PM defends the use of administrative order against Ms Yingluck as necessary

[webfact]

PM defends the use of administrative order against Ms Yingluck as necessary



BANGKOK: -- Prime Minister Prayut Chan-ocha defends the use of an administrative order to claim compensation for the loss incurred by the mismanagement of the rice pledging scheme from former prime minister Yingluck Shinawatra.

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

He insisted that administrative order was not Section 44 of the interim charter and it was not a new law. He, nevertheless, said that the order could not force Ms Yingluck to pay the compensation if she refuses to accept it and, instead, take the case to the Administrative Court.

The prime minister’s above remarks was in response to an open letter she submitted to him on Tuesday through her lawyer. The letter asked the prime minister for fair treatment by letting the case to go through normal court proceedings instead of through the use of an administrative order to claim compensation from her.

The prime minister said he didn’t know what was the real motive for the submission of the open letter by Ms Yingluck. As the prime minister, he said he was duty-bound to demand compensation for the loss but, at the same time, he must make sure that the action to be taken should not be seen as a bully against Ms Yingluck.

Source: http://englishnews.thaipbs.or.th/pm-defends-the-use-of-administrative-order-against-ms-yingluck-as-necessary


-- Thai PBS 2015-10-13

[AGareth2]

Draconian laws are not popular

[whatawonderfulday]

Oh dear another nail in his coffin

[lovelomsak]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

[baboon]

And the provocations continue. Another excuse as to why there will be no elections next year is now in reserve: 'We would have loved to, but unfortunately due to the disqiet of some sectors of society even after all we have done to bring about reconciliation...'

[than]

Draconian laws are not popular

But it is necessary.....

[baboon]

Draconian laws are not popular

But it is necessary.....

It certainly is if the goal is to maintain the polarisation of society for your own ends.

[chainarong]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

[baboon]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

No worries, we'll just stage a coup in that case. Sorted.

[waitforusalso]

'PM defends the use of administrative order against Ms Yingluck as necessary' to get her to finally do a runner!

[Usernames]

Tax.

[tbthailand]

but, at the same time, he must make sure that the action to be taken should not be seen as a bully against Ms Yingluck.

yeah, good luck with that...

[Baerboxer]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

It's only illegal in your mind.

[Baerboxer]

'PM defends the use of administrative order against Ms Yingluck as necessary' to get her to finally do a runner!

No chance of that. Her brother wants his martyr - and he won't care about her as long as it benefits himself.

The administrative order is necessary to avoid statute of limitation issues, which her defense lawyer was hoping to use as a get out following all the usual delaying tactics. YL can still refuse to pay, and the matter then goes to the administrative court.

I doubt she'll pay a single baht, and even less chance of doing jail time. All the usual bluffs and counter bluffs the rich elite hoy poloy love to play.

[h90]

Draconian laws are not popular

But it is necessary.....

It certainly is if the goal is to maintain the polarisation of society for your own ends.

I and I guess many Thais don't want to pay the compensation for Yingluck. And this is what happens. Money doesn't grow on the tree so the lost money must be recovered with the tax and so everyone pays more tax because of her.

Better she pays than I pay or Mr. Motorbike Taxi pays.

[tbthailand]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

It's only illegal in your mind.

and in the minds of many others.

Look, this "government" has control of the country.

But that doesn't make this "government" legitimate.

[halloween]

It's only illegal in your mind.

and in the minds of many others.

Look, this "government" has control of the country.

But that doesn't make this "government" legitimate.

I'm sure they will struggle on without your stamp of approval.

[waldroj]

Just remember, time wounds all heels!

[scorecard]

'PM defends the use of administrative order against Ms Yingluck as necessary' to get her to finally do a runner!

That could be interesting:

- I guess she still to get permission to leave the country.

- Or, will she do a jump the border and board big brothers private jet (if he still has one - lots of comment about how his fortune has now receded somewhat).

[sjaak327]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

It's only illegal in your mind.

No, anyone that respects the 2007 charter would have to classify this as illegal. But we understand you can scream when PT or anyone named Shinawatra allegedly breaks the law, whilst condoning the breaking and abolishing of the law when your perceived "good guys" do it,

Of course that immediate puts you out of the discussion and you can't be taken seriously.

[webfact]

POLITICS
Yingluck case to go ahead, PM says
WASAMON AUDJARINT
THE NATION



BANGKOK: -- PRIME MINISTER Prayut Chan-o-cha insists that his government will go ahead with a civil compensation claim against former prime minister Yingluck Shinawatra to recover losses from her government's rice-pledging scheme.

However, Yingluck has written open letters to Prayut and Finance Minister Apisak Tantivorawong asking for fairness in the Bt500-billion compensation case, which she insisted was unlawful because administrative laws do not cover members of Parliament and the Cabinet.

In her letters she also urged Prayut to review the civil compensation claim filed with the Administrative Court against her, to which the PM responded yesterday by saying: "We can't just skip laws."

Yingluck is facing a civil compensation claim under the Act on Liability for Wrongful Act of Officials BE 2539.

Prayut has also said he would enforce his absolute power under Article 44 in this case, as it will only make matters more complicated.

"This is an administrative matter. If [Yingluck] wants, she can appeal to the Administrative Court.

"It is clearly written in the law that the PM and ministers are covered," Prayut said, responding to Yingluck's argument that administrative measures can only apply to the prime minister's subordinates.

Meanwhile, former PM and Democrat Party leader Abhisit Vejjajiva said Yingluck's open letter to Prayut could be considered a tactical move to counter legal action being taken against her.

In addition to the criminal offence being considered by the Supreme Court, Yingluck is facing this massive compensation claim in the Administrative Court under the Administrative Procedure Act's Section 57.

