Passport Control: Phuket police confirm will hold passports as they see fit

[steffi]

What happens if your passport is due to expire before being handed over and expires by the time you get it back?

Can't you just go and get another passport

If your passport expires whilst it is in police custody then they are left with something that is largely worthless.

[Mot Dang]

I can almost guarantee that they wont hang onto a Chinese or Iranian passport. They all got a gold "PASS GO" cards.

[Stevemercer]

While it may be against international conventions and law for the police to confiscate your passport, they can ask that you 'voluntarily' give it up. If the alternative is an indefinite wait at the police station, or jail, I guess you will 'voluntarily' leave it with them.

[bazza40]

Passports remain the property of the government of the issuing country. In the case of the UK that technically means the document is the property of HER BRITANNIC MAJESTY QUEEN ELIZABETH the second. That little nuggest should scare the proverbial out of any Thai cop. As I understand it technically within the Kingdom insulting anybody's royalty is by implication seen as an insult to His Majesty.

Aren't you assuming a Thai cop can read and comprehend the English language?

Edited February 6, 2016 by bazza40

[mcfish]

Stay out of trouble, never rent anything.. No problem.. Surely it's not rocket science

Sent from my SC-01D using Tapatalk

If that guy in the uniform says you've done something wrong, even though you know you haven't..... you HAVE done something wrong. So I'm afraid you're wrong. That's not rocket science either

This has been going on for centuries around the globe, not just thailand and even a pea brain knows you got problems if the law wants your ass

Sent from my SC-01D using Tapatalk

[White Tiger]

As I understand it, when a passport is lost or stolen and you want a replacement then, for the British embassy least, you need to file a report with the police about your missing passport and give a copy of the police report to the embassy.

Having your passport seized by the police is not quite the same as misplacing it or it being stolen. Presumably the Thai police would give you a receipt for your passport were they to seize it, and that receipt would be acceptable to the embassy to enable them to issue a replacement passport. But it would be interesting to know how the British embassy would deal with a request for a replacement passport in the situation where the passport had been seized by the police.

[Suradit69]

First question would be - do the "boys" have the legal right to confiscate and hold a passport? I thought that they don't. My belief is that it would require an order from the court.

Presumably the alternative would be to cool your heels in a lockup, if they consider you a flight risk, until a court either sets the amount of bail or refuses an application for release on bail.

[bazza40]

Phuket seems to attract so much negative publicity I'm wondering why anyone would want to go there.

The Inland Revenue of the USA wanted me to submit my Australian passport relative to a tax declaration. I was supposed to post them the passport, then get it back by paying return postage. I told them to go f##k themselves. Think you Yanks need a second American Revolution, the first didn't work.

[phil2407]

If the BIB can't legally take your passport without a court order - and they try to can you charge then with theft and make citizen's arrest ????????

[kingalfred]

In Canada the passport does not belong to the individual, it belongs to the Canadian Government. Don't know about other countries

yes true in most if not all countries.But nothing to do with a foreign police force other than to "look at" temporarily!

[kingalfred]

Phuket seems to attract so much negative publicity I'm wondering why anyone would want to go there.

it's a scamming s****hole but some seem attracted to that!

[Kangaloo]

I was pulled up for drink riding, spent the night in the nick, went to court the next day, paid near on 10,000 Baht and was told that if I wanted my passport back I had to pay 20,000 Baht or they would give me to immigration for deportation, but that problem could go away for an extra 50,000 Baht.

The Patong police said " We know what we are doing is illegal but the big boss wants money under the table"

I rang my Thai mate and he had it all quashed within 10 min....

[cumgranosalum]

Sorry haven't read this thread......... but is that even LEGAL under international law? Aren't passports property of the government issuing?

Edited February 6, 2016 by cumgranosalum

[ozyjon]

Under customary international law, passports are the property of the state which issued them In the case of a British passport, for example, the document belongs to the British government and not to the passport holder. The international case-law is clear - the impounding of a foreigner's passport is impermissible interference with the jurisdiction of the issuing State

You are right sir, this was stated in a recent tv program where a

Thai wife blackmailed her Australian husband to give her money

then she would return his passport, the Aust, embassy got involved

and like you stated, the passport belongs to the Australian government.

Second Point;

We are a guest in this country, not a citizen, you have ABSOLUTELY

NO RIGHTS, so why do so many people act like they have rights?

You have none, that stamp or piece of paper in your passport says,,

''you are allowed to stay in my house until the date stated'' after that,

get the hell out,,,,

[Nigeone]

Some of these comments make me smile...Phuket is what it is and I won't go near the place and made that decision 16 years ago.

