Hong Kong journalist charged but released on bail



BANGKOK: -- Anthony Kwan, a reporter with Hong Kong startup Initium Media, was released yesterday on bail but was not allowed to leave the country.

He was charged with possessing body armor at the Samut Prakarn provincial court by the police after he was caught at Suvarnabhumi Airport on Sunday after an an X-ray scan discovered body armor and a helmet in his luggage.

According to KhaoSod English, Suvarnabhumi police said he was later yesterday sent to stand trial at Samut Prakarn Provincial Court and not the military court as earlier reports suggested.

The court later granted him temporary release on bail, his lawyer from the Human Rights Commission said.

His passport was seized and was not allowed to leave the country pending the trial.

Under the bail condition, he has to report to the Court every 12 days, and the first hearing of his case was set on September 7.

Under the Military Equipment Control Act of 1987, possessing protective body armor is a criminal offense punishable by up to five years in jail.

Kwan, who was in Bangkok covering the bombing of the Erawan Shrine for his media firm, earlier said he was not aware of the law when his company sent him the armor to wear for his protection, according to Suvarnabhumi police.

According to his personal website, Kwan lived in Minnesota, USA, and began a career in photojournalism in 2011. Last year he was in Hong Kong covering massive street protests there.

In a statement yesterday the Foreign Correspondents Club of Thailand said it was “dismayed” by the news.

“Body armour and helmets used by journalists are not offensive weapons and should not be treated as such. … the use of body armour and helmets is routine by journalists around the world, and is clearly to enable them to do their jobs in dangerous situations.”

Since the 17 August bomb attack, which killed at least 20 people including two from Hong Kong, foreign correspondents have descended en masse on Bangkok to cover the story, likely unaware of the ban. Use of protective gear is common among journalists on potentially dangerous assignments, and some media firms require their employees to do so, the statement said.

In 2010 Italian journalist Fabio Polenghi and Japanese cameraman Hiro Muramoto were killed by gunfire while covering anti-government protests in the Thai capital.

The correspondents club unsuccessfully called for the law’s repeal at the time and renewed that call yesterday.

“We urge the authorities not to press ahead with the criminal case against Mr Kwan, and to work with the media community in Thailand to decriminalise the legitimate use of body armour and other relevant and purely protective items,” its statement read.

Source: http://englishnews.thaipbs.or.th/hong-kong-journalist-charged-but-released-on-bail


-- Thai PBS 2015-08-25

Disgraceful. How far is this place going to be allowed to sink I wonder. I hope the authorities are shamed into backtracking here

Just when I thought Thailand could sink no lower they sink lower. Thailand is its own worst enemy

of course the journalist has body armor. A bomb just exploded in down town Bangkok. I was thinking I should get some also.

Dear Thailand, can we now stop doing silly and idiotic things, on a daily basis. I like it here and you are not doing your reputation any good and with this, yet another example of the courts really not un touch with reality and the rest of the modern world.

That's why it's called a developing country, just like a small baby it needs to grow into an adult. Thailand has yet to reach this point, and clearly when you read articles like this, you understand why.

It is ok for a Thai policeman to carry a gun on a flight to Japan, this is crazy, wake up Thailand you are going backwards to quickly now!

AMAZING THAILAND !!!

We live in the 21st century, you would think that someone in charge, would have the common sense to see this was just plain stupid. Instead they then compound the mistake, and make an issue which is going to have repucussions far and beyond Thailand. The sad thing is they just can't see it.

It is ok for a Thai policeman to carry a gun on a flight to Japan, this is crazy, wake up Thailand you are going backwards to quickly now!

Ah, but he was a big-shot cop decorated by Pol Capn. Thaksin, no-less, so that makes him an untouchable poo-yai. But a HK journalist who may have written something unflattering about the state of the nation at some point doesn't even register in the social hierarchy, so must abide by the laws of the land (no matter how archaic and impractical they may seem) and be shown his place, when they are infringed. And he will be told in no uncertain terms to plead guilty, as ignorance is no defence (though claiming someone else stuffed the body armour and suit in your bag and you had no knowledge of its existence, might just let you off the hook).

I hope the authorities are shamed into backtracking here

I suspect he'll get off. The law has been on the books here for some years and has been widely ignored, even when journalists have appeared on camera wearing body armor. Why they chose to enforce it with this fellow I don't know (unless you choose to believe the conspiracy theories), but I think even the government is beginning to realise that it was rather misjudged, coming at the time it did.

ignorance is not an excuse, which i was told once

“We urge the authorities not to press ahead with the criminal case against Mr Kwan, and to work with the media community in Thailand to decriminalise the legitimate use of body armour and other relevant and purely protective items,” its statement read.

This is too sensible, too logical, too sane; Thailand isn't having any of this logic, because it does not fit into their country-centric view of "Thainess".

Edited August 25, 201510 yr by oneday

This country seems to get rotten more and more by its own way of acting like monkeys who just came from the trees into this modern world!

Its now sooner the country of no freedom, no fair and reliable justice and neither and getting more closer to the way of life we know from North Korea!!!!!!!!!!!

Is that the way Thailand wants to tramp????

Yes i know we are all stupid and ignorant "farangs" who MUST learn that Thailand must be different to fill up the lack between trust and truthful living and govern and despotism, misjudgements and poor decisions nobody wants to confess

How many HUNDREADS of times have Jurnos been wearing these publicaly in Thailand during all the riots?

Thailand get a Bronze medal with the Murder by Firearm race in Every country inthe world. And this doesn't include all the deaths that the police call sucides !!