According to Abhisit, Yingluck's explanation of her position in the rice-pledging programme stated in the open letter to Prayut may also serve as a |crucial point in her legal defence |against criminal charges in the Supreme Court.

As a politician, Yingluck needs public space to clarify the issue, he said, adding that he believes the government is in its rights to exercise its authority under Section 57 of the Administrative Procedure Act to seek compensation from Yingluck. Her government's rice-pledging scheme caused huge losses because it set the price of rice much higher than world market prices, he claimed.

Government Spokesman Maj-General Sansern Kaewkamnerd said the government had no choice but to proceed quickly with the claim or it could face negligence charges, as there is a statute of limitations.

Meanwhile, Yingluck's lawyer Norrawit Larlaeng yesterday handed a six-page open letter in Thai and a five-page letter in English to both Prayut and Apisak.

The letter claimed that the Act on Liability for Wrongful Act does not cover the prime minister, while Norrawit cited Article 4(1) of the Act stating that the act does not apply to members of Parliament and Cabinet. He also claimed that this act had never been used against any previous prime ministers.

The letter also asks the government to take up court proceedings after the investigation ends, instead of adopting measures based on Article 57 of the Act on Administrative Procedures, which allow the authorities to seize properties from the defendant.

Source: http://www.nationmultimedia.com/politics/Yingluck-case-to-go-ahead-PM-says-30270831.html


-- The Nation 2015-10-14

[MaiChai]

Yinglucks government is responsible for the huge losses and they should be made responsible. However Prayut could be much more transparent about the process? There has been loads of reports in the past about the big losses but nothing has ever been done to recover monies. Seize Shinwatra assets? Will be interesting to see how this pans out?

[losgrad]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

So, curious as I am unfamiliar with Thai laws: if a sitting PM agrees to the payment of an overpriced railroad or yellow submarines, then later can they be held financially responsible?

[ldiablo]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

As much as i agree with you in most aspescts of your quote the one thing i have to disagree with is the PTP winning the next election for the simple reason of, there won't be another election anytime soon as long as Prayut is still alive on this earth.

[ldiablo]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

It's only illegal in your mind.

No. It's only legal in your and 3 or 4 others minds.

If i could say what i really think occured during that time of transition i would. But with the draconian laws in place in Thailand i will pass on that and simple say. Long live the king.

[smutcakes]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

So, curious as I am unfamiliar with Thai laws: if a sitting PM agrees to the payment of an overpriced railroad or yellow submarines, then later can they be held financially responsible?

There appears to be an arbitrary amount of losses over which it needs to be paid back. That amount is decided on a whim. Not only do you need to meet that arbitrary indicator which is a target never set before, but you also need to have a certain political affiliation, and add to that your surname must be Shinawatra. So as you can see it is a very lightly used law, and it unlikely to be used much in the future....the 1000's of other schemes, bribes, purchasers, money give aways by every Government in the history of man kind fail to meet the criteria, especially the final one, so there is no need to investigate them.

[aussieinthailand]

Question, Has there been any proof irrefutable that Yingluk profited financially from the rice scheme that was hijacked into a scam? If yes then let the chips fall where they may. Do any here on TV truly believe that this rice scheme was purposefully implemented to line the pockets of Yingluk?

Or is it possible that those tasked to insure it to be run honestly did not do their job and some acted illegally and corruptly? such as ministers, rice millers, storage large commercial rice producers? are in-fact responsible for the situation?

But I would suggest that those that DID profit illegally should be held responsible and compensation claimed.

But some would suggest that he head of the department needs to take responsibility for the actions of others in that department ; ie resign.

If that equation is to be applied then wouldn't it also be applied against all sectors that have broken laws? like hmmm those involved in human trafficking?

Now whom were involved in that? Navy, Army, BIB, local Government, why are the heads of each department not being removed and compensation claims being made against them? After all the current PM has just been quoted as "We can't just skip laws" Now some could also say that laws were skipped just day's after the coup so it would seem that depending on who you are could determine when laws apply and when they don't apply, funny that.

[Equalizer]

Seems to me this man likes being the prime minister. I think the Thai people will need to drag him kicking and screaming from office.

[JAG]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

So, curious as I am unfamiliar with Thai laws: if a sitting PM agrees to the payment of an overpriced railroad or yellow submarines, then later can they be held financially responsible?

If: they were elected and not self appointed because they had the guns, they had not had the presence of mind to award themselves an amnesty as their first act after grabbing power, and if they are not drawn from an established governing class.

Academic really anyway. This bunch are not relinquishing power.

[zaphod reborn]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

So, curious as I am unfamiliar with Thai laws: if a sitting PM agrees to the payment of an overpriced railroad or yellow submarines, then later can they be held financially responsible?

Yes, but only if the act was in violation of the authority, procedures and processes set forth in the enabling legislation. With the rice scheme, the enabling legislation did not provide for spending of in excess of THB600 billion to cover losses of the program. The PM was supposed to monitor the finances and management of the program, require proper accounting and audits, and propose legislation or regulations to keep the program within the confines of the enabling legislation.

Yingluck is alleged to have negligently allowed the program to exceed the boundaries set by the enabling legislation and that resulted in substantial losses to the government. Almost all democratic governments have constitutions that provide for immunity for such negligence. Thailand has never provided its office holders with legal immunity.

There were two approaches Prayuth could have taken to pursue a civil recovery - file a civil court action or proceed with an administrative order, to which Yingluck could challenge in the Administrative Court. Because there is a two year statute of limitations on this tort (same as in most nations), Prayuth elected to go the administrative route, which puts the burden on Yingluck to bring the court action.