Common sense needed

Re: “Nothing sinister here”, (PostBag, Dec 10).

“Sinister” can be used to describe oppressive laws themselves or the manner in which laws are enforced. Duncan Riley correctly points out that the Immigration Act of 1979 requires owners or managers (think hotels) of dwellings where foreign “aliens” temporarily take up residence in Thailand to report such to immigration authorities within 24 hours of the foreigner’s arrival (currently accomplished through filing the infamous TM30 form). It is particularly worth noting, however, that the act also clearly states that the notification, “… shall be made in accordance with the regulation prescribed by the director-general”. This obviously allows for flexibility and common sense in applying and enforcing the law.

Pragmatism would call for an integrated system whereby foreign visitