Overstay as a Thai Citizen

[HyperMyopic]

I will try to make my post as clear and concise as possible,

I am a Dual Thai-US national from birth. For most of my life I have travelled on my US passport.

I entered Thailand before 2010 on a US passport and have have not left the country since then. From that point until last year I have been going for my yearly visa extensions and 90 days routine.

Last year I bit the bullet and obtained a Thai passport. Since then I have neglected to update my visa and under a technicality I have overstayed for several months.

There is no question that I am a Thai national. I was born here, my surname is Thai, and I own land here. I have an ID card and am on a tabien baan. Additionally I am slated to join the Royal Thai Army at the next draft.

I am now aware that I am subject to a 20,000 THB fine for overstaying. But, as a Thai citizen is there any recourse for me to have my visa voided or the fine forgiven? I cannot imagine that I, as a Thai national with every right to enter and reside in this territory, will have to pay a fine for my physical presence in the country.

How can officials stop me if, say, I attempt to leave the country while holding only my Thai passport?

I have just called an immigration officer who insisted that I have to pay the fine, but I would like to know if there is any channel for me to contest this fine. If such a channel exists, how can I start the process of remediating the situation?

Thank you for any help that you can afford,

HM

[ubonjoe]

Since you entered the country on your US passport you come under the immigration rules just like any foreigner entering the country making you liable for the overstay fine.

What you should done was to schedule a low cost flight out of and back into the country and do a passport swap to use your Thai passport on entry.

The only recourse you might have is to contest the fine in a court.

[HyperMyopic]

How, then, would I go about contesting this fine in court?

[ubonjoe]

Not sure. You would need lawyer to answer your question.

Or you could try leaving the country and refuse to pay it and be sent to the immigration detention center and make an appearance in front of a judge. This is the way it is done if a person is caught with an overstay and the judge lowers the fine to as low as 3000 baht.

[HyperMyopic]

Thanks. I will consider this as an option and look for a cheap refundable flight.

[Soutpeel]

Not sure. You would need lawyer to answer your question.

Or you could try leaving the country and refuse to pay it and be sent to the immigration detention center and make an appearance in front of a judge. This is the way it is done if a person is caught with an overstay and the judge lowers the fine to as low as 3000 baht.

I am fully aware of what immigration rules are on this question but the fact remains one cannot be on an overstay in a country one is a citizen of irrespective of what passport one enters on, as the person has legal right of abode due to the fact they are citizen's ergo they can't overstay

Entering on the "other" passport doesn't make someone a non Thai citizen in this case, their citizenship hasn't been revoked, they are still Thai citizen's

Its a legal argument for a judge I know but there is absolutely not logic or rational in immigrations position

Edited February 17, 2015 by Soutpeel

[VIPinthailand]

I would not pay(I have double nationality in Europe) . you are Thai, it s your country, so f... immigration.

if my immigration office comes to my home and ask me to pay a fine, first thing, I would ask for their authorisation from a judge to come to my home. this is called a mandate. and fix their problem in their database.

if they send me a fine, I would not pay. I would say "for what? because I m in my country legally? "

let them sue you if they dare. your case will probably be dismissed in a non lieu but I think your case will be lost forever somewhere in their computer and you will never heard about your "overstay" situation.

still the army can sue your a... ! because you tried to avoid your service by hiding in Thailand under a different nationality which is illegal.

Edited February 17, 2015 by VIPinthailand

[steve187]

is your name the same on both passports

[paz]

I don't think the OP can be ever sent to a detention center. because at the moment is he approached with his Thai passport in hand,the officers would be would be committing a rather serious crime. Lawyer or not, there is to be seen I doubt they would dare to do that. By the way, detentions is not mandatory, but a faculty of the officer as well the methods by which it is executed.

However I think (again my opinion only), that a judge could still impose a fine, as a sort of admonishment. He could even use a different section of the immigration code, one that is specific to violations by Thai citizens.

Edited February 17, 2015 by paz

[samran]

You want to be Thai?

Path of least resistance sonny. Do the border run and cop the fine.

[Soutpeel]

I don't think the OP can be ever sent to a detention center. because at the moment is he approached with his Thai passport in hand,the officers would be would be committing a rather serious crime. Lawyer or not, there is to be seen I doubt they would dare to do that. By the way, detentions is not mandatory, but a faculty of the officer as well the methods by which it is executed.

However I think (again my opinion only), that a judge could still impose a fine, as a sort of admonishment. He could even use a different section of the immigration code, one that is specific to violations by Thai citizens.

So what section of the immigration code with specific violations for Thai's would the judge use then Paz ?