NO JOKE, Check it out here: http://www.nationmaster.com/country-info/stats/Crime/Murders-with-firearms

Edited August 25, 201510 yr by Chao Lao Beach

what is the significance of wearing a bullet proof vest aboard a plane are there rules about what you can and cannot wear ?

what is the significance of wearing a bullet proof vest aboard a plane are there rules about what you can and cannot wear ?

Every airline has terms and conditions in the small print nobody ever reads..

Try getting on a plane without a t-shirt never mind a bullet proof jacket lol

what is the significance of wearing a bullet proof vest aboard a plane are there rules about what you can and cannot wear ?

It was in his check-in luggage. Please read before typing.

I suspect this guy has been targetted for some reason. Military govts don't like journalists very much. Maybe they are doing a favour for the Chinese. He may have upset the CCP.

its time Thailand moved forward because at the moment it seems to be regressing most of the laws are archaic and need to be brought up to date and I think this is one of them.

Disgraceful. How far is this place going to be allowed to sink I wonder. I hope the authorities are shamed into backtracking here

Standard kit for a journo these days especially ukraine, gazza strip, however did he recieve the kit b4 the berm blast ?

To be fair these items are illegal in many countries all over the world for actually sensible reasons.

However in most it is easy to get a permit to have them, especially for journalists etc.

Did he and/or his employers not know the law here? They should have.

On another note, why in his check in luggage? I doubt it would have been flagged in his checked in luggage.

Seriously though they should just give a token slap on the wrist and let him go.

It wont do the countries PR much good at all.

We live in the 21st century, you would think that someone in charge, would have the common sense to see this was just plain stupid. Instead they then compound the mistake, and make an issue which is going to have repucussions far and beyond Thailand. The sad thing is they just can't see it.

Waiting for that glorious day when the light bulb over their heads...finally illuminates!

There are dozens of Thai MILSIM groups, who all have top of the range gear for air softing, Some even appear at village shows etc, airsofting and milsim are very popular in Asian countries.

They import their gear from all over the globe, some pay thousands of $$$$ for having original items such as 6094 plate carriers, Ops Core Ballistic Helmets etc. All very much military grade.

I flew into the country from Iraq last week with two sets of the stuff, in my hold luggage, nothing was ever said, mind you they never checked, I also plan to take my lightweight set of plates back to Iraq in a months time when my leave is over, it will be going in my check in luggage as normal, one look at my passport and Iraq visa plus my company ID should be enough for them to see it's legitimate use.

I'm curious as to this guy however, as originally I heard he had the gear in his carry on luggage, your checkin luggage doesn't get checked at all prior to heading off to departures, as far as I'm aware, it all gets x-rayed with the rest of the stuff being loaded, and certainly not when you're present.

We live in the 21st century, you would think that someone in charge, would have the common sense to see this was just plain stupid. Instead they then compound the mistake, and make an issue which is going to have repucussions far and beyond Thailand. The sad thing is they just can't see it.

Waiting for that glorious day when the light bulb over their heads...finally illuminates!

exakory, only an offence if premeditated bombing/ news is suspected, however, given that they have let one suspect go on a false passport speaks volumes for forensic investigators.

Fix the cameras

All you men and women wearing Armour underwear should be warned you may be in violation of Thai law.

As with most things Thai, this is idiotic. If they are going to go forward with this, why not get him to trial, give him a slap on the wrist and a small fine and be done with it. He now needs to remain in Thailand at his expense and the story (embarrassment for the Thai Government) does not go away. It will now appear in the news for weeks/months if the Thai justice system works in its normal slow manner.

looks very much like intellect and common sense are against the law.

what is the significance of wearing a bullet proof vest aboard a plane are there rules about what you can and cannot wear ?

Copied and pasted from the first line of the OP.

He was charged with possessing body armour at the Samut Prakarn provincial court by the police after he was caught at Suvarnabhumi Airport on Sunday after an an X-ray scan discovered body armour and a helmet in his luggage.

Edited August 26, 201510 yr by billd766

The only luggage you get x-rayed is your hand luggage, prior to going into departures, your hold luggage gets x-rayed after it's been checked in, when you don't see that happening, and it's LEAVING the country, charging this guy for the horse bolting is ... well quite typical of how things seem to work here in Thailand!!

Ironic that in a place where the army loves shooting its citizens, that it's illegal for citizens to own a bullet proof vest!

The only luggage you get x-rayed is your hand luggage, prior to going into departures, your hold luggage gets x-rayed after it's been checked in, when you don't see that happening, and it's LEAVING the country, charging this guy for the horse bolting is ... well quite typical of how things seem to work here in Thailand!!

Back in 2007 I was working in PNG and came home on a visa run. The security guys I used to work with gave me one of their sticks and I stuck it in my hold baggage. On the flight from Mt Hagen there were guys with spears, machetes, bows and arrows etc as cabin baggage. It was only a local flight with normal PNG rules.

I changed flights at Port Moresby, flew to Singapore and stayed overnight at the Changi airport hotel. As i went to check in the following morning I was called forward and 2 Singapore airport police took me downstairs to an open area (I got some VERY strange looks) where there was just a baggage trailer with only my bag on it. They asked me what was in it so I told them and I had to open the bag and show them the stick. They were happy then so I had to shove everything into the bag which was taken away and rush upstairs with the police and then go through boarding etc and in to my seat.

Bear in mind I landed the night before on an Air Niugini flight and flew to BKK on Thai but my hold baggage was xrayed before it was loaded again in Singapore.

The flight to BKK was uneventful.