Double Citizenship

[samran]

If nothing else I at least got a few good laughs.

Glad I am so entertaining and you are so condescending.

But, lets say you are right and I can get over my self denial (and my blond hair blue eyed child successfully applying for a Thai passport recently – should have been an give away really, and I was at the passport office so they could have trotted out the big guns against me), can you answer some questions please to your ‘hypothetical’ case please?

Section 14: A person of Thai nationality, who was born of an alien father and has acquired the nationality of his father according to the law on nationality of his father, or a person who acquires Thai nationality under Section 12 paragraph 2 is required, if he desires to retain his other nationality, to make a declaration of his intention to renounce his Thai nationality within one year after his attaining the age of twenty years, according to such form and in the manner as prescribed in the Ministerial Regulations.

Section 14 does apply to our example person - a Thai nationality, born of an alien father and has acquired the nationality of his father. So this section makes it a required duty for our example person to renounce his Thai nationality if he desires to keep his Australian nationality after he has reached the age of 20. This duty has a time frame of 1 year. And I have a copy of such a form if anybody would like one (in Thai of course).

Based on Section 14:

On the issue of “if” this hypothetical (yet sexily good looking) person you speak about desires to retain their Australian nationality, for them to make a declaration. Fine. A couple of things though.

- what if no declaration is made between 20 and 21? What happens? Older versions of the law explicitly stated automatic cancellation Thai nationally if this didn’t happen (if I remember correctly) Can declarations be made outside 20 and 21?

-And what if one chooses to keep both. Can the Thai government strip one of their foreign nationality? Does it have the jurisdiction under international law?

Section 17: With respect to a person who has Thai nationality, by reason of his having been born within the Thai Kingdom of an alien father, his Thai nationality may be revoked if it appears that:

(1) He has resided in a foreign country, of which his father has or used to have nationality, for a consecutive period of more than five years as from the day of his becoming sui juris;

(2) There is evidence to show that he makes use of the nationality of his father or of a foreign nationality, or that he has an active interest in the nationality of his father or in a foreign nationality;

(3) He commits any act prejudicial to the security or conflicting with the interests of the State, or amounting to an insult to the nation;

(4) He commits any act contrary to public order or god morals.

The Minister in the event of (1) or (2), and the Court in the event of (3) or (4) and upon request of the public prosecutor shall order the revocation of Thai nationality.

Luckily, I know someone who wasn’t born in the Kingdom to a alien father. Phew…..

However, what is the applicability of this act as it discriminates amongst Thai citizens does it not? You have more rights if you were born outside the kingdom, or born inside the kingdom with a Thai father and a foreign mother. Seems to me to conflict with certain sections of the constitution (now suspended…but I am assuming it these clauses will be kept in any subsequent versions). http://www.parliament.go.th/files/library/law3e.htm

Additionally, how workable is the law? What do other jurisdictions do when they have an article of law which is unworkable, unfair, or unclear? By chance to they simply ignore them as unenforceable, unfair, and simply rely on other clearer pieces of law? Let me know.

Section 19 refers to powers of the Minster in regards to revoking Thai nationality of people who have been naturalised (i.e. not born in Thailand). If section 18 didn't apply to our case example then section 19 definitely does. Quite a bit of power for the Minister to revoke the Thai nationality of our example person.

Does it? I know an Australian who was born outside of Thailand….and is a Thai national, but not by naturalisation, but rather by birth. I guess this applies to a majority of people out there who have kids born OS as well to one Thai parent.

See section 7 which states:

Section 7. The following persons acquire Thai nationality by birth:

(1) A person born of a father or a mother of Thai nationality, whether within or outside the Thai Kingdom;

(2) A person born within the Thai Kingdom except the person under Section 7 bis paragraph one.

Section 21: A person of Thai nationality who was born of an alien father and may acquire the nationality of his father according to the nationality law of his father shall lose Thai nationality if he obtains an alien identification card according to the law on registration of aliens.

Section 21 refers to our example case except for the fact that Australia doesn't have a registration system for registering citizens. So I doubt this can apply at all until Australia passes law for registering citizens with an identification card and number. Though when and if Australia does then yet another reason for losing ones Thai nationality under Thai law.

Another reason not to support ID cards! Again, how enforceable is it? Does it mean that Thai citizens are discriminated against based on something beyond their control?

Section 22: A person of Thai nationality who has been naturalised as an alien, or who has renounced Thai nationality, or whose Thai nationality has been revoked, shall lose Thai nationality.

Well this section really sums up the situation.

That’s not the situation of the devilishly handsome man that I know. Neither naturalised, renounced, or had it revoked.

But, it is the most clear cut and at face value, sums up the situation….maybe. Can you tell me why though, aren’t they applying it?

[dr_Pat_Pong]

This Possum doesn't want to be convinced Samran. Let him follow his own advice and seek proper advice from a competent lawyer.