If your a citizen of a country your not subject to any immigration code cos your not an immigrant, do even read what you write

[nzexpat]

The OP entered the country by declaring he was an American citizen. He is therefore subject to Immigration law .

Wriggling and pleading Thainess after running himself into difficulty will, I suspect, not prove to a valid excuse.

As a Thai there were options available which , had they been exercised, would have prevented his overstay.

He now has a simple choice pay or refuse to pay.

Refusal will result in a court case where the Judge may reduce the fine.

[Soutpeel]

The OP entered the country by declaring he was an American citizen. He is therefore subject to Immigration law .

Wriggling and pleading Thainess after running himself into difficulty will, I suspect, not prove to a valid excuse.

As a Thai there were options available which , had they been exercised, would have prevented his overstay.

He now has a simple choice pay or refuse to pay.

Refusal will result in a court case where the Judge may reduce the fine.

Yes but the fact remains the person is still a Thai citizen, just because the person entered on a US passport doesn't mean they have revoked their Thai citizenship, they still have the legal right of unhindered abode in Thailand, the way they apply this rule suggests a person who has dual citizenship is something less than a citizen which is not true

[Suradit69]

Overstaying is the act of staying in Thailand exceeding the duration of your permit to stay as stated by the stamp or visa in particular. If, for example, you’re deemed to exit the country by 15th of March (as stamped in your passport) and you’re still in Thailand by the 16th, you are already overstaying. It is every alien’s obligation to exit Thailand on or before their permit of stay expires, so no matter what the reasons are it is necessary to report and present yourself to the immigration as required. Aliens and foreign citizens are the only ones liable to this offense.

According to Siam Legal FWIW

http://www.thaiembassy.com/thailand/overstay-visa-thailand.php

[Maestro]

The essential question of the opening post of this topic is this:

How can officials stop me if, say, I attempt to leave the country while holding only my Thai passport?

He cannot, and he will not.

Let us look at this logically. For a foreigner, the interaction with Thai immigration starts with his first arrival in Thailand. After that, immigration wants to be able to match the foreigner's every departure from Thailand with his latest arrival stamp.

For a Thai national born in Thailand who gets his first passport in Thailand, it is the opposite. His interaction with Thai immigration starts with his first departure from Thailand and after that, immigration wants to be able to match his every arrival with his latest departure stamp.

Therefore, if, as the information you have posted implies, you have since your birth in Thailand never left Thailand with a Thai passport, immigration has no cause to look for a previous entry when you now leave Thailand with your first Thai passport for the first time.

The fact that this will leave an entry without a matched exit in your US passport is a different story. If ever, after leaving Thailand with your new Thai passport, you should make the mistake of using your US passport to enter Thailand, this would be the time that you could get into some trouble.

[Chivas]

The OP entered the country by declaring he was an American citizen. He is therefore subject to Immigration law .

Wriggling and pleading Thainess after running himself into difficulty will, I suspect, not prove to a valid excuse.

As a Thai there were options available which , had they been exercised, would have prevented his overstay.

He now has a simple choice pay or refuse to pay.

Refusal will result in a court case where the Judge may reduce the fine.

Or rightly increase it with Costs.

Pay the Fine as already suggested........

[paz]

The OP entered the country by declaring he was an American citizen. He is therefore subject to Immigration law .

Wriggling and pleading Thainess after running himself into difficulty will, I suspect, not prove to a valid excuse.

As a Thai there were options available which , had they been exercised, would have prevented his overstay.

He now has a simple choice pay or refuse to pay.

Refusal will result in a court case where the Judge may reduce the fine.

Or rightly increase it with Costs.

Pay the Fine as already suggested........

"rightly" according to who? Which costs ?

The OP is not a foreigner . He cannot be punished for overstay in his country. Read posting by Maestro.

[berybert]

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I don't think the OP can be ever sent to a detention center. because at the moment is he approached with his Thai passport in hand,the officers would be would be committing a rather serious crime. Lawyer or not, there is to be seen I doubt they would dare to do that. By the way, detentions is not mandatory, but a faculty of the officer as well the methods by which it is executed.

However I think (again my opinion only), that a judge could still impose a fine, as a sort of admonishment. He could even use a different section of the immigration code, one that is specific to violations by Thai citizens.

The OP entered the country by declaring he was an American citizen. He is therefore subject to Immigration law .

Wriggling and pleading Thainess after running himself into difficulty will, I suspect, not prove to a valid excuse.

As a Thai there were options available which , had they been exercised, would have prevented his overstay.

