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Σάββατο 30 Απριλίου 2011
Τετάρτη 27 Απριλίου 2011
Τετάρτη 13 Απριλίου 2011
Asia’s First Ice Lab Opens in Pattaya
Asia’s First Ice Lab Opens in Pattaya
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The ‘IceLAB’, at Bangkok Hospital Pattaya is the first cryotherapy chamber at -110 degrees in Asia. Patients report that the experience is invigorating and improves a variety of conditions such as psychological stress, insomnia, rheumatism, muscle and joint pain, fibromyalgia, itching, and psoriasis. The effects of extreme cold and endorphine release are scientifically studied. This method of treatment has been practiced in the USA and Europe.
Dr. Pichit Kangwolkij, Hospital Director of Bangkok Hospital Pattaya gave the welcoming speech and opened the symposium. Several topics were discussed regarding "Cryotherapy in Medicine and Sport Science.” Dr. Konrad Boegelein (MD, PhD) spoke about the physical and clinical use of deep cold and cold air and Mr. Helmut Hoffman spoke about deep cold air application in sport.
There was a round table discussion and the chance to experience the ‘IceLAB’ with participants from many countries including Australia, Japan, Hong Kong, China, Singapore, Malaysia and Thailand.
The IceLAB, at Bangkok Hospital Pattaya opens daily from 8am to 5pm.
For more information call their contact center at 1719.
LIVING AND WORKING IN THAILAND
THAI WORK PERMIT:
LIVING AND WORKING IN THAILAND ON A LONGER TERM BASIS
LIVING AND WORKING IN THAILAND ON A LONGER TERM BASIS
Thailand is a beautiful and scenic country. The people are charming, the food is extraordinary and the life style and the good transportation links in this strategically well located country to do business in the region have attracted many expatriates. Thailand for its part welcomes foreigners both as tourists and on a more long term basis. (Recently the Thai Government Board of Investment (BOI) has instituted incentives in order to encourage companies to establish their regional headquarters in the country. Additionally, Thailand is now promoting the country as a retirement location and has instituted long term visa provisions for retirees in order to encourage foreigners to retire in the country.) Thailand, however, like most countries requires that those wanting to reside in the country follow the laws on immigration and work and that they respect the country’s other laws on tax, outlawed activities, etc.
Although our company does not involve itself in facilitating immigration, work permits or re-entry permits, we do work with law firms and others in Thailand that specializes in this service. Please note that in mid July 2003, the Government of Thailand announced large fee increases for immigration services and that the process is now more expensive than previously. Below is a general explanation of the process that may be helpful. We note, however, that the discussion below is only general and that we would recommend you further consult with the many specialists that offer services in facilitating visa, work permits, tax cards and other necessary paper issuance for foreigners.
PROCESS FOR WORKING IN THAILAND
Step One: Getting a non-immigrant visa
If you want to work in Thailand, you need a work permit. However, before you can apply or be issued a work permit you must have a non-immigrant visa. This is required to apply for a work permit. It can be acquired prior to your arrival. It also often can be arranged in Thailand after your arrival or if you are in Thailand already and must depart for various reasons can be arranged at a Thai Consular Office in a neighboring country. Here are the steps you must follow:
Requirements for getting a non-immigrant visa outside the country
To get a non-immigrant visa at a Thai Embassy you need a letter on company letterhead that states the following:
• the applicant has been offered a job
• the company requests that the applicant be given a non-immigrant visa so the company may apply for a work permit for them
• The company knows the person to be dependable, upstanding and law abiding and that they will respect the laws and customs of the Kingdom of Thailand.
Generally you should apply for this visa several days before you plan to leave the country outside of Thailand that you are visiting. The Consulate or the Consular Officer may also ask for copies of the registration documents from the company you are going to work for. Prior to applying for the visa, you may want to ask that a Thai employee at the company you plan to work for calls the Foreign Ministry in Bangkok to find out exactly what documents are required in this case and that these are provided to you. Recently, consulates have been warning people who have non-immigrant visas that they must present their work permits to get another visa next time (they even stamp this message next to the visa). Also since 9-11, Thailand’s laws on visas, re-entry permits, etc. have changed and it is best to try to get the latest information from the Royal Thai Foreign Ministry so that you have all the documents you will need.
Consulates
Typically, most foreigners who have previously been in Thailand seek their non-immigrant visa at one of the Thai Consulates in a neighboring country. These are either Penang, Kota Baru, Phnom Penh, Kuala Lumpur, Singapore, Ho Chi Minh City, Hanoi or Manila. The Royal Thai Embassies and Consulates in the U.S., Australia and Britain can also issue the necessary visa. All of these Consular operations can issue the necessary visa and all are well experienced in the process. The one current exception to this prompt processing is Hong Kong. We have heard several complaints about the Consulate in Hong Kong which has always had a reputation for being difficult. The Consulate there has a very high rejection rate.
In any case CHECK AHEAD! Conditions change frequently. If you are in Bangkok, call the Foreign Ministry or have your company do so. Also, oftentimes you can check on the web or with friends as to their recent experiences.
In applying for a non immigrant visa at a Thai Consulate in a neighboring country, beware that some overzealous Consulate staff may ask you things like "how do you like working in Thailand or how has you company treated you so far?" This is often a way to trick you into disclosing information that might indicate you are working without a permit. Be careful in how you reply and only answer questions asked.
Multiple-entry visas
Remember, it is always best to get a multiple-entry visa so you will not have to waste time and expense on visiting a consulate for a new visa every three months (in the event there is some problem with your work permit paperwork or you cannot get a long visa). Oftentimes, the Consulate will try to encourage you to get a single-entry and may even tell you that they do not issue multiple-entry visas. They do, however, and often a patient and friendly approach will get you what you seek. Current cost of a Non Immigrant Visa, Single entry is 2,000 Baht. Cost of a multiple entry non-immigrant visa for use within one year is 5,000 Baht.
Extending Your Visa in Country
Until about a year ago, extending a non-immigrant visa was a laborious process that required you to take similar paperwork required by the Labor Department for your work permit. Now, all that has changed and you can get a one-year extension in country in most cases.
A few days before your visa expires bring the following documents to the Immigration Department:
• your passportStep Two: Getting a Work Permit
• your work permit
• copies of your passport showing the picture page, entry stamp and other stamps that relate to your stay in Thailand
• copy of your work permit
• copy of your employment contract or a letter from the company on their letterhead stating you have been accepted for employment and indicating your starting gross monthly salary and duration of employment)
• one passport photo
• copy of forms showing the company has applied for a taxpayer ID number for you or the actual tax ID card
• copies of your last six months Palmador One forms. Palmador 1 is a form that lists the salaries and tax paid for every member of a company. The company must pay the total taxes each month and they get a little yellow receipt to show they have paid. For each month you must copy the first page, the page your name appears on, and the receipt showing that the company paid.
