Battle on high-speed rail

[webfact]

Battle on high-speed rail
By The Nation

 

 

NGO petitions dual court review of article 44 order

 

BANGKOK: -- THE controversial Thai-Chinese high-speed rail project faces a new hurdle as both the Constitutional and Administrative courts will be asked to review the National Council for Peace and Order (NCPO)’s June 16 order that granted multiple legal exemptions to the multi-billion-baht scheme.

 

Srisuwan Janya, secretary-general of the Association for Protection of the Thai Constitution, who submitted a petition to the Ombudsman’s Office yesterday for the courts to review the order, said the legal exemptions would affect Thailand’s sovereignty.

 

According to the NCPO, the June 16 order is aimed at removing existing legal obstacles to speed up the Bt170-billion project. The first route will run from Bangkok to Nakhon Ratchasima.

 

Srisuwan said some of the NCPO measures would run counter to Article 52 of the interim charter, resulting in a loss of Thai sovereignty. 

 

And at least seven Thai laws would be negatively affected due to the legal exemptions, especially with regard to public procurement and competitive bidding.

 

The junta’s June 16 order also violated the interim charter that empowers the NCPO to exercise its sweeping powers only in national security matters, Srisuwan said.

 

He believed the high-speed railway project with China should be regarded as an agreement with a foreign country subject to approval by the National Legislative Assembly (NLA).

 

These issues should stir the Constitutional Court and Administrative Court to review the NCPO’s order, which was equivalent to an act of law, the activist said. 

 

Srisuwan said he would continue to fight the project if a contract for the project was signed, by petitioning the National Anti-Corruption Commission and the Office of the Comptroller-General to look into the issues.

 

Wissanu meets engineers and architects

 

Meanwhile, deputy premier Wissanu Krea-ngam held talks yesterday with top officials of the Engineering Council and the Architects Council to gather more opinions on issues regarding the Chinese engineers and architects working in Thailand on the high-speed railway project.

 

He said details would be included in the contract to be signed with China that may require approval from the NLA.

 

Thais appear to be worried about the |project as a petition was launched on change.org on Sunday, asking for more |transparency in the rail project and use of a competitve auction.

 

The campaign, which got more than half of its target of 5,000 signatures, suggests that competitive bidding could screen the |most efficient contractors to work with Thailand. The current government-to-|government model, however, does not allow Thailand to have more options on railway |technology.

 

It was launched by a user named Zirikorn Photichack three days after Prime Minister Gen Prayut Chan-o-cha issued the Article 44 order to grant multiple legal exemptions to the project.

 

The PM’s order, the campaign says, could violate good governance, sound financial principles, and equal state treatment, as stipulated in the current charter. Its legal exemptions could also violate the amended 2011 bill on countering corruption, it said.

 

Sumet Ongkittikul of the Thailand Development Research Institute (TDRI) said the public should air their opinions on the project, especially in regard to its feasibility and economic benefits.

 

He said the government risks making the wrong decision and problems would be harder to solve in the future. Thailand should also not plan to use two high-speed train systems, as another high-speed train link is being studied by Japan.

 

On transparency, Sumet said, the government needs to disclose full details of the economic and financial feasibility study on this project prior to granting approval and signing the contract.

 

Source: http://www.nationmultimedia.com/news/national/30318532

 

-- © Copyright The Nation 2017-06-20

[observer90210]

humm....was he endulged to positive pressure by the local taxi or limo transport mafia, as they would loose many a potential farang to be ripped off once the train is operationnal?...

 

on this issue the military should just order the trouble makers to shut up, get on with the construction and give the kingdom it's long wanted high-speed rail....

[Srikcir]

4 hours ago, webfact said:

the legal exemptions would affect Thailand’s sovereignty.

Since the NCPO is being challenged on the exemptions, Thailand's sovereignty is not at issue.

It's always been since the 1932 revolution firmly held by the military-elitist establishment who protect their extra-constitutional powers.

NCPO merely needs to state and has stated that the exemptions are critical to national security of which the NCPO is the sole determinant.

The Courts will not consider the petition.

[sawadee1947]

Of course there is a battle because there is a huge amount of money involved. And everybody wants to have a share. Legally or illegally. Who cares. And the envelopes will be going from hand to hand. To fill the pockets "Section 44" is very important.

[Jonmarleesco]

8 hours ago, webfact said:

The current government-to-|government model, however, does not allow Thailand to have more options on railway |technology.

Nor submarines; nor armoured vehicles, et al. Might not be long before LoS is a Chinese colony.

[AhFarangJa]

47 minutes ago, Jonmarleesco said:

Nor submarines; nor armoured vehicles, et al. Might not be long before LoS is a Chinese colony.

Who says it is not already.......Do Chinese descendant families not own most of the big business here.....The Sarasin family are one who spring to mind...

[Sydebolle]

You want to seriously fast-track this project, i.e. sort of double article 44 - otherwise Thailand will be the laughing stock of Asia. Just came back from Northern Laos, trust me, the Chinese are completing the project latest in time - if not before. 

[observer90210]

1 hour ago, Jonmarleesco said:

Nor submarines; nor armoured vehicles, et al. Might not be long before LoS is a Chinese colony.

certain beach side towns, already are!!!

[Chris Lawrence]

As I said in another post, weren't the Japanese in on this project back in 2010?

 

Hope its not just a cat and mouse play, to vindicate the Governments polish they have put on the spin.

 

The General wants a contract but wants to alter details of the contract as he goes. The Chinese will crucify this guy. Everything could end in teas, and it won't be the Chinese.

[natway09]

As I have said before the amount of monies being spent here justify careful planning & more careful planning because we are selling our soul to the Chinese.

My thoughts are that the General should spend a fraction of the monies on dual track & major upgrades & express exits out of Bangkok to existing railways. (Maybe some major changes to the SRT who are the most badly run government dept in the country) We cannot possibly give the high speed rail to SRT to run as it will become a deathtrap

[seajae]

170 billion project means that around 50 billion may well be going into certain peoples pockets going on the  30% graft that is claimed as being part of all contracts in Thailand, is it any wonder it is being pushed through as quick as possible. Really have to wonder how many are going to be sharing in this bonus, pity the courts will not stick their noses into this to stop any wrong doing, I am sure we will see a lot of new cars and houses around before too long, all paid for from family inheritances of course.......

Edited June 20, 2017 by seajae

[ratcatcher]

2 hours ago, Chris Lawrence said:

As I said in another post, weren't the Japanese in on this project back in 2010?

 

Hope its not just a cat and mouse play, to vindicate the Governments polish they have put on the spin.

 

The General wants a contract but wants to alter details of the contract as he goes. The Chinese will crucify this guy. Everything could end in teas, and it won't be the Chinese.

"Everything could end in teas, and it won't be the Chinese."

So, no Lapsang souchong or Keemun but maybe Assam or Darjeeling. sorry..........

[chainarong]

Basically Thailand cannot afford this type of rail system , if it is the high speed train , it will bank rupt the country and will never run at any profit , General yer dreaming......................................

[colinneil]

2 minutes ago, chainarong said:

Basically Thailand cannot afford this type of rail system , if it is the high speed train , it will bank rupt the country and will never run at any profit , General yer dreaming......................................

Yes he is dreaming of the many millions coming his way.