, if you want to rent a car, it depends on what car you rent, because the price varies on their models. Also it can get quite expensive as time goes on. Hmmm, I do believe the smallest I have rented a while back, it was like around 1,400 baht per day. Almost the same as in USA, so your not saving as much. As of your drivers license, since your staying only here for a couple months, you need your passport, your foreign drivers license and some thai person to vouch for you because the Thai person has to sign their name on your behalf. That is what I did based on my prior experience. Another way is AAA Club International Drivers license good for 1 year, and costs only 10.00 USA dollars. Most countries do honor that kind of License and so does Thailand. However your passport is a super must to get to rent that car.
Then the shindig begins, oh clyde left turn, no clyde right turn, hey which way, darn whoooooooooooosh the motor bike just misses you and your nightmarish brain begins to wilt like the stilt!!!!!!!!!!!!!!!, and by the time your done, your a nervous wreck. Thai drivers are demolition derby drivers, so be careful brother.
Good luck.
Daveyo
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On making some enquiries at the department yesterday, I was told that one had to be in possesion of a "Non Immigrant" to apply for a Thai licence, and the copy of the form that I have states this. Maybe they have old and new forms for some inexplicable reason
Yes you can renew your licence for a period of five years for a cost of 505 baht. The medical is waived, but you still have to produce both copies and originals of all pertinent documents
If you do NOT have a NON - B or NON - O Visa, you cannot have a driver's License. Simply Tourists are forbidden to obtain the License if it is a Tourist Visa ( Department of Transport Information Central Thailand).First License is 1 year, with a current NON- Immigrant Visa then only after the 1 year has expired, then you may renew for 5 years at 505 Baht. But you must hold a current NON - Immigrant Visa to do so. Central Thailand Motor Registry requested my Work Permit book for evidence of validity on NON - Immigrant Visa.
The issue about the 5 year renewal was a small challenge on the fact the new LAWS for 3 year NON- Immigrant Visas didn't support the issue of the 5 year License renewal..... Totally clashing rules and LAWS, who really makes all these counter LAWS to clash with current LAWS GO LEFT, BUT GO RIGHT, NO Wait, U Turn,,,, 1 stop "chop" shop. Ahhhhggggg, are we there yet ?
wait, what was your name again Mr. Okemura ? NO , NO, not Okemura, Sakemura ! Yes, as I was saying Mr. Cracked Mirror, NO NO ! Not cracked Mirror, MR. o'h forget it, I am out of here, my visa is expiring next week. "Anyone experiencing difficulties reading this, see Daffy Duck & Company.
Daveyo
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Ok so that helps clarify some things samran, but now this puts one Government with another Government. However we have a Thai Law that came out being revised back in July 2004 raising the stakes as of the pay.
Again this still raises that Question concerning just exactly does the Law apply only to Companies and the like and not the Government???
Listen folks, if the Government passed the law to apply to the people, they also must follow the same rules and with no exceptions. You cannot order one bunch of people to comply and then say on the other hand we are exempt. Also from what I hear, these Volunteers so to speak get hit with a small clause called something to my understanding a by-law involving hiring Tourist Police. Hold it right there. Here is my point
If the law says folks everyone gets a raise etc, and it is passed by the Government and by HRH, and now some branch of the Government inserts a by-law clause to minimize the paychecks, this is considered ILLEGAL, because such was not approved by HRH or even the Parliament.
Why have the Law be passed only to find out later someone comes up with a brainstorm to secretly find a loophole and insert the by-law clause to save money.
In doing so, one defeats the true intent of the Law illegally. In short this means anyone can do this at random and say tit for tat to you take it or leave it. These people are crooks. Once you sign that document of agreement, your doomed unless one knows for a fact this is an illegal act.
That is why I posted this topic in my efforts to find out if the Government is exempt from complying with the Thai Law that supposingly affects everyone.
From reading that topic of about the Volunteer project, it is a super joke. I am sure is not going to waste my time looking for stranded individuals, but if I come across one, yes I will point them in the right direction straight to the Tourist Police Station and that is it. If they do something illegally, I don't want to know about it or even want to be involved. Not my business.