• Possibly your bank book. This has been required recently.
• Immigration specifically asks that a Thai staff member from the company accompany the foreigner down to Immigration to help translate, answer questions and help resolve any issues. This is a good idea and should be followed.
• Application fee for a visa extention is 1,900 Baht. The above provisions change from time to time, so please have a Thai staff member of your company check before you go.
Required papers for a work permit
After you have your non-immigrant visa, you can now apply for a work permit. Here are the papers generally required from the prospective employee to start a work permit:
• copy of the picture page/identification page of your passport (the one with your photo and passport number)Getting the Work Permit Approved
• your non-immigrant visa
• copy of the passport page with your current entrance stamp
• copy of your entry card
• Copy of your degree or resume or transcript - sometimes they require it be certified by your country's embassy (this requires bringing your degree or resume to your embassy, declaring it is a true and original document and then paying an authentication fee.
• a doctor's certificate stating you are in good health (this can be arranged quickly in Thailand and generally costs less than 100 baht and usually does not required any actual exam
• 2 color, 4 by 5 centimeter photos (this is the photo size used by most photo shops in Thailand for Visas. This is not a Passport photo size which is different.
• Three to Five Thousand baht (depending on the length of your work permit.
• Additionally, your employer will be required to submit tax and legal documents concerning the nature of their business and employees.
A job description is often the determining factor in the approval or denial of a work permit. Unless the written job description requires skills that a Thai is not likely to possess, the applications will not be approved. One option to save time is to ask a Labor Department employee to suggest a job description that will fall under a classification that can be accepted. Most Labor Department staff will not volunteer this information, but if you ask, they will generally suggest some possible job titles.
The Labor Department often seems to want to reduce the number of permits actually issued to help demonstrate that they are protecting Thai jobs. Therefore if your company applies for three permits, they may approve only one or possibly two. It is unlikely that all three will be approved
Once the papers are submitted for a Work Permit
Once you submit the documents for a work permit, you must not let your visa expire. The Labor Department’s system links the non immigrant visa you listed on your application to the work permit paperwork. Even if you have a double- or triple-entry visa, you cannot go out again without invalidating your work permit papers. If you do have to go out of country and return on the same visa, you must get a reentry permit from Immigration. The reentry permit, like a work permit, is valid until your visa expires. (Please see the section later in this article on reentry permits.)
If you cannot get your work permit approved before your visa expires, you may have to get your visa extended. You can always get an extension of two weeks (it is a stamp that says your application is ``under consideration'') and then a further extension of one week (this stamp usually says your extension of stay is rejected and you must leave in one week).
In terms of time expectations, processing of your work permit can require several weeks or even months.
Signing for your new work permit
Generally to receive your work permit, you must go to the Labor Department in the Huay Kwang area with your passport and sign a document acknowledging receipt. The Labor Department puts a stamp in the back of your passport at the time of receipt.
Don’t let your work permit expire
If your work permit expires before you submit the papers for renewal, the work permit is invalidated and you will have to start from scratch and apply for a new one. Renewing a work permit is always much; much easier and less costly than trying to remedy an expired work permit. To save you aggravation, always return from your visa renewal trip before your work permit expires. If you cannot leave before the permit expires, you have to fill out the work permit form and leave it, along with the work permit and 500 baht fee, at the Labor Department. You MUST do this to prevent the work permit from expiring. When you return from outside of Thailand your work permit will be extended according to your new visa.
In several recent news articles and in speeches to various groups the Labor Department has noted that although many aspects of work permits are vague and accommodations can be made that the Department is very strict concerning the expiration of work permits. If the permit expires, you will have to start from the beginning and apply for a new one
Restrictions on Your Work Permit
The work permit once approved allows you only to work at the noted company and location. If your change employers or place of work, you must get a new work permit. Also if you resign or are terminated or laid off, according to the law within 10 days of this, you must return you work permit to the Labor Department. Don't count on your company doing this as you are the person liable if they don’t. Also please note that to get another work permit at any other company that generally a written recommendation is required from the last company where you held a work permit. Keep this in mind as oftentimes it can save you additional work.
Step Three: The Tax ID Card
Once your work permit has been arranged, the next step is for your company to apply for a Thai taxpayer identification card. This ID card has a tax ID number which will be needed to be listed often in the future on documents.
Step Four: Getting a Re-entry Permit
Visa vs. a Re-entry Permits
A lot of people misunderstand the difference between a visa and a re-entry permit much to there own disadvantage. Here is the key point: your visa is the controlling document. Everything is dependent on the dates there. Your reentry permit or work permit is only good till the date stamped in your passport to leave the country. Any reentry permit you get will expire when your visa expires. If you depart the country without a re-entry permit, your visa is invalidated as will be your work permit. This is a key distinction so after going through the process of getting a longer term visa and a work permit; please ensure you have a re-entry permit before departing the country. Also, for your initial trips after getting the visa and work permit, you may have someone knowledgeable look over your documents prior to leaving on the trip.
How to get a reentry permit
- Go in the morning (before noon), in person, to Immigration. The reentry window is on the ground floor on the left side. If you truly require your reentry permit the same day or you've submitted it after noon, the officers will accept "an expedited service fee" to get the job done.
- Here is the process:
• Submit a Re-entry request formWhen you present the above, you will receive a receipt and be told to return in the afternoon (or the next day if you submit it late) to pick up your passport. If this is inconvenient, you can send someone else to pick it up. All that is required to pickup the re-entry permit is the receipt. You can send someone else to pick it up and all they need is the receipt.
• Three passport-sized photos
• One thousand baht for one reentry or 3,800 Baht for a multiple reentry. Keep in mind that the reentry permit expires when your visa expires or if you get any visa extension stamp in your passport.
Step Five: Renewing your visa and work permit
Your work permit expires when your visa does. Therefore you will have to renew your visa before you can renew your work permit. This can either be done in-country or in some cases you must leave the country. If you cannot get your visa extended in country, you will have to get a new non-immigrant visa from a Thai consulate abroad as explained above. If you have an unexpired multiple-entry visa, all you have to do is go over the border and then return. If required to go overseas, you will need to provide the consulate copies of your work permit and a new visa recommendation letter from your company on company letterhead. Some consulates have required the actual work permit (not a copy) be presented to them. Again, this is why it is good to check with the Foreign Ministry and with others with recent experience with the Consulate you will be utilizing to get updated information. Again, all of this must be done before your work permit expires.
Helping Your Chances
The more complete and official-looking documents you submit (i.e. Thai tax returns, Thai taxpayer identification card, etc.), generally the better. Usually you are wise to carry them with you in case you need them. However, only show them if asked or if it seems that your request will be refused. Once you return with your new visa, your work permit can be extended.
