Can the Thai Authorities Confiscate One's Passport

[AyG]

I've been brought up to believe that my passport is the property of Her Britannic Majesty, and that it is improper for anyone (other than those authorised under English law) to seize one's passport. However, today I read that Andy Hall (activist who reported on the state of the Thai fruit processing) has had his passport "confiscated by Thailand pending his trial [for defaming Natural Fruit company]".

Shouldn't the British Embassy be raising a stink about inappropriate behaviour by the Thai authorities? Or is it legit?

[JockPieandBeans]

I'm no expert.

However I would have thought that as part of a bail application, the temporary surrender of a passport would be quite normal.

[Soutpeel]

other than those authorised under English law

and this would be the key as to how they can do it.....immigration and similar officials in another are legally allowed to "sieze" ones passport if warranted, in this instance its a legal trial, however "bogus" the charges are, but it is perfectly legit...

the easy measure is, go to the BE, and tell them the "cops" have siezed your PP and ask for an emergency PP to get out the country....my money is on they will be showing you the door...

[Costas2008]

Forget about Her Britannic Majesty and when somebody is awaiting for trial, in any country in this world, they will confiscate your passport.

and the British or the Martian Embassy can do nothing about that.

[HeijoshinCool]

Not if you've lost it.

[mrtoad]

Yeah, don't think there is anything wrong in allowing the authorities to confiscate a passport - although considering Convicted Thai Criminals have new passports delivered to them by The Foreign Minister, it's rather absurd that Andy Hall is being treated differently, although he's clearly pissed off some influential people. The charges in all effect appear totally bogus, but I guess that's a different story.

[AyG]

Forget about Her Britannic Majesty and when somebody is awaiting for trial, in any country in this world, they will confiscate your passport.

and the British or the Martian Embassy can do nothing about that.

I'm (evidently) no expert, but isn't it usual for the suspect to surrender his/her passport, i.e. give up your passport or we'll keep you in jail, rather than to have it confiscated?

[h90]

It is common that countries seizes passports from people they don't want to leave the country.

At: "other than those authorised under English law" English law doesn't apply here. Thailand is under Thai law. If it permits to seize passports than it doesn't matter if English law tells something different.

On the other hand tourists from Saudi Arabia can drink alcohol here, even they are not allowed under the law of Saudi Arabia....

[kwonitoy]

When the police were in my house and tried to demand my passport ( Not related to anything I had done) I picked up my cell phone and said I was phoning my embassy in Bangkok.

The famous Thai smiles can out in force and lots of NO NO NO NO don't bother mai pen lai, kor thod, etc etc.

Of course it depends on the circumstances, buy in my case they were trying it on

[AyG]

At: "other than those authorised under English law" English law doesn't apply here. Thailand is under Thai law. If it permits to seize passports than it doesn't matter if English law tells something different.

It's not a matter of whether English law applies here or not, seizing a British passport (as opposed to the holder giving it up) is surely a diplomatic incident (hence my reference to the British Embassy) and the Thai authorities should not have done so.

[Soutpeel]

At: "other than those authorised under English law" English law doesn't apply here. Thailand is under Thai law. If it permits to seize passports than it doesn't matter if English law tells something different.

It's not a matter of whether English law applies here or not, seizing a British passport (as opposed to the holder giving it up) is surely a diplomatic incident (hence my reference to the British Embassy) and the Thai authorities should not have done so.

As I mentioned earlier, go to BE and tell them the Thai coppers/immigration have seized your passport and ask for an emergency travel document to leave Thailand and see what they say... ....this will tell you if this is a "diplomatic incident" or not, my money is on they will show you the door

[h90]

At: "other than those authorised under English law" English law doesn't apply here. Thailand is under Thai law. If it permits to seize passports than it doesn't matter if English law tells something different.

It's not a matter of whether English law applies here or not, seizing a British passport (as opposed to the holder giving it up) is surely a diplomatic incident (hence my reference to the British Embassy) and the Thai authorities should not have done so.

seizing/giving it up: OK you get me on that. So the police would put you in the cell in the police station till you giving it up......

That might be always the case when the police "seize" the passport so you can't leave the country.....They don't seize it, they give you the choice of staying in jail or offer your passport as safety.

[krisb]

Do you seriously think old Queenie poos will get on the phone to another country and say oi, give his passport back now?

[hotsoup]

Authorities are NOT entitled to 'seize' or require you to 'surrender' your passport. In Andy Hall's case I cannot imagine how he came to 'offer' up his passport. Even in Thailand it is presumed he is 'innocent' until a court finds him 'guilty' so why would they require his passport? He is not a Thai citizen, so there is no justification for assuming that he might 'do a runner' Who,in their right mind, gives their passport to anyone, whether it is a policeman or a motorbike rental shop?

[Krataiboy]

Authorities are NOT entitled to 'seize' or require you to 'surrender' your passport. In Andy Hall's case I cannot imagine how he came to 'offer' up his passport. Even in Thailand it is presumed he is 'innocent' until a court finds him 'guilty' so why would they require his passport? He is not a Thai citizen, so there is no justification for assuming that he might 'do a runner' Who,in their right mind, gives their passport to anyone, whether it is a policeman or a motorbike rental shop?

A report in today's Bangkok Post had him returning to Thailand for his trial. If his passport had been surrendered or seized how was he able to leave and re-enter the country?

[evadgib]

Passports carry a disclaimer along the lines of "Property of XYZ Govt//Only to be given to authorised personnel" . Joe public has no way of knowing which organisations fall into this category and, in theory, could ask the authorities to seek written confirmation from their embassy before complying with such a request.

(Tongue-in-cheek of course, but worth a try if in the sh1t & would certainly weed out any opportunists that are 'trying it on' without any obvious loss of face )

[AYJAYDEE]

Authorities are NOT entitled to 'seize' or require you to 'surrender' your passport. In Andy Hall's case I cannot imagine how he came to 'offer' up his passport. Even in Thailand it is presumed he is 'innocent' until a court finds him 'guilty' so why would they require his passport? He is not a Thai citizen, so there is no justification for assuming that he might 'do a runner' Who,in their right mind, gives their passport to anyone, whether it is a policeman or a motorbike rental shop?

so you would take the option of awaiting trial in jail?

[Soutpeel]

He is not a Thai citizen, so there is no justification for assuming that he might 'do a runner'

Have you read what you have written ?....the fact a person is a foreigner with a passport in another country is incentive/temptation enough for someone to do a runner, as in most cases, if there are impending legal issues, once you get out of a country very difficult to get somebody back without resorting to extradition processes etc and if the maximum jail sentence is 12 months or less for the offense, then this would not be extraditable internationally anyway.

surrendering or siezing of passports in the case of non-nationals being involved in legal cases is common and if the inpending case is "bailable" its usually a condition of being granted bail, so you dont do a runner while on bail, refuse to hand over your PP your sitting in jail, its that simple

Because you are a foreigner in a country you are considered a high flight risk, simply because you are not a citizen of that country and you DO have have somewhere to run to very easily, unlike a Thai citizen, who would have far fewer options