If the Government contracts for the services of some foreigner, that alone itself says you hired a foreigner period. It cannot be any other way in plain black and white.
Daveyo
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Tywais, good information there, because this friend of mine said the same thing. The real question is the PAY and does this pay apply, or can the Thai Government put in a by-law into their contract to reduce the pay?????????????? The way my friend explained to me they did just that in putting in that by-law thus they weasel out of the Gazette that was issued by the HRH.
I want to know from some legal beagle who is familiar about Thai Law here just exactly what my friend can do concerning his predicament.
There has to be some loophole or answer.
Daveyo
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Hi and whoopie doo!!!!
I have a very interesting Question and would like to know specifically just what and how far does this Thai Law apply regarding the minimum wages for foreigners. This can be found on http://www.thaivisa.com/index.php?514&backPID=10&tt_news=459 courtesy of our friend George!
Here is the story and question:
If a foreigner is hired to do work here in thailand, for the government of Thailand, does this scale of wages apply to the Government or just to companies??????????
I have a friend, particularly probably the best friend here in Thailand, and he is an Australian, who is a Tourist Police Officer, and does other duties working for the Commerce in dealing with rice etc., and was hired by Thailand thru a contract with someone from the Australian Government similar to the Peace Corps.
Lately they have been cutting back his wages for some unknown reason, yet they demand all this work to be done, and I am really pissed off on the way he is being treated, but at same token he is somewhat handcuffed somehow due to his contract which expires coming December just before Xmas.
His salary for some time has been only 10,000 Baht a month, instead of the previous 35,000 Baht according to Thai Law, and now they cut him down to 5,000 Baht a month just recently which according to Thai Law says he is supposed to be getting 50,000 Baht a month since last year when the Gazette was issued last year. Shit, this is the pits for this guy, and they make him travel on many days over 175 kilometers going to different places and they never re-imburse him for all the gas he uses back and forth. Sometimes he works till 1 to 3 am in the morning if such work is hot, and needs to be done. Much of this work is translating English documents into Thai. Including with this work, being a Tourist Police Officer he has those duties besides doing cases involving with foreigners or illegals etc. More than what this current salary can ever offer. He is forced to use his limited spare time to teach of which he is certified and they don't even pay him according to the Thai law. So what gives????????
What can he do about this situation and can this law apply to his contract???????? with the Thai Government and his side kick Teaching?????
I need to have these answers because I do believe he is getting screwed out of his wages by his superiors who are pocketing his salary into their own pockets or paying others out of his salary without him knowing it.
If he is entitled to this pay, and all that back pay how can he legally go about it?????
So how about it folks, lets pitch in and help this guy with knowledge and facts that the law applies so that he can use it in his favor!!!!!!!!!!!!!!!!!
Time is running out on him so he has to do it very soon before this contract is up, so he can collect what is due to him legally.
Daveyo
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One other thing I would like to add concerning about lawsuits brought upon by the Thai people, even if one is charged with a crime and on that crime there is sufficient evidence to convict based on its charges, the defendants or the accused or the convicted do sue the plaintiffs for bringing up such charges against them in the first place because they claim they lose face and their reputation is ruined not only of themselves but of their family as well.
The thinking of the Thai people is really cuckoo!!!!!!!!!! First you have the person committing such crime and then the victim files such complaint, and the person committing such crime gets arrested, then sues during the interim of the crimminal complaint against the victim, and the person who committed the crime gets convicted if found guilty, and say they win the lawsuit against the victim.
Do you see what I am talking about here????????
The Thai system somehow backs up the crimminal and not the victim. With this in mind, that is why very few press charges unless the victim knows for certain regardless that they will not lose either way. Most disputes are settled out of court unless it is the police who catch them in the act which then the police become untouchable. This is the way of the Thai.
Daveyo
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Well, since I have been here a short of time, but long enough to obtain some knowledge of Thai customs, mentioning anything to or of about or of reference concerning the Royals is considered """"""according to Thais"""""""" taboo or a big no no.