Making Things Easier for All
A few suggestions about surviving the process:
• First, be patient. This is a foreign country, you are a guest and the norms of bureaucracy may be different.Various notes
• Presence of a Thai to help expedite things usually is helpful as Thais generally understand how to deal with their own government officials better and usually can defuse potentially awkward moments without hard feelings.
• Keep in mind that you probably will need to return to Immigration more than once. It is therefore good if the Thai company person accompanying you can establish a personal relationship with someone at Immigration.
• It is important that the company person accompanying you is polite but it is also important that they be a good problem solver and a person who when confronted with refusal will not take “no” for an answer just because your request requires some work or possibly the need to search out someone at Immigration who is willing to be more helpful.
1. Keep track of the expiry dates of your visa, work permit, re-entry permit, etc. yourself. If you’re overly dependent on the Thai staff to do this you may be disappointed.
2. Reporting every three months - All foreigners are required to register their address with immigration if they stay in the country over 90 days. Please note that this report must be made before the 90 days (that is 90 actual days, NOT three months) takes place. Reporting is free, but if you do not report in time there is a several-thousand baht fine. As long as the report is made before the 90 days are up, you can send someone else to Immigration to fill out this form for you.
3. Overstays - Overstays (staying in the country beyond the date your visa expires) is illegal and will probably result in a fine. Usually the best way to handle this is to depart the country immediately and try to explain to the immigration officer the reason for your error. If your overstay is not long, generally you will just get a short lecture although you should be prepared to pay the fine if required. Don’t argue and keep in mind that the Immigration lockup is not a desirable place to be.
Δευτέρα 11 Απριλίου 2011
Thailand has distinct laws on parentage.
Thailand has distinct laws on parentage. While the issue of maternity is easily determinable, the same is not true on paternity. There is a presumption of paternity in births within a valid marriage. There are likewise laws in case of births outside marriage and after divorce.
Countries have different laws as regards parentage. In Thailand, the birth mother is automatically registered as the legitimate parent of a child. This is without regard to her civil status. The fact of birth of the child to her alone is enough for her to be named the legitimate mother of the infant. If the birth mother is married, the husband is presumed and named the legitimate father of the infant. This rule does not apply of the woman is unmarried to the biological father of the child.
If the mother is unmarried, there will be no presumption of legitimacy for a father by the courts. He cannot be named the legitimate father of the child, even if he signs his name as the natural father. The fact of the biological father signing at the birth certificate is only an act of acknowledgment of natural paternity. In Thailand, this is not equivalent to legitimation.
The legality of the marriage between the parents also affects the application of the legal presumption. The marriage between the birth parents must be one that is recognized by the Thai authorities. Only marriages formally registered in Thailand or in a foreign country shall be recognized as valid. Children born within these valid marriages are considered legitimate. The opposite is true for unregistered religious ceremonies and unrecognized foreign marriages.
Divorce in Thailand creates legal complications. If the mother gives birth within 310 days of a divorce, the courts will presume that the former husband is the legitimate father of the child. This is also true if the couples separate without a formal divorce. Therefore, should a separated wife become pregnant by another man, his husband will be legally responsible for another man’s child.
The man who believes he is not the natural father of a child may seek to repudiate the presumption of legitimacy. This remedy is also available to an unmarried man who is being asked by a woman for child support. The putative father may come to court and repudiate his paternity. To prove non-paternity, he may request the Thai courts to conduct a DNA test on him and the child. The test will be administered by the Thai authorities at the presumptive father’s expense. Alternately, the presumptive father may also prove that he did not cohabitate with the mother 310-180 days before the birth of the child. Either option is necessary before non-paternity is confirmed.
If a man seeks to repudiate a presumption of legitimacy by the Thai authorities, he must challenge this in court. If a man wishes to challenge the presumption of legitimacy in the Thai courts, he has two options. First, he may request a DNA test. The test will be administered by the Thai authorities at the presumptive father’s expense. However, the presumptive father may also prove that he did not cohabitate with the mother 310-180 days before the birth of the child. Either option is necessary to repudiate an assumption of paternity.
It is only the Court which can rule on the case of repudiation. Until there is a decision defining non-paternity, the presumption on paternity shall control.
ABOUT THE AUTHOR: Rebecca Ponce
Rebecca Ponce works as Legal Advisor at Siam Legal International. She is a licensed lawyer from the Philippines.
Copyright Siam Legal International
More information about Siam Legal International
Child Support in Thailand
Child Support in Thailand
The issue of child support frequently arises in divorces and disputes between non-married litigants. Most often, the mother of a child will be suing the biological father for child support. However, it is also possible for a father with custodial rights of a child to seek child support from the mother of the child.
If the mother and father can agree to child support this agreement can be reduced to writing as part of a settlement agreement. Often a settlement agreement is drafted in divorce proceedings. If the Parties can agree to such terms it’s possible to register a divorce agreement with a government district office in a simple procedure as part of a divorce case. However, if the mother and father are not married, it is still possible to reach a settlement agreement or to file a court complaint depending on the circumstances.
If the Parties cannot agree to the terms of child support, a complaint can be filed with the court demanding child support. Cases are decided by judges in the Central Juvenile and Family Courts of Thailand. The Family Court will take into consideration various factors in arriving at a child support schedule.
However, the issue a court must first decide would be whether, pursuant to applicable law, a duty to pay child support exists. If there is such a duty, the court will then consider relative incomes of the Parties, the expenses of the children and other factors to determine an amount for child support.
Child Custody in Thailand
Child Custody in Thailand
Child custody disputes between parents can arise in the course of a divorce case, or between unmarried parents. According to Thailand law, both parents of a child have full custodial rights. However, legal issues often surround the finding of paternity. In other words, Thailand law requires that a father be the “legal” parent, as well as the biological parent, to have father’s rights.
Father’s Rights
Father’s rights are established as a finding of legal paternity. Legal paternity differs from mere biological fatherhood. Many cases have, as a main issue, the establishment of legal paternity. Cases can be filed by a biological father seeking father’s rights, or by a mother, seeking child support and other duties from the biological father.
Best Interest
Child custody cases are handled in Thailand Family courts. The main consideration used by the courts in determining custody is what is in the best interest of the child. Accordingly the behavior of the parents and child development issues are analyzed closely by the Thai court.
The Role of Social Worker Analysis
The Observation and Protection Center has been established by the family courts of Thailand to allow for a preliminary social worker evaluation of the parents and the child involved in a child custody dispute. The report of the OPC is forwarded to the Family Court to assist with determination of the child custody issues.
Thailand Child Custody Attorneys
Chaninat and Leeds’ family law lawyers have decades of courtroom and counseling experience in family law matters, including child custody, child support, property and asset disputes, divorce, separation, guardianship and revocation of custody, and parental rights cases.
Our primary objective in all child custody cases is to win cases and defend our client’s interests. However, given the sensitive nature of child custody cases, we also understand the importance of compassion, understanding and patience.
