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Watch out if using an E-Cigarette in Hua Hin!


drink75

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Just spent an hour on the roadside after a random police check landed me in trouble for having my E-Cigarette in the car.

 

My understanding on the legality of these devices was that they are illegal to import or sell on the grounds that there is no VAT on them but personal use it's fine. Apparently, as shown to me today by the policeman shaking me down, the law has changed and possession of an E-Cigarette will lead to a fine of 5 x it's value.

 

Also, I was told that I would have to spend the night in the local nick awaiting trial in the morning!! <deleted>!

 

I called my wife and THB5,000, and 60 minutes later I'm at home where I have promised to keep my beloved E-Cigarette.

 

Can't see anything in English about the change in law but if you are an E-Cigarette user, be warned, if only that you may be open for a similar shakedown.

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Found this... it seems it's opens season on e-cig users if some enterprising cop wants to use an obscure 30 year old law to line his pockets.

Who's going to risk going to court and getting five years?!

 

Something that should be publicised I think.


https://www.thailandvapers.com/threads/updated-public-vaping-may-no-longer-be-legal-fined-for-possessing-vape-gear.16359/

 

 

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I did a Google search and showed the police man evidence to backup my claim that use of the e-cigs is legal but he produced a recent government article on his iPhone (in Thai) which superseded my findings. I could not read it of course but my wife confirmed this when she arrived.

 

In the end, I'm pretty sure it was a shakedown but thought it worth warning others regardless of law or not.

Edited by drink75
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You should have told them you bought it for 100 Baht. Then your fine would have only been 500 Baht. Secondly, they should write you a ticket for the fine. I was pulled over once and the cop tried to fine me 1,000 Baht. I only spoke English with him and repeatedly asked him why he had pulled me over. I also asked him to give me a ticket so I could pay at the police station. He just waved me on when he realised I was no mug and refused to pay.

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10 minutes ago, teacherpaul said:

You should have told them you bought it for 100 Baht. Then your fine would have only been 500 Baht. Secondly, they should write you a ticket for the fine. I was pulled over once and the cop tried to fine me 1,000 Baht. I only spoke English with him and repeatedly asked him why he had pulled me over. I also asked him to give me a ticket so I could pay at the police station. He just waved me on when he realised I was no mug and refused to pay.

The 'Fine' was not a fine, it was a bribe, lets be clear about that. Just sent my wife the link to the YouTube video above and she has gone to track down the officer who stung us to get our money back.

 

As stated already, was pretty sure this was a shakedown and it appears I was right. But with me speaking only enough Thai to order beer and food, I was not in a position to argue. TBH, lesson learned and don't care about the money, just wanted others to be aware of this risk.

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58 minutes ago, drink75 said:

I did a Google search and showed the police man evidence to backup my claim that use of the e-cigs is legal but he produced a recent government article on his iPhone (in Thai) which superseded my findings. I could not read it of course but my wife confirmed this when she arrived.

 

In the end, I'm pretty sure it was a shakedown but thought it worth warning others regardless of law or not.

A lowly policeman showed you the message in Thai on his iPhone ? Salaries must be good 

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If you did not get a receipt it is a backhander however the Officer is correct, it is against the Law to import ECigs, ECigs are banned here so it would stand to reason that it would be illegal to import them, it seems owning them is illegal also

 

Read through the link supplied by another poster above,

 

It seems you paid a backhander to stop the officer taking it further which by reading the link seems he certainly could of

Edited by darrendsd
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2 hours ago, mark01 said:

I believe this guy says that personal use vape stuff is ok. But importing and selling is illegal.

This is the most senior police officer statement to date.

 

He does indeed say that possession is not illegal, but that importation and selling of vaping equipment is against the law. 

 

2 hours ago, mark01 said:

 

 

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It was reported here on thaivisa a few weeks back that they were now illegal. Can't find the link right now as I am in the car but will find it when I get back in the computer. It clearly stated that there would be up to a 5,000 baht fine for simply having one in your possession or a fine of, if I recall correctly, a fine of up to 100,000 baht for importing it. So, given this, the 5k baht you paid was the highest amount of fine given, if you received a receipt, if not then it was a bribe so that you didn't have to spend the night in th cels and attend court,. Remember that, by Thai law, if you were to go to court and get a criminal conviction, the immigration and or courts are well within their rights to order your immediate deportation as an undesirable. 

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2 minutes ago, darrendsd said:

It seems bizzare that owning one is not illegal but importing them is, as they don't make them here they only way to get one would be to import it, thus breaking the law

 

If you brought one in when you flew in then surely that is importing also

 

Not sure about that as surely 'Importing' refers to items for resale?? Not sure if personal items are classed as imported items as they are not taxable, with the exception of high value items like cars etc.

 

I brought my iMac here from the UK and didn't have to pay any import tax. I imagine that if I brought 10 iMacs with me the case would be different.

 

I'm not really qualified to say with any certainty.

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I am a vaper and belong to a Vaping forum,this all occured afew months back when someone

in the hierachy realised  they where missing out on tea money,

If you bought the item before DEC 14 2014 you have some argument (some hope)

there case is no import duty has been paid,most of us bought from china but hey ho they 

started raiding the post,must have enough stuff to open a large shop now,if you open your eyes

nothing (hardly) is legal for a reason I leave that to your imagination,it leaves an open book for BIB 

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So how will this law impact on what I imagine must be hundreds, if not thousands of tourists who come on holiday to Thailand with their e-cigs and supply of juice? Given the fairly broad acceptance of the technology and ready availability of the hardware in Europe and USA, I very much doubt that most vapers would be aware of the fact that Thailand has adopted this totally bonkers attitude towards them. Are we going to see hordes of tourists being busted at Swampy for having (importing / smuggling) an e-cig? That'll go down well with the tour operators.

 

Who on earth decided on this stupid, pointless and unnecessary law? It really is madness writ large.

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6 hours ago, drink75 said:

The 'Fine' was not a fine, it was a bribe, lets be clear about that. Just sent my wife the link to the YouTube video above and she has gone to track down the officer who stung us to get our money back.

 

As stated already, was pretty sure this was a shakedown and it appears I was right. But with me speaking only enough Thai to order beer and food, I was not in a position to argue. TBH, lesson learned and don't care about the money, just wanted others to be aware of this risk.

Fair enough on the warning, but..................... does she have to hold your hand when you cross the road?:rolleyes:

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20 minutes ago, Asiang said:

How funny are people to give 5000 thb to random mibs...

 

Luckily some of us have balls to tell them what they deserve.

 

 

 

Seems we have a new keyboard warrior on the forum

 

You really should read up on the law on Ecigs before making such comments

 

Sure the OP had to pay 5k, if he didn't he could have been arrested and charged

 

Let's see if you have the "balls" next time you encounter one of the BIB and are faced with either paying a backhander or being arrested

Edited by darrendsd
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1 hour ago, darrendsd said:

 

Seems we have a new keyboard warrior on the forum

 

You really should read up on the law on Ecigs before making such comments

 

Sure the OP had to pay 5k, if he didn't he could have been arrested and charged

 

Let's see if you have the "balls" next time you encounter one of the BIB and are faced with either paying a backhander or being arrested

Impossible I are the warrior you sleeping servant.  The RTP are full of shit. How that sit son.

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