He now has a simple choice pay or refuse to pay.

Refusal will result in a court case where the Judge may reduce the fine.

Or rightly increase it with Costs.

Pay the Fine as already suggested........

"rightly" according to who? Which costs ?

The OP is not a foreigner . He cannot be punished for overstay in his country. Read posting by Maestro.

He knows you know.

[IMA_FARANG]

I'm not being critical, but this is the same usual advice I give to anyone who is a dual national.

When entering Thailand use your Thai passport.

Always enter and exit on your Thai passport when entering Thailand.

As a Thai citizen with a Thai pasport you do not need a visa, and therefore you can not overstay.

If you are a dual national. and you use your non-Thai passport to enter Thailand you are subject to the immigration rules of of that country .... and you can overstay. Immigration will charge you the same overstay fine they would as any foriegner who had that overstay.

Basic rule: if you arer a dual national, and you enter Thailand on the passport of that other country, Thai immigration will treat you by the same rules as any citizen of that other country.

That is why you should always enter Thailand on a Thai passport if you have one.

[dbrenn]

Since you entered the country on your US passport you come under the immigration rules just like any foreigner entering the country making you liable for the overstay fine.

What you should done was to schedule a low cost flight out of and back into the country and do a passport swap to use your Thai passport on entry.

The only recourse you might have is to contest the fine in a court.

The OP may not want to rock the boat here if his father is American, as section 17 of the Thai nationality act provides for revocation of the Thai nationality for a Thai who chooses to use the nationality of his or her father. Contesting the overstay in court may have unpredictable results.

Leaving quietly on his US passport, paying the 20,000 overstay fine, then returning on his Thai passport may be a better option than fighting it in court and risk losing his Thai nationality.

Thai Nationality Act 2008:

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 good 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.

Edited February 18, 2015 by dbrenn

[paz]

The OP may not want to rock the boat here if his father is American, as section 17 of the Thai nationality act provides for revocation of the Thai nationality for a Thai who chooses to use the nationality of his or her father. Contesting the overstay in court may have unpredictable results.

Thai Nationality Act 2008:

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 good 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.

You don't know what are you talking about.

Thai Nationality "iure sanguinis" from Thai parent(s) CANNOT be revoked under ANY circumstances.

Sec 17, that you quoted out of context, only deals with people got got Thai nationality "iure solis". Something that is not even conceded anymore.

Thais by birth that also have other passports could wave it in face of highest judge, and nothing could be done to them. Sorry if that makes you unhappy.

[Maestro]

The OP wrote simply that he is a Thai national by birth. He did not say that he acquired it "by reason of having been born within the Kingdom of Thailand to an alien father or mother" and as this method of acquiring Thai nationality is quite rare, it seems far-fetched to assume that this was the case for the OP.

[OJAS]

Leaving quietly on his US passport, paying the 20,000 overstay fine, then returning on his Thai passport may be a better option than fighting it in court and risk losing his Thai nationality.

But he could equally leave quietly on his Thai passport and avoid the 20,000 overstay fine, could he not?

Edited February 18, 2015 by OJAS

[samran]

Since you entered the country on your US passport you come under the immigration rules just like any foreigner entering the country making you liable for the overstay fine.

What you should done was to schedule a low cost flight out of and back into the country and do a passport swap to use your Thai passport on entry.

The only recourse you might have is to contest the fine in a court.

The OP may not want to rock the boat here if his father is American, as section 17 of the Thai nationality act provides for revocation of the Thai nationality for a Thai who chooses to use the nationality of his or her father. Contesting the overstay in court may have unpredictable results.

Leaving quietly on his US passport, paying the 20,000 overstay fine, then returning on his Thai passport may be a better option than fighting it in court and risk losing his Thai nationality.

Thai Nationality Act 2008:

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 good 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.

The language here is misleading and not applicable to the OP.

Gaining Thai nationality by being born in the kingdom to an alien father really means a child born in Thailand to foreign parents who have PR, given a child born to two foreign parents with PR gain Thai nationality.

The OP, like many dual nationality children, gain Thai nationality by being born to a Thai parent, rather than a foreign parent. As such, section 17 applies only to a very narrow class of Thai citizen, that is, one born to two PR parents who acquire Thai citizenship because of that fact.

[dbrenn]

Since you entered the country on your US passport you come under the immigration rules just like any foreigner entering the country making you liable for the overstay fine.

What you should done was to schedule a low cost flight out of and back into the country and do a passport swap to use your Thai passport on entry.

The only recourse you might have is to contest the fine in a court.