Therefore, our role is dual: we are defenders of our clients and also sympathetic counselors and problem solvers.
The following issues are just examples of the issues that can arise in a custody case:
- Granting custody to one parent
- Termination of custody rights of a parent
- Modifying custody orders
- Establishing legal custody rights
- Child support
- Child visitation rights
- Joint custody
- Termination of custodial rights
- Hague convention on child abduction
How Foreigners Can Buy Land in Thailand
How to buy land & house in Thailand
by Drew Noyes
In 1997, during the Asian Financial Crisis, I was invited to Thailand along with many other international businessmen and we were asked to help
the Thai economy by establishing businesses here. I choose to do so under the protection of the Treaty of Amenity offered exclusively to
American investors by His Majesty the King. Protecting my assets has always been my primary goal.
Secondary to profits. Since Thai law currently prohibits foreigners from owning land in Thailand I asked advisors and lawyers for a good
alternative. So when I bought my first house in Pattaya I put it in the name of a trusted Thai friend, my Thai wife, and I registered a mortgage (in
Thai it is called a "jamnyong") against the property for the cost of the house plus improvements.
The house can not be sold without paying the debt back to me. The land office in Pattaya has the tilted deed and it clearly states on the back the
amount owed and to whom so it is impossible for the property to be sold without paying me since all sales transactions have to go before the land
office for approval. I could have also record a lease at the Pattaya land office for property for up 30 years stating that I, and only I, if I wish, have
the right to live in or use the subject land and or house.
The person whom I put the property in the name of would give me a receipt for money paid in full in advance to her by me for this 30 years lease.
By showing as evidence my rights to the property with a copy of the recorded lease the police nor anyone else can evict me from the property
should a domestic dispute erupt. I believe it is highly advise able to have both a mortgage against the property and a recorded lease on the
property for ultimate security.
With a recorded mortgage the Thai person who is named as the legal owner can not borrow money against the house if there is already a
mortgage for the equity value of the property. I could also put the property in any Thai person's name for the benefit and ownership of my Thai
children who could not sell it until they were 20 years old.
The Thai Elite Program has been trying to get approval to allow members who pay one million baht the right to own one rai of land for their home,
but approval has not yet been granted. I could also put the property in any Thai person's name for the benefit and ownership of my Thai children
who could not sell it until they were 20 years old, but there are some risks.
Before doing any of this consult a licensed attorney. At PAPPA Co., Ltd. we have six licensed Thai lawyers to serve all of your legal needs in
Thailand. Visit www.pattayalawyers.com for more information.
This advice is just to explain what I did, not necessarily what is right for you to do.
by Drew Noyes
In 1997, during the Asian Financial Crisis, I was invited to Thailand along with many other international businessmen and we were asked to help
the Thai economy by establishing businesses here. I choose to do so under the protection of the Treaty of Amenity offered exclusively to
American investors by His Majesty the King. Protecting my assets has always been my primary goal.
Secondary to profits. Since Thai law currently prohibits foreigners from owning land in Thailand I asked advisors and lawyers for a good
alternative. So when I bought my first house in Pattaya I put it in the name of a trusted Thai friend, my Thai wife, and I registered a mortgage (in
Thai it is called a "jamnyong") against the property for the cost of the house plus improvements.
The house can not be sold without paying the debt back to me. The land office in Pattaya has the tilted deed and it clearly states on the back the
amount owed and to whom so it is impossible for the property to be sold without paying me since all sales transactions have to go before the land
office for approval. I could have also record a lease at the Pattaya land office for property for up 30 years stating that I, and only I, if I wish, have
the right to live in or use the subject land and or house.
The person whom I put the property in the name of would give me a receipt for money paid in full in advance to her by me for this 30 years lease.
By showing as evidence my rights to the property with a copy of the recorded lease the police nor anyone else can evict me from the property
should a domestic dispute erupt. I believe it is highly advise able to have both a mortgage against the property and a recorded lease on the
property for ultimate security.
With a recorded mortgage the Thai person who is named as the legal owner can not borrow money against the house if there is already a
mortgage for the equity value of the property. I could also put the property in any Thai person's name for the benefit and ownership of my Thai
children who could not sell it until they were 20 years old.
The Thai Elite Program has been trying to get approval to allow members who pay one million baht the right to own one rai of land for their home,
but approval has not yet been granted. I could also put the property in any Thai person's name for the benefit and ownership of my Thai children
who could not sell it until they were 20 years old, but there are some risks.
Before doing any of this consult a licensed attorney. At PAPPA Co., Ltd. we have six licensed Thai lawyers to serve all of your legal needs in
Thailand. Visit www.pattayalawyers.com for more information.
This advice is just to explain what I did, not necessarily what is right for you to do.
How Foreigners Can Buy Land in Thailand
Summary: Buying land in Thailand. Foreigners can buy land in Thailand as a mortgage holder. On the title deed the foreigner's name will appear as the one who can approve the sale of the property. By using a lease in combination with the recorded mortgage, foreigners have the same rights of ownership as Thais in Thailand to own property. Condominium law is different. Contact Drew Noyes at PAPPA Co., Ltd. Law Office for more information. Email: Drew@PattayaLawyers.com www.pattayalawyers.com. Call 038 301 050 in Thailand for more details.
‘One Stop Service’ Center Opens at Pattaya Police Station
‘One Stop Service’ Center Opens at Pattaya Police Station
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The One Stop Service Center is one of the many projects established as part of a six months plan to improve the Pattaya Police Station that was created by Commander of the Royal Thai Police Pol.Gen. Wichean Potephosree.
This One Stop Service is located at the Pattaya Police Station next to Central Festival Pattaya Beach. Locals can report crime and make payments on fines at this center 24 hours a day. There are also foreign police volunteers on duty to assist foreigners.
Police Lieutenant General Tangai Pradsajarksattru, Commander of the Royal Thai Police Region 2 said, “Ever since Pol.Gen. Wichean was appointed as Commander of the Royal Thai Police there has been various improvements to the police stations throughout the country. What can clearly be seen is his work and how he has influenced other police officers to do their best to help locals and foreigners.”
Police Colonel Nattawoot Suwanlaong, Commander of the Pattaya Police, Police Lieutenant General Tangai Pradsajarksattru, Commander of the Royal Thai Police Region 2 and their adviser Mr. Drew Noyes, Managing Director of P.A.P.P.A. Co., Ltd. Law Office were present for the opening of the One Stop Service Center of the Pattaya Police Station.
British Expatriates
How Recent Changes Pension Rules Will Affect British Expatriates
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The new rules, which come into effect from April, will offer greater flexibility and increased freedom in retirement planning. As many British expats have accumulated pension benefits in the UK, it is important to review your situation in light of these changes.
Income drawdown.
The two main changes that will come into effect in April will be a reduction in the maximum level of income you can drawn down from your pension and the period for re-assessing this limit will revert back to three years from five years, for those drawing pension benefits under 75. Annual assessments will remain in place for those over 75.