As for the bravado comments on here about what people would do if the BiB try to take someone's passport is not realistic. The fact is they can do what they want illegal or not and if you don't go along with there scams and requests they can make your life very very difficult. Yes it's wrong but the reality of it is most sensible persons will hand over there passport to save been probably banged up. Thailand now scares me as the direction it's going it's not looking very good for Ex pats and visitors...Very sad but the powers that be continue to shoot themselves in the foot !

[SiSePuede419]

"The Inland Revenue of the USA wanted me to submit my Australian passport relative to a tax declaration. I was supposed to post them the passport, then get it back by paying return postage. I told them to go f##k themselves. Think you Yanks need a second American Revolution, the first didn't work."

You're right. Americans need a revolution to take back our country from Rich Aussies who do business in America, yet think they shouldn't have to pay taxes on profits...earned in America.

As far as Thailand, there will be no revolution. Make a color, double-sided copy of your passport with your visa on the back. Keep your passport in a safe place. Keep your nose clean, 555

[bazza40]

"The Inland Revenue of the USA wanted me to submit my Australian passport relative to a tax declaration. I was supposed to post them the passport, then get it back by paying return postage. I told them to go f##k themselves. Think you Yanks need a second American Revolution, the first didn't work."

You're right. Americans need a revolution to take back our country from Rich Aussies who do business in America, yet think they shouldn't have to pay taxes on profits...earned in America.

As far as Thailand, there will be no revolution. Make a color, double-sided copy of your passport with your visa on the back. Keep your passport in a safe place. Keep your nose clean, 555

Rich Aussies who do business in America? They are not rich for very long. Think BHP with Magma Copper, repeat with shale leases. NAB with their Homeside debacle.

Profits earned in America? Try Australia. Google, Apple, Chevron and News Limited do enough profit shifting from Australia to pay derisory taxes on their real profits. Manufactured loans and fictitious interest rates to reduce profit to nominal amounts.

I've always thought when you shake hands with an American on a business deal, you count your fingers afterwards. 555

[Thaidream]

While I agree the police can make your life miserable, remember this, that they know when it is a scam and if you stand up and tell them to take you to the station to see their boss, most of the time they will back down. They are looking for easy targets. The minute you hand them a passport for no reason you have lost the argument.

[LivinginKata]

While I agree the police can make your life miserable, remember this, that they know when it is a scam and if you stand up and tell them to take you to the station to see their boss, most of the time they will back down. They are looking for easy targets. The minute you hand them a passport for no reason you have lost the argument.

Best of luck with that sort of strategy ... higher up you go in the system = more money wanted.

But I do agree with resist hand over passport as long as possible ... even then insist on a court order ... and hold you nerve while sitting in a communal police station jail ...

[MadDog2020]

Passport Control: Phuket police confirm will hold passports as they see fit

Eventually, after several phone calls by The Phuket News, the claim was quickly settled, and the foreigner was allowed to conduct a “visa run” so that he may legally continue to stay in the country and work.

So why would this guy have to do a "visa run" so that he could legally continue to stay in the country and work?

Sounds fishy to me.

[metisdead]

A nonsense post has been removed.

[stevenl]

Passport Control: Phuket police confirm will hold passports as they see fit

Eventually, after several phone calls by The Phuket News, the claim was quickly settled, and the foreigner was allowed to conduct a “visa run” so that he may legally continue to stay in the country and work.

So why would this guy have to do a "visa run" so that he could legally continue to stay in the country and work?

Sounds fishy to me.

That would be the case if first year on non immigrant B visa.

[Dumbastheycome]

Under customary international law, passports are the property of the state which issued them In the case of a British passport, for example, the document belongs to the British government and not to the passport holder. The international case-law is clear - the impounding of a foreigner's passport is impermissible interference with the jurisdiction of the issuing State

Correct. A Passport is the property of the issuing countries authorities as a verifiable validation of the passport holders identity. No other countries authorities have any right to hold or confiscate but they do have the natural right to confirm the validity. For that purpose a copy is sufficient.

Similarly Passport holders do not have the right to deposit or surrender the property of their issuing Governments authorities for any purpose. Sighting or a copy of the relevant information contained is sufficient.

Exceptions are when the passport holder is a citizen of the issuing Government which is authorized by court order to with hold in that country or by the Government in another country with the explicit permission, request or agreement of the appropriate Passport issuing countries authorities.

Regardless of the relevance or irrelevance of the incidental circumstances where a passport is confiscated in a foreign country that confiscation should be reported asap to the Consular or Embassy of the Passport holder as an offence of international diplomatic convention.