The OP may not want to rock the boat here if his father is American, as section 17 of the Thai nationality act provides for revocation of the Thai nationality for a Thai who chooses to use the nationality of his or her father. Contesting the overstay in court may have unpredictable results.

Leaving quietly on his US passport, paying the 20,000 overstay fine, then returning on his Thai passport may be a better option than fighting it in court and risk losing his Thai nationality.

Thai Nationality Act 2008:

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 good 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.

The language here is misleading and not applicable to the OP.

Gaining Thai nationality by being born in the kingdom to an alien father really means a child born in Thailand to foreign parents who have PR, given a child born to two foreign parents with PR gain Thai nationality.

The OP, like many dual nationality children, gain Thai nationality by being born to a Thai parent, rather than a foreign parent. As such, section 17 applies only to a very narrow class of Thai citizen, that is, one born to two PR parents who acquire Thai citizenship because of that fact.

Thanks for your informative answer, which was so much more politely and eloquently put than Paz's irritable retort.

My point here was simply that caution is often advantageous before challenging one's right to something so valuable as Thai citizenship, particularly where the letter of the law is not clear and an easy way out is simply to pay the modest 20,000 Baht overstay fine.

Thai laws are often ambiguously worded, and court judgements are often based on precedence for this reason. Now if section 17 concerns revocation of citizenship for PR parents only, but that is certainly not stated in section 17, then a court judgement on this one may go the wrong way, in the (albeit unlikely event) of an overzealous immigration officer trying to challenge the OP's right to citizenship under section 17, and the judge taking the letter of the law at face value.

Are there any precedents of people losing their nationality in this way, I wonder? Risking a legal can of worms like this one by taking immigration to court over a 20,000 Baht overstay fine is certainly not a road that I'd choose to go down.

Edited February 19, 2015 by dbrenn

[samran]

Since you entered the country on your US passport you come under the immigration rules just like any foreigner entering the country making you liable for the overstay fine.

What you should done was to schedule a low cost flight out of and back into the country and do a passport swap to use your Thai passport on entry.

The only recourse you might have is to contest the fine in a court.

The OP may not want to rock the boat here if his father is American, as section 17 of the Thai nationality act provides for revocation of the Thai nationality for a Thai who chooses to use the nationality of his or her father. Contesting the overstay in court may have unpredictable results.

Leaving quietly on his US passport, paying the 20,000 overstay fine, then returning on his Thai passport may be a better option than fighting it in court and risk losing his Thai nationality.

Thai Nationality Act 2008:

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 good 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.

The language here is misleading and not applicable to the OP.

Gaining Thai nationality by being born in the kingdom to an alien father really means a child born in Thailand to foreign parents who have PR, given a child born to two foreign parents with PR gain Thai nationality.

The OP, like many dual nationality children, gain Thai nationality by being born to a Thai parent, rather than a foreign parent. As such, section 17 applies only to a very narrow class of Thai citizen, that is, one born to two PR parents who acquire Thai citizenship because of that fact.

Thanks for your informative answer, which was so much more politely and eloquently put than Paz's irritable retort.

My point here was simply that caution is often advantageous before challenging one's right to something so valuable as Thai citizenship, particularly where the letter of the law is not clear and an easy way out is simply to pay the modest 20,000 Baht overstay fine.

Thai laws are often ambiguously worded, and court judgements are often based on precedence for this reason. Now if section 17 concerns revocation of citizenship for PR parents only, but that is certainly not stated in section 17, then a court judgement on this one may go the wrong way, in the (albeit unlikely event) of an overzealous immigration officer trying to challenge the OP's right to citizenship under section 17, and the judge taking the letter of the law at face value.

Are there any precedents of people losing their nationality in this way, I wonder? Risking a legal can of worms like this one by taking immigration to court over a 20,000 Baht overstay fine is certainly not a road that I'd choose to go down.

Arkady no doubt will be along shortly has he has spent time reviewing offical royal gazette announcements of revocations. From what he has previously written I gather there seems to be only(?) one case he discovered over the years where a british man born in Thailand to PRs and as such had Thai nationality entered Thailand on his british passport and lost his Thai nationality on the basis of using his foreign nationality.

The majority of announcements seem to be voluntary renounciations, usually of women looking to naturalise in countries which don't accept dual nationality.

[paz]

Thanks for your informative answer, which was so much more politely and eloquently put than Paz's irritable retort.

My point here was simply that caution is often advantageous before challenging one's right to something so valuable as Thai citizenship, particularly where the letter of the law is not clear and an easy way out is simply to pay the modest 20,000 Baht overstay fine.