Introduction of minimum income requirement.
A major change to the current rules will be the introduction of the ‘Minimum Income Requirement’ (MIR). Under these new rules, individuals who can prove they have sufficient income from elsewhere will be able to drawdown an unlimited amount from their pension subject to income tax at their marginal rate. They will not be restricted by the income drawdown rules outlined above and this new ‘flexible drawdown’ will offer greater flexibility in retirement planning.
Initially the minimum income requirement will be set at £20,000 per annum and it has been confirmed that annuities, final salary pension schemes and state pensions will contribute towards this MIR threshold. British expats living in Thailand with final salary pension schemes may benefit from these new ‘flexible drawdown’ rules in the future.
Inheritance Tax on pensions.
The situation will remain the same for those under 75 however for those over 75, inheritance tax will no longer be payable on a pension that forms part of a person’s estate. However, whilst no inheritance tax will be applied, any lump sum paid to a beneficiary on death will be subject to a 55 per cent tax.
QROPS
For many British expats living in Thailand, transferring your UK pension offshore will continue to offer numerous financial and estate planning benefits. Those with family here in Thailand can avoid complicated probate issues in the UK whilst enjoying a tax free pension overseas.
However, a QROPS is not suitable for everyone and you should always seek financial advice to ensure it’s the right option for you.
The effect on British expats
For any British expat who intends to retire in Thailand, it’s important to keep on top of any changes to the UK legislature. These changes can affect how you plan your retirement and it’s important that once you stop working you are able to maintain a comfortable lifestyle.
These recent reforms to the pension rules are significant and will offer greater flexibility in how a British expat can plan their retirement. Now is a good time to review your personal situation to ensure you are making the most of the options available to you.
Written by Terry Hunter & Christopher Spiers, Senior Wealth Managers at Faramond Capital Partners. terry.h@faramond.com
April 7, 2011 Unmarried Fathers: Paternity, Child Custody and Time-Sharing
Unmarried Fathers: Paternity, Child Custody and Time-Sharing
Summary: It is the preference of New Mexico courts that both parents participate in the lives of their children. This participation can become complicated when unmarried parents are involved, particularly when disagreements arise or an unmarried father is being denied access to his child.
Under New Mexico law, a child born to married parents is presumed to belong to both parents. On the other hand, a child of unmarried parents is deemed to be only the child of the mother. Unless certain measures have been taken by an unmarried father, such as being named on the child's birth certificate or confirmation of paternity through blood testing, there is no automatic presumption of paternity. This means that the unmarried father of a child may have to legally establish paternity to exercise his rights to physical and legal child custody.In order to establish his paternal rights, an unmarried father must file a Petition to Establish Paternity. More specifically, since child support kicks in once paternity is established, a Petition to Establish Paternity, Child Support and Child Custody is filed.
April 7, 2011 Unmarried Fathers: Paternity, Child Custody and Time-Sharing
It is the preference of New Mexico courts that both parents participate in the lives of their children. This participation can become complicated when unmarried parents are involved, particularly when disagreements arise or an unmarried father is being denied access to his child.
Under New Mexico law, a child born to married parents is presumed to belong to both parents. On the other hand, a child of unmarried parents is deemed to be only the child of the mother. Unless certain measures have been taken by an unmarried father, such as being named on the child's birth certificate or confirmation of paternity through blood testing, there is no automatic presumption of paternity. This means that the unmarried father of a child may have to legally establish paternity to exercise his rights to physical and legal child custody.
In order to establish his paternal rights, an unmarried father must file a Petition to Establish Paternity. More specifically, since child support kicks in once paternity is established, a Petition to Establish Paternity, Child Support and Child Custody is filed.
Once filed, there a number of options for establishing paternity. The parties can agree and enter a Stipulated Order Establishing Paternity, Child Support and Child Custody. More common, the parties will agree to Paternity and child support reserving the issue of custody. Perhaps just as common and for obvious reasons, if the parties cannot agree on child support, then the father must establish paternity by other means.
The most direct route to establishing paternity, other than by agreement of the parties, is through DNA testing. If paternity is disputed, then the father can request DNA testing. DNA testing is generally at the costs of the father, subject to reallocation in some circumstances.
Once paternity is established, child custody and time-sharing can be difficult to address. This is particularly the case where no relationship exists between the child and the father and the mother was resistant to a finding of paternity. Child custody and time-sharing will always be based upon the best interests of the child. As result, the transition toward a normal time-sharing plan can be very slow. In some cases, where the child is older, there may never be
significant time-sharing. However, in most cases, the Court will transition toward normal time-sharing as quickly as possible in order to encourage the father child relationship.
Once paternity is established, the father will have some paternal rights. The extent of those rights will be dependent upon the circumstances of each case. As with many family law issues, the progress may be slow and bumpy. The progress and outcome is fact specific and entirely dependent upon the situation of the parents and the child.
Pattaya Mayor Itthiphol Kunplome handing out survival packs to the people in the Khopai community.
Pattaya Mayor Helps Homeless
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After the land they were living on was repossesed by the owner, a group of families in Khopai Soi 12 were left with no place to sleep.
Pattaya Mayor Itthiphol quickly responsed by donating survival packs to the people before helping them look for a place to build their temporary shelters.
Mr. Virat Joijinda, Chairman of the Khopai community said, “Eleven families were left homeless when land was taken back by the owner. These people usually pay 600-800 baht rent for the land per month. The families do not make a lot of money so they can not afford to live anywhere else. They are mostly garbage collectors and generate income from selling garbage.”
Pattaya Mayor added, “Apart from the survival packs we will also find a suitable place for these people to build their temporary homes. We think it will be at Threpprasit Soi 5.”
Κυριακή 10 Απριλίου 2011
Definition of Marriage in Thailand
Ask Drew Noyes, Definition of Marriage in Thailand
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We have been together for nearly 10 years in total and lived together in my condo for the last 8 years. We have no children at all.
As of now there is no problem, but I realise not all things last a lifetime and either party may decide it's no longer working down the road, so this is a request to just get myself better informed and aware.
I would like to know what would happen if we were ever to split up after such a long relationship, which is akin to a common law partnership in the West, I guess. What, if any, obligations or legal requirements might be sought from me were we ever to go our separate ways?
In that circumstance I am sure I would want to financially help her, but I would not want to do that and then find out later that I was being legally forced to additional payments, provisions or obligations - what is the law/rules in this regard please?
Thanks for taking the time to reply
Kind regards
Mark, UK
Dear Mark,
Thank you for your fine question. This is a common question and deserves a full answer. Thailand has a system of possible multiple, concurrent wives, with only one, if any, being the “Legal” wife, call Mia Luaeng, or main wife.