If you read the article carefully on the questions asked to the PM, it is saying or asking in other words why did the PM go against the HRH request????? The comment following the question, gave indications lack of loyalty so that in a sense was repeated for confirmation coming from the PM. The host was trying to clarify and kept asking about the PM's statement more or less. With the PM refusing to clarify and explain about his comment, what can the host conclude????????
Every place around this world one can make some kind of comment about their leaders or question them in various topics except in China and in North Korea and now of course Thailand.
To Moog, in my answer to your comment and question, for me it does not mean a thing!!!! I could care less what the other says whether or not I am loyal, my actions will speak of it by itself. Also it is of no importance to me if the others think otherwise because they don't know of about my personal affairs or beliefs etc., and so if they wish to nudge and pry out such from my brain it isn't going to happen.
As to of the comment about the Western methods pertaining to Slander and Defamation, the rules are quite well understood, and for one to bring such into the court, one has to prove that such was made with harmful malice and intent aimed in destroying a persons overall reputation. This same person has to present strong evidence of the like showing all is tied into that Slander and Defamation. In short it is a very difficult case to bring up to the courts unless it is clear and convincing.
However here in Thailand for one to sue one has to deposit 100,000 Baht to the courts for the case to be heard and to bring such a suit. Also Thais are well known to sue people (provided that they have the front money to deposit of course) regarding anything that they think attacks their reps or demeanor even on a crimminal case if such is brought upon a person without justifiable cause. At least one thing I do know is that the Crimminal Inspectors will examine and go thru such complaint quite thouroughly before bringing up such charges to the court. In a sense they also try to protect both sides from doing something stupid. Also Thai laws are very weird of the way they look at things and how one files such complaint.
By the way, we all should send Thaskin Pom Poms and maybe include a skirt too if it fits so he can show to everyone just how good he is and give us a nice demo!!!!!!!!!!! on T.V.
Daveyo
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I would also recommend the Sissler which can be found at the World Trade Center and at several other spots. They have a good steak, and I even buy a bunch of it frozen to take home. Comes closest to American Steak as I can find taste wise.
Their baked potatoes are good too and overall the prices are reasonable. A favorite tourist eatery so to speak.
Daveyo
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Just read an article from the Bangkok Post today of about the lawsuit against Sondhi by the powerful and mighty Thaskin. Wants 500 million Baht for the show hosts slander.
Quite frankly the way I see it, Talk show hosts should be free to ask any question or say anything what is in their mind even if they question loyalty or oaths of any sorts without being sued.
If the PM succeeds on this suit, it will be truly a black day for Thailand concerning the freedom of SPEECH AND OPINIONS.
When one talks of censorship here is a clear and convincing case of how the Government or some individual with enormous power who will use a legal tool to shut someone up or put them out of business. This same person as all knows hates the Muslims down south, yet is trying to be very careful so not to be accused of being discriminating against people regarding of their faith or religion.
I still remember his comments saying all the people of Thailand shall and will be Buddists if they want to remain in Thailand. After that he retracted that comment after being advised of its implications.
So what do you people think now of the almighty Son of the Father!!!!!!!!!!!!!!!!!
Daveyo
Thai Tourism Stimulus Measures Extended
in Thailand News
Posted
Hmmm, how come you guys are so stupid here? Its quite simple, go to the main Immigration Headquarters where this free tourist visa originated from and get an official letter from the Immigrations bureau signed and stamped with their orders etc. and MAKE SURE ITS ADDRESSED TO THE THAI CONSULATES.
Then you can go to Laos, or to the border across to the Thai Embassies and shove that official paper to them. They are not going to take your word but an official Immigration letter order from the Foreign Ministry Hdqtrs, that deal with Immigrations then they will believe. Make sure you keep that original, and give them the copy of that original. Once they see that, no argument and they have to comply.
Then you can get your free tourist visa for 1 year up to March 2011.
What's so hard about doing something like this? Just make sure you have plenty of time left on your stay when doing this and don't get caught on a overstay. hehehehehehehehehe.
Daveyo