Thai laws are often ambiguously worded, and court judgements are often based on precedence for this reason. Now if section 17 concerns revocation of citizenship for PR parents only, but that is certainly not stated in section 17, then a court judgement on this one may go the wrong way, in the (albeit unlikely event) of an overzealous immigration officer trying to challenge the OP's right to citizenship under section 17, and the judge taking the letter of the law at face value.

Are there any precedents of people losing their nationality in this way, I wonder? Risking a legal can of worms like this one by taking immigration to court over a 20,000 Baht overstay fine is certainly not a road that I'd choose to go down.

I have no issue with causing irritation in individuals that take lengthy verbose efforts in trying to spread wrong information about something that they have not understood, especially when they want to dissuade others that are in their full rights from exercising them.

For the point that you claim to be "ambiguously worded", it is not. The law is perfectly clear: here it is again:

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:

Underlined the key concept: citizenship "iure soli", or "jus soli", that is privilege that Thailand was giving in the past, but not anymore since the 70s (I think). If you don't fully grasp the concept of "jus soli", have a read:

http://en.wikipedia.org/wiki/Jus_soli

So. The knee jerk reaction of "opening a can of worm" belong to your only, and you will be rebuffed for as many times you will repeat your wrong advice. Thai citizenship by birth cannot be even questioned, let alone revoked.

[CWMcMurray]

To the OP... Not sure if there is a Legal requirement for Thai Citizens to enter Thailand on their Thai passport ( I know the US has such requirement)

If so, even getting to the court and arguing you shouldn't have to pay for overstay, would you be opening your self up to not following regulation to enter Thailand on your Thai passport (if there is such a requirement)?

If there is such a requirement, what is the possible penalties involved?

May be worth investigating this issue prior to going Nukelear

[paz]

To the OP... Not sure if there is a Legal requirement for Thai Citizens to enter Thailand on their Thai passport ( I know the US has such requirement)

If so, even getting to the court and arguing you shouldn't have to pay for overstay, would you be opening your self up to not following regulation to enter Thailand on your Thai passport (if there is such a requirement)?

If there is such a requirement, what is the possible penalties involved?

May be worth investigating this issue prior to going Nukelear

I will be glad to be proven wrong, but I believe there is no law or regulation requiring that. The case 's simply not covered in Thai law. So, if something is not prohibited, it's allowed. And from there immigration using an inappropriate section of immigration act to punish Thais that entered with a foreign passport.

[dbrenn]

Thanks for your informative answer, which was so much more politely and eloquently put than Paz's irritable retort.

My point here was simply that caution is often advantageous before challenging one's right to something so valuable as Thai citizenship, particularly where the letter of the law is not clear and an easy way out is simply to pay the modest 20,000 Baht overstay fine.

Thai laws are often ambiguously worded, and court judgements are often based on precedence for this reason. Now if section 17 concerns revocation of citizenship for PR parents only, but that is certainly not stated in section 17, then a court judgement on this one may go the wrong way, in the (albeit unlikely event) of an overzealous immigration officer trying to challenge the OP's right to citizenship under section 17, and the judge taking the letter of the law at face value.

Are there any precedents of people losing their nationality in this way, I wonder? Risking a legal can of worms like this one by taking immigration to court over a 20,000 Baht overstay fine is certainly not a road that I'd choose to go down.

I have no issue with causing irritation in individuals that take lengthy verbose efforts in trying to spread wrong information about something that they have not understood, especially when they want to dissuade others that are in their full rights from exercising them.

For the point that you claim to be "ambiguously worded", it is not. The law is perfectly clear: here it is again:

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:

Underlined the key concept: citizenship "iure soli", or "jus soli", that is privilege that Thailand was giving in the past, but not anymore since the 70s (I think). If you don't fully grasp the concept of "jus soli", have a read:

http://en.wikipedia.org/wiki/Jus_soli

So. The knee jerk reaction of "opening a can of worm" belong to your only, and you will be rebuffed for as many times you will repeat your wrong advice. Thai citizenship by birth cannot be even questioned, let alone revoked.

Are you a lawyer? What makes you so sure that any idiot immigration officer (who enjoys taking advantage of legal grey areas) wouldn't threaten the OP with his interpretation of section 17, like use of other nationalities, when the wording of section 17 is not clear at all. Only precedence of how this law is applied can tell us that.

Not worth risking it for 20,000 Baht.

According to you, there are no legal grey areas in Thailand, the law being perfectly clear, black and white and all that. Maybe you are so hard up that the 20,000 overstay is worth risking a prolonged court case and potential threat of loss of a citizenship for?