Since you were not legally married to another woman at the time the parents and the village have reasonable expectation that you consider her your wife and will someday legalize the marriage by registering the marriage at a District Office, or Amphur, like the Banglamung District Office on Sukhumvit Highway in Pattaya.
Because of this under the Thailand Civil and Commercial Code, Book V, Family, Title 1 Marriage, Chapter 1 Betrothal, Section 1437 states, “Betrothal is not valid until the man gives or transfers property which is Khongman (stuff you give the intended wife) to the woman as evidence the marriage will take place.”
So if you gave the usual gold and money to her you are betrothed.
However, and this is what you and all the other Pattaya Times readers are waiting to hear, Section 1438 goes on to clarify, “ Betrothal does NOT give rise to an action for compulsory performance of the marriage…”
In other words, you are not obligated to marry her. If you do not marry her and she asks for compensation the most she can expect to receive is what you gave her (Khongman) and what you gave her parents (called Sinsod). i.e. buffaloes, money, a house or repairs to the family house, motorcycles, etc.
But the provision that sums it all up is Section 1458 “ A marriage can only take place if the man and woman agree to take each other as husband and wife, (as you did in the wedding party upcountry), AND such agreement must be declared publicly before the Registrar in order to have it recorded by the Registrar.”
The added security on your part is to be legally married in Thailand, all foreigners must show proof of their “Single” status received from the Embassy of the country of their passport issuance and certified by the Thailand Ministry of Foreign Affairs in Bangkok. Without this certified paperwork no legal marriage can take place.
Since no property is in her name, there can be no fight over ownership. There are no children so no child support is necessary. There is no alimony payable since the marriage is not legalized.
Thank you again Mark for your excellent question.
Best wishes to a long and happy life with her if that is your destiny.
Yours,
Drew Noyes
Managing Director
PAPPA Co., Ltd. Law Office
Anyone wishing to ask a legal question in the Pattaya Times concerning Thai law or Thai Immigration please send your request by email to drew@pattayalawyers.com. Please include your first name or if you want your last name published include it also. We would like you to add your nationality, too. Like Mark from UK for example.Diego Maradona Has Big Plans for Pattaya
Diego Maradona Has Big Plans for Pattaya
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Former Manager GuoJin ti Hui said, “We want to invest in Pattaya because Pattaya is a safe city and is very multicultural. We have been granted a large budget from a major real estate company in Beijing who will be joint venturing with Diego.”
“Diego also has plans to open up a restaurant under the name Maradona. The hotel will represent the culture and art of Latin America, which greatly differs from hotels currently operating in the area. Diego also has plans to open up a football school or club in Pattaya,” he added.
“Pattaya is the first area in Southeast Asia that we looked at. Pattaya is famous because of its tourism and people come here to relax and from around the world” Diego said.
Diego continued, “I came to Thailand the first time on a holiday with my girlfriend and fell in love with it. After my visit I’ve always wanted to invest here. With the backing up from a Chinese company, I will try to find a local investor to join in on the business and share my success.”
Deputy Director of The Tourism Authority of Thailand Akkarawit Thepprasit said, “I think Diego’s various projects will do very well here. There will be fans coming from all over the world to experience it. Locals already love football so his school will be popular as well.”
Diego happily signed autographs and posed for photos with fans during his visit to Pattaya.
Mr. Phawin Phettrakul (left), Ms. Thithiphan Phettrakul (second from right) and Mr. Juthiphan Phettrakul (right), the three managers of Pattaya's Alcazar who warmly welcomed Diego Maradona and his girlfriend Veronica during their visit.
Σάββατο 9 Απριλίου 2011
Government Crackdown
Government Crackdown on Thai Company Property Tax Payments
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At a recent polo event Felicity (Foo) & Graham Smith brought startling information to the attention of the Pattaya Times. The Smiths said their accountant had told them of a new tax they have to pay because their house is in a Thai company name.
The sub-district they live in Pong out past Maprachan Reservoir is alleged to be taxing homes where foreigners reside which are owned by Thai companies (which the occupants may own). There are also structure usage taxes and rental income taxes due by other agencies.
Pattaya City and the “dark side”as far as about six kilometers east of Sukhumvit highway are in the sub-district of Nongprue, not Pong. Horseshoe Point Resort, for example, is in Pong. However, Banglamung District and Pattaya City also asses taxes on property.
Days later the largest Thailand publication, the Bangkok Post, to which the Pattaya Times is affiliated, ran an article by Dexter Norville entitled "Holiday Homes for Fun and Profit" in which it is clearly stated, "It is important that tax rules governing holiday properties [like in Pattaya] are followed. Here are some of the points owners should be aware of: Structure usage tax: This applies to commercially used properties. The rate is 12.5% of the actual or assessed gross rental value of the property..... [Additionally] If the property is purchased through a company, corporate tax is higher than personal tax. Tax on rental income: This tax is charged at between 10% and 30% of the rental income."
For years PAPPA Co., Ltd. Law Office in Pattaya has been warning foreigners on the internet, at Expat meetings and in the Pattaya Times and Pattaya Mail that buying property in a Thai company name may "Come back to bite you in the bum," says Drew Noyes, Managing Director, who also offers alternatives.
Pong sub-district was contacted by the Pattaya Times on behalf of the Smiths and further clarification is needed which we will report on once provided as the staff available seemed confused.
However, valuable information was received from the Office of Finance Pattaya from Khun Nittaya Yindee and from the Banglamung Revenue Office and there are taxes that apply to most properties that must be paid.
Properties that get taxed:
1. Shop houses, tower buildings, shops, corporate offices, banks, hotels, cinemas, hospitals, schools, flats, apartments, condominiums, dorms, horse racecourses, boxing stadiums, warehouses, houseboats, golf courses, tennis courts and parking lots
2. Improvements to land that are fixed such as bridges, piers, swimming pools.
Land tax is a tax by the local government. Land tax is collected under Act, BE 2475 Amendment (No. 4) Act 2534 in Bangkok by the Pattaya City office.
The person having the duty to pay taxes (owner or Managing Director) must pay to the employee at the district office where the house or building is located.
For example if the house is under the owners name and he/she lives there but is renting out rooms in the house to other people, they will not be exempt from tax because the property is generating revenue.
But, if the house is used as a home and not for business to generate money then you don’t have to pay tax to Pattaya City.
Property owners pay tax once a year according to the annual fee which requires the annual value of the preceding year to be used as a basis for calculating tax in the following year.
If the property owner does not pay tax during that period then they must pay a surcharge of 2.5 percent per month on the outstanding taxes.
-First month 2.5 percent.
-5 percent the second month
-7.5 percent third month
-10 percent on the fourth month, the highest value added.
Calculate the assessed value and annual tax rate;
Annual property tax is 12.5 percent of the annual rental income. For example, if a house is rented out a house for 10,000 baht per month, the annual income is 120,000 baht (10,000 x 12 months x 12.5%) then the tax is equal to 15,000 baht per year.
