Translation:Emergency Decree for the Protection of Peace in Order to Enable the Implementation of the (Interim) Constitution Dated 9 November 2490 Buddhist Era, 2490 BE

Emergency Decree for the Protection of Peace in Order to Enable the Implementation of the (Interim) Constitution Dated 9 November 2490 Buddhist Era, 2490 BE (1947)
19th Cabinet of Thailand, translated from Thai by Wikisource
4101715Emergency Decree for the Protection of Peace in Order to Enable the Implementation of the (Interim) Constitution Dated 9 November 2490 Buddhist Era, 2490 BE194719th Cabinet of Thailand
Seal of the Royal Command
Seal of the Royal Command

Emergency Decree
for the Protection of Peace in Order to Enable the Implementation of
the (Interim) Constitution Dated 9 November 2490 Buddhist Era,
2490 BE


In the name of Somdet Phra Chaoyuhua Bhumibol Adulyadej
The Supreme Council of State, in the capacity of a Council of Regency

Rangsit Krommakhun Chainatnarenthon
Alongkot
Thaniniwat
Manawaratchasewi
Adundetcharat

Given on the 21th day of November 2490 BE
Being the 2nd year of the present reign

Whereas a party of military officers has successfully carried out a coup d'état and has now enacted the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era; and whereas there might be some groups or bands of persons offering obstruction to the implementation of such Constitution, thus making it appropriate to have a law for the protection of peace in order to enable the implementation of the Constitution;

And whereas it is an event of emergency in which it is urgently necessary to maintain public safety and it is unable to convene the National Assembly timely;

Therefore, by virtue of the power under the stipulations of section 80 of the Constitution of the Kingdom of Thailand (Interim) dated 9 November 2490 Buddhist Era, the Monarch gives a great royal command that the following Emergency Decree be enacted:

Section1.This Emergency Decree is called the "Emergency Decree for the Protection of Peace in Order to Enable the Implementation of the (Interim) Constitution Dated 9 November 2490 Buddhist Era, 2490 BE".

Section2.This Emergency Decree shall come into force from the day and time of its publication in the Royal Gazette onwards.

Section3.This Emergency Decree shall take effect from the day[1] and time that the present Council of Ministers is established by [the Monarch], and shall come to an end when [the Monarch] entertains an opinion that the administration under the Constitution in force at the present has already been freed from harm, which shall be made known by an announcement of His royal command, but which must, at most, not exceed ninety days counted from the day of coming into force of this Emergency Decree.

Section4.For the purpose of the protection of peace in order to enable the implementation of the present Constitution, the military shall be able to exercise the following powers only in cases of actual necessity, namely—

(1)to arrest and detain persons, when there are reasonable grounds to suspect that they would obstruct the implementation of the present Constitution, for a period not over seven days, upon expiry of which shall they be ordered to be released or committed to inquiry officials to be proceeded with in accordance with the Criminal Procedure Code;

(2)to seize from any persons firearms, ammunition, explosives, warring devices, military and police uniforms, and other things which may be utilised to obstruct the implementation of the present Constitution, when there are reasonable grounds to suspect that they would obstruct the implementation of the present Constitution;

(3)to inspect and search any buildings and places for implementing subsection 1 and subsection 2 and for investigating about or seeking out the evidence relating to acts of obstructing the implementation of the present Constitution;

(4)to order the possessors of the objects specified in subsection 2 to bring those objects before and surrender them to the competent authorities who are to be appointed for this purpose, when there are reasonable grounds to suspect that the said objects would be used to obstruct the implementation of the present Constitution;

(5)to close or prohibit the use of any part of a public way, or to enter a public way so as to stay or install anything there, when it is necessary to do so for preventing or combating acts of obstructing the implementation of the present Constitution.

Section5.The exercise of the powers provided in section 4 shall not be deemed to constitute a tort from which arises a right to claim civil compensation.

Section6.The Minister of Defence shall be in charge of the execution of this Emergency Decree.

Countersignatory:
Khuang Aphaiwong
Prime Minister

Notes edit

  1. Cabinet Secretariat of Thailand (2018): The 19th cabinet of Thailand was established on 11 November 2490 BE (1947 CE).

Bibliography edit

Original edit

  • "Phra Ratcha Kamnot Khumkhrong Khwamsa-ngopsuk Phuea Hai Kan Damnoen Pai Tam Ratthathammanun (Chabap Chua-khrao) Long Wan Thi Kao Phruetsachikayon Phutthasakkarat Song Phan Si Roi Kaosip Phoso Song Phan Si Roi Kaosip" [Emergency Decree for the Protection of Peace in Order to Enable the Implementation of the (Interim) Constitution Dated 9 November 2490 Buddhist Era, 2490 BE]. (1947, 22 November). Ratchakitchanubeksa [Royal Gazette], 64(56A), 1–5. (In Thai).

References edit

   This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

 

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;'
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

 

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Translation:

 

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

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