Translation:Note of the Office of the Prime Minister No Noro 0503/851

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Note of the Office of the Prime Minister No Noro 0503/851 (2017)
Office of the Prime Minister of Thailand, translated from Thai by Wikisource

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3713905Note of the Office of the Prime Minister No Noro 0503/8512017Office of the Prime Minister of Thailand


No Noro 0503/851	Office of the Prime Minister Government House, BKK, 10300

10 January 2560

Re:		Draft Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No ..), .... Buddhist Era
To:		President of the National Legislative Assembly

Attachment:The draft constitution [amendment] in this matter

Whereas the Cabinet and the National Council for Peace and Order met for a discussion, at which they resolved to introduce a Draft Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No ..), .... Buddhist Era, to the National Legislative Assembly as an urgent matter;

Therefore, [I] introduce [to you] the said draft constitution [amendment], together with a memorandum on its principle and grounds and an analytical memorandum summarising its material points, asking [you] to further present [them] to the National Legislative Assembly as an urgent matter of consideration according to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era.

Yours very respectfully,
General Prayut Chan-o-cha
(Prayut Chan-o-cha)
Prime Minister

Secretariat of the Cabinet
Tel 0 2280 9000 ext 301
Fax 0 2280 9058

Memorandum on the principle and grounds of
the Draft Amendment to the Constitution of
the Kingdom of Thailand (Interim), 2557 Buddhist Era,
(No ..), .... Buddhist Era

Principle:

To amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era.

Grounds:

After the Prime Minister presented the Draft Constitution of the Kingdom of Thailand, .... Buddhist Era, [to His Majesty] for consideration, the Cabinet and the National Council for Peace and Order jointly considered and found it appropriate to amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, to enable [the Prime Minister] to take [back] the draft constitution already presented [to His Majesty and have it] amended only in [respect of] the issues notified by the Office of His Majesty’s Principal Private Secretary, before presenting it to [His Majesty] again within the designated time. It is therefore necessary to enact this Constitution [Amendment].

Draft
Amendment to
the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era,
(No ..), .... Buddhist Era

. . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Whereas it is appropriate to amend the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section1.This Constitution [Amendment] is called the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No ..), .... Buddhist Era.

Section2.This Constitution [Amendment] shall come into force from the day after the day of its publication in the Royal Gazette onwards.

Section3.The following provisions shall be inserted in the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, as paragraph 3 of section 2:

“Whenever the Monarch is to not reside in the Kingdom or is to be unable to handle His royal burdens for any whatever reason, it is permissible for Him to appoint any or no one as His Regent, and the President of the National Assembly shall countersign the appointment.”

Section4.The provisions of paragraph 11 of section 39/1 of the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, which have been amended by the Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No 2), 2559 Buddhist Era, shall be repealed and replaced by the following provisions:

“Once the Prime Minister has brought and presented the draft constitution [to the Monarch] according to paragraph 9 in conjunction with paragraph 10, if there happens to be an event in which the Monarch gives, within ninety days, observations that any matters should be amended, the Prime Minister shall request His royal permission to take the draft constitution back in order to amend only the issues according to those observations and amend the preamble of the draft constitution in compliance therewith. Then the Prime Minister shall bring and present the amended draft constitution to [the Monarch] again within thirty days from the day he receives [the draft constitution] back from [the Monarch] as requested. Once the Prime Minister has brought and presented the amended draft constitution to [the Monarch] and [the Monarch] has signed it, it shall be published in the Royal Gazette and come into force, provided that it be also countersigned by the Prime Minister. In the event that the Monarch disapproves the draft constitution or amended draft constitution and gives it back, or when He fails to give it back within ninety days from the day the Prime Minister brings and presents [to Him] the draft constitution or amended draft constitution, as the case may be, the draft constitution or amended draft constitution shall lapse.”

Countersignature
. . . . . . . . . . . . . . . . . .
Prime Minister

Analytical memorandum summarising the material points of
the Draft Amendment to
the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era,
(No ..), .... Buddhist Era

The Cabinet and the National Council for Peace and Order have resolved to introduce a Draft Amendment to the Constitution of the Kingdom of Thailand (Interim), 2557 Buddhist Era, (No ..), .... Buddhist Era, to the National Legislative Assembly as an urgent matter. They have prepared the following analytical memorandum summarising the material points of the draft constitution [amendment]:

1. The grounds and necessity for introducing the draft

To enable [the Prime Minister] to take back the draft constitution which has already been presented [to His Majesty in order to] amend it only in [respect of] the issues notified by the Office of His Majesty’s Principal Private Secretary, before presenting it to [His Majesty] again within the designated time.

2. The material points of the draft

2.1Insert a provision relating to the appointment of a Regent in the event that the Monarch is to be absent from the Kingdom or is to be unable to handle His royal burdens for whatever reason, allowing [the Monarch] to appoint or refrain from appointing anyone as His regent and requiring the President of the National Assembly to countersign the appointment. (Draft section 3)

2.2Amend the provisions relating to the making of amendments to the draft constitution in the event that the Prime Minister presents the draft constitution [to the Monarch] according to paragraph 9 in conjunction with paragraph 10 and the Monarch gives within ninety days an observation that any parts should be amended. [In such event,] the Prime Minister would be enabled to request royal permission to take that draft constitution back to amend only the issues according to such observation and amend the preamble of the draft constitution in compliance therewith. The Prime Minister would then be required to bring and present the amended draft constitution to the Monarch again within thirty days from the day he receives [the draft constitution] back [from the Monarch] as requested. Once the Prime Minister has brought and presented the amended draft constitution [to the Monarch] and [the Monarch] has signed it, [the draft constitution] would be published in the Royal Gazette and come into force, with the requirement that it be also countersigned by the Prime Minister. In the event that the Monarch disapproves the draft constitution or amended draft constitution and gives it back, or when He fails to give it back within ninety days from the day the Prime Minister brings and presents to Him the draft constitution or amended draft constitution, as the case may be, the draft constitution or amended draft constitution would lapse. (Draft section 4)

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(3) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

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

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

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.

Public domainPublic domainfalsefalse

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.

Public domainPublic domainfalsefalse