"All property owners must pay the tax regardless of ownership by a person or a company. If the property is owned by a company tax must be paid on the rent is collected from the occupants. If the dwelling is listed as the registered address of the company than it is also subject to the commercial tax," said KhunNittaya.
"Properties are going through a review process now and taxes will be assessed on all properties this year with special emphasis on Thai companies that are dormant," said Khun Nat, an auditor at the Banglamung Revenue Office.
"There are ways to protect yourself from unexpected taxes by restructuring your company and we have been helping many foreigners combat any problems, but they must see us before they are audited or billed," said Drew Noyes of PAPPA co., Ltd. Law Office.
Golden Triangle Expects Bumper Opium Crop in 2011
Golden Triangle Expects Bumper Opium Crop in 2011
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The Golden Triangle is the second largest illicit opium producing area in the world following Afghanistan. Myanmar, Vietnam, Laos, and Thailand make up the triangle with the border between Myanmar and Thailand seeing the biggest flow of opium trade.
Despite efforts by America’s Drug Enforcement Administration or DEA and its related agencies to clamp down on opium production in the area 2011 is expected to see an influx of opium trade at the Myanmar-Thai border. Part of the problem lies with the lack of concrete action by governments to get rid of the drug trade.
Myanmar is not able to control areas belonging to ethnic minorities such as the Shan State.
The Shan State Army claims to be working hard to eradicate the opium trade. The DEA however has long accused the group of being a part of the trade. The army’s former leader General Khun Sa, was known as the King of Opium. During 1974-1994 he was believed to have dominated the trade of the drug.
Today the Shan State Army tries to show the world it has changed its face. After Khun Sa handed himself over to Myanmar in 1996, a new leader of the Shan State Army emerged when General Yawd Serk took over the fight against Myanmar’s military regime.To shed the poor image of the army’s involvement with the opium trade, he said the force was willing to cooperate with the DEA in eradicating the trade.
General Yawd Serk accuses the DEA of wanting the drug trade to continue to ensure they keep their jobs.The Shan State Army points the finger at Myanmar’s military. Despite the country’s clampdown on opium, 41 out of 52 targeted townships continue to grow poppy.
General Yawd Serk says the army gets funds from taxing farmers, gemstone mines, and by trading wood. He does however admit that opium farming continues as it is the only way for villagers to earn a living.
The Shan Army says more funding is needed to provide an alternative way to make money for famers who are tempted by the profits made from the drug trade whether it is through dealings with the Myanmar military, other ethnic militias, or perhaps even Thai authorities.
So are the Shan Army really helping with the drug war?
Or are they part of the trade themselves? Well the answer is never really there.
All we do know is that the boom in the drug trade in the Golden Triangle is at an increase and there still is question as to who is involved?
Getting a Tattoo in Thailand
Getting a Tattoo in Thailand
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The Sak Yant is usually performed by monks and is believed to bestow certain powers on the person receiving the tattoo. The Sak Yant is a serious Buddhist ritual and many Thai men undergo the pain of the ink being pricked onto the skin manually with metallic rods rather than by the usual machine associated with tattooists. Even that is a slight nod toward modernity; originally nails from coffins were used. The ink used in Yants is a mixture of Chinese or Indian ink and whiskey. Snake or scorpion poison and ashes from a cremation may also be added to the ink.
The Magical Power of the Tattoo
Many Buddhists believe in the power of the Yant. Some Yants are meant to protect against physical harm (Kong Grapan Yant) whilst others are meant to bring good luck (Maettha Yant), but it isn’t quite as simple as that. If somebody receives a Yant and does bad things then they will receive bad luck. The rules of the Yant are supposed to make people live their lives in a better way.
For the true believers there are numerous tales and evidence of the power of the Yant. There are stories about corpses where the body has rotted away except for the area where the Yant is inscribed. Old Khmer designs and patterns are all meant to have their own meaning and to become a Sak Yant master involves years of dedication.
Having Tattoos Misspelled – True or Urban Myth?
Many of us have probably heard a variation of the story about the backpacker who went to Thailand and got a tattoo done at the Full Moon Party on Ko Phan Ngan. The tattoo which he thought was Thai script for his name turned out to be the Thai words for ‘stupid foreigner’.
Whether that particular story is true or not, even Sak Yant masters have admitted they have deliberately misspelled the lettering for people who were believed to be getting a Yant without good intentions. If a Thai person can receive a misspelled tattoo then there’s every chance that some Westerners have also been on the receiving end.Miss International Queen
Miss International Queen Contest to be Held November 19
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Ms. Alisa Phantusak, Assistant to the Managing Director of Tiffany Theater Pattaya said, “The theme for this year’s competition is ‘To Dream the Dream’ meaning to follow your heart to become a star. Just like the winners and contestants from previous competitions who have followed their hearts. Even though many of them went home without the winning title they were still winners as they represent the most beautiful and most talented transvestites of their home country. Contestants competing in this year’s competition are coming from all over the world with representitives from Singapore, Belgium,the Philippines, Japan, Brazil, Nepal, South Korea, Canada, United States, Ecuador, Sweden, France and of course Thailand. Sri Lanka is also entering a contestant for the first time this year as well.”
Ms. Alisa continues, “The winner of our Miss Tiffany’s Universe competition, Nalada Thammatanakorn or ‘Mick’ will be representing Thailand this year.”
Miss Tiffany’s Universe Nalada said, “The Miss International Queen competition is without a doubt one of the biggest transvestite beauty contest in the world. It is also one of the toughest because the contestants are getting more talented and beautiful every year. The contestants are more prepared and better trained. I, as a representative of Thailand, will try to do my best as a contestant and a host.”
“I would like to ask for the support from the people and to invite everyone to witness the event,” Nalada added.
The contestants will all be gathering in Pattaya on November 14 where they will be taken to tourist destinations around the area. If you to want get a glimpse of these beauties you can expect them visit places like Ripley’s Believe It Or Not and World Gems Collection.
On November 16, the contestants will be gracing the catwalk in sexy Phuket Mermaid bikinis along with competing in “The Angel Talent Contest”. The contestant will collect points from “The Angel Talent Contest” which will be put towards the main round on November 19.
The event will be held at the Tiffany’s Theater Pattaya. For those who would like to be part of this amazing night can purchase tickets at the Tiffany’s Theater or from Thai Ticket Major.
The competition will be broadcasted on True TNN2 on November 19 at 10pm.
Last year’s winner of Miss International Queen Haruna Ai from Japan together with our very own Miss Tiffany Universe Nalada Thammatanakorn showing off this year’s winning crown.