Diplomatic convention does not protect individuals from culpability for transgressions of law but in theory at very least does provide holders of validated passports an identity. That identity can provide the individual with Diplomatic assistance in a situation of serious illegal duress or extortion.

"Holding Passports as they see fit" contravenes international diplomatic law.

[bangon04]

As is unfortunately so common in Thailand, people use passports as surety for various civil business transactions, with those keeping the passports as surety, thinking they are of major financial value and will guarantee payment of a civil debt by their holder.

This sadly is not a fact, as I have seen multiple instances where someone has been left with a now valueless passport and an irate embassy legally demanding its return to the embassy in question.

A civil case is very different to a criminal case, as in Thailand, embassies on a daily basis issue a cheap temporary passport for one that has been lost lost or "mislaid" thus allowing the holder to depart the kingdom at will. Often this is because of an unsolved commercial matter!

Every case is different and both Thai's and foreigners are badly done by this sort of scenario.

As long as you are not blacklisted from leaving Thailand by a court or in a rare exception police, you may leave at will on a temporary passport!

Just keep in mind that if you leave early there is the potential of a civil case being started and completed in your absence and then a criminal case being started and completed in your absence to seek financial compensation. In this situation, you will be arrested at the airport on arrival and taken in hand cuffs to a police station and a court!

My underlining - you may leave at will on a temporary passport - issued by your embassy, but without the valid Thai Visa or the valid Entry Stamp or the TM6 ?? Surely there are many more hurdles to go through....

[cyberfarang]

So if tourists on holiday in Thailand only have a few days before flying back home and unfortunately gets involved in a minor traffic accident just before that, the police can hold on to their passports until the matter is settled. This in effect means the tourists would be held to ransom in Thailand until they pay up whether in the wrong or not and my guess is that most tourists would be demanded to pay way over the odds and would pay up in desperation rather then miss their flights.

Great incentive for Thais to deliberately have a traffic accident with a tourist knowing that the tourists are going against the odds. Scam victims waiting to happen.

I wonder if tourists are aware that their dream holiday in paradise can easily turn into a nightmare at the most trivial of matters?

[LivinginKata]

So if tourists on holiday in Thailand only have a few days before flying back home and unfortunately gets involved in a minor traffic accident just before that, the police can hold on to their passports until the matter is settled. This in effect means the tourists would be held to ransom in Thailand until they pay up whether in the wrong or not and my guess is that most tourists would be demanded to pay way over the odds and would pay up in desperation rather then miss their flights.

<snip>

Great point and very true ..

[sawadee1947]

Under customary international law, passports are the property of the state which issued them In the case of a British passport, for example, the document belongs to the British government and not to the passport holder. The international case-law is clear - the impounding of a foreigner's passport is impermissible interference with the jurisdiction of the issuing State

You are right sir, this was stated in a recent tv program where a

Thai wife blackmailed her Australian husband to give her money

then she would return his passport, the Aust, embassy got involved

and like you stated, the passport belongs to the Australian government.

Second Point;

We are a guest in this country, not a citizen, you have ABSOLUTELY

NO RIGHTS, so why do so many people act like they have rights?

You have none, that stamp or piece of paper in your passport says,,

''you are allowed to stay in my house until the date stated'' after that,

get the hell out,,,,

you are absolutely right. We as foreigners have no voice, no rights. They can do with us what they want. And to rely on our embassies....? Forget it. So all these discussions about "rights" are useless. If you insist on "rights" or "justice" you have chosen the wrong country.

[sawadee1947]

So if tourists on holiday in Thailand only have a few days before flying back home and unfortunately gets involved in a minor traffic accident just before that, the police can hold on to their passports until the matter is settled. This in effect means the tourists would be held to ransom in Thailand until they pay up whether in the wrong or not and my guess is that most tourists would be demanded to pay way over the odds and would pay up in desperation rather then miss their flights.

<snip>

Great point and very true ..

NO. You will get a provisionary passport from your embassy to leave the country.

[LivinginKata]

you are absolutely right. We as foreigners have no voice, no rights. They can do with us what they want. And to rely on our embassies....? Forget it. So all these discussions about "rights" are useless. If you insist on "rights" or "justice" you have chosen the wrong country.

Unfortunately I completely agree. My country embassy in Thailand - forget it ... a joke. Not interested. Justify by underfunded and budget cuts ...

[Catoni]

I believe it is correct that for almost any passport in the world, it remains the property of the issuing government .....whatever nationality you are. There may be a few exceptions..... but for the U.S., Canada, Britain, Europe, Australia etc.....the major western nations.... ..... the passport remains the property of the issuing government... .not the person carrying it.