From left: Professor Doctor Saeree Wongmonta, Chairman of the Miss International Queen Competition, last year’s winner of Miss International Queen Haruna Ai, Miss Tiffany Universe winner and hopefully this year’s winner of the Miss International Queen Nalada Thammatanakorn and Ms. Alisa Phantusak, Assistant to the Managing Director of Tiffany Theater Pattaya encourages everyone to purchase their ticket as soon as possible as they are selling out fast.
Pattaya Prepares
Pattaya Prepares a Major Campaign to Encourage People to Love HM the King
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Event organizer Chaiyachai Sukkawadee said, “We decided to establish this campaign to follow the many royal activities conducted by His Majesty the King who focuses on conservation of natural resources and the environment such as the conservation of water, soil and forests to make sure that it is consistent with the well-being of the population and the ecosystem which leads to sustainability in the country. Not only that, the event will also mark the celebration of His Majesty 84th birthday this year.”
“HM the King is known as the father of the country and also the father of environmental conservation. For this reason, we want to encourage everyone to do the same and to cherish our beloved king,” he added.
Activities during this campaign include exhibitions, tree planting, handing out free seedlings and many more.
Pattaya Deputy Mayor Weerawat Khakai added, “This campaign should be supported by not just the local public schools but also private schools and other private organizations. They should gather up their staff and plant some trees, simple as that.”
Τρίτη 5 Απριλίου 2011
Bogus Magazine
Police Crack Down on Distribution of Bogus Magazine
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Police have caught the American ringleader in Pattaya and are searching in Chiang Mai for two Britons involved. A Filipino man in Pattaya who was selling ads for the counterfeit magazine is also being sought. Several Thai people involved have also been forthcoming to police inquiries.
Thailand Spice has been the leading English language, gay-friendly entertainment magazine in Thailand for many years. A group of mostly foreigners produced an almost exact copy and called it "Thai Spice" and apparently tried to pass it off as the original to fool advertisers and readers and make money from their crime.
American national, Wayne Frederick Watson, Jr., age 62, who is also called "Santa" because of his white beard and long, white hair, wire-rimmed spectacles, pot-belly and jovial manner seemingly tricked the owners of the hugely popular Spice magazine by making a written agreement to be an agent and to print the magazine as an agent for 36-monthly issues in order to get proprietary graphic files and the Thailand Spice magazine’s database containing advertiser and distribution information.
But after just two monthly issues - and in clear violation of the agreement and Thai law- Wayne Watson used the graphic files, unique city guides, city maps, recommended places lists, advertising client list, distribution list and even some of the former staff of Thailand Spice and printed and distributed his own version of the copied magazine called "Thai Spice" to fool readers and advertisers into believing they were reading the same magazine they had been reading for years.
The British owner of a very successful insurance company whose full-page ad appeared in the counterfeited magazine said, “I never authorized the ad to be put in Thai Spice and I surely will not pay for it. What nerve they have to copy some other company’s magazine like that. What fools they are.”
Wayne Watson also failed to produce a Thailand Spice magazine that was required under the agreement with the owners. Therefore two civil cases will be filed against Wayne Watson in addition to many criminal charges, sources say.
Informants claim he is also illegally working for at least two other companies. One is in the meat business and the other is in quality assurance.
Police are now looking for James Barnes, the foreigner named as "Editor" in the pages of the bogus copies of "Thai Spice" who lives in Chiang Mai. It is illegal for a foreigner to be the "Editor" of any publication in Thailand. This is a restricted profession allowed only to Thai nationals and it is impossible to get a work permit or for a foreigner to be employed with the title "Editor."
A foreigner who was a writer for Thai Spice named Christopher Stanley, Jr. is being sought for questioning in the case.
Anyone with information leading the arrest and conviction of these men will be rewarded. Please email drew@pattayalawyers.com if you have any information about this case or these men.
James Barnes and Wayne Watson also copied the hugely popular www.Spice-Magazine.com website calling it www.Thai-Spice-Magazine.com .
Barnes falsely stated under the Thai Spice website heading “The Editor’s Mail,” “By now, you will know that SPICE! Magazine is under new management and,bless my trousers, I am the new editor.”
The cyber-crimes suppression division of the Royal Thai Police will be receiving the complaint for this illegal act and charges are expected to be placed against the pair.
The "new" Spice magazine copied maps, content, the size, format, designs, section headings all the graphics and even carelessly included references to "Thailand Spice" by leaving the logo for Thailand Spice on one of the stolen city maps the Editor James Barnes and his boss Wayne Watson had copied and printed.
The name and logo for the legitimate magazine "Thailand Spice" was also placed on the "Contact Us" page of the 2,000 copies of "Thai Spice" magazines the copyright bandits distributed in Pattaya, Koh Samui, Phuket, Bangkok and Chiang Mai. The printer is being cooperative with the investigation.
The "Thai Spice" magazine copy even used the ISSN number bar code on the front cover from the real "Thailand Spice” magazine. Also, the last printed issue of "Thailand Spice" in August was Issue 54. "Thai Spice" printed for the first time ever in September was numbered "Issue 55", not Issue 1 as would be appropriate for a first issue publication under a new name.
“They used Issue 55 to fool reader into believing they were reading the real Thailand Spice magazine,” said Tim Brighton, a long-time Thailand Spice reader who was one of many who discovered the fake.
Watson and Barnes troubles keep growing with the additional charges to be levied.
It was also discovered during the raid at "Thai Spice" headquarters that Wayne Watson had also sneakily employed some former employees of the legitimate magazine to assist him in his illegal activities.
Immigration Police from Pattaya raided one of the offices of "Thai Spice" in Jomtien and detained Wayne Watson. Additional charges are expected as the owners of Thailand Spice magazine relentlessly pursue justice.
The Department of Publishing that registers all publications is investigating charges of copyright infringements as well as fraud in the application of the "Thai Spice" publishing license. The Thai woman named on the application is being sought for questioning.
Further investigations by the Department of Labor and the Department of Revenue are continuing against Wayne Watson and his companies. Several other police departments on a local, regional and national level are becoming involved in the case so that criminal charges can be filed in all of the proper jurisdictions at all levels under Thai law.
“Compensation for damages will also be sought from Wayne Watson and all involved in this case,” said the Thai owner of Spice Magazine.
In a related matter, The Kingdom of Thailand Ministry of Culture is being notified to read and state its position on an article published in "Thai Spice" called, "Queer Darma, Buddhism and Gay Sex" written by Christopher Stanley, Jr..
Preliminary reviews by a former Ministry of Culture official hired by the owners of the legitimate magazine illegally copied called "Thailand Spice" unequivocally shows this article appearing in Thai Spice is an affront to Thai culture and may be a criminal offense.
The owners and publishers of Thailand Spice magazine and directors of the parent company T.I.T. This is (Thailand) Co., Ltd. publicly state they had no knowledge of and gave no consent for this article, or the magazine named "Thai Spice," or the website www.thai-spce-magazine.com to be published and would have never published such an offensive article or allowed their magazine and website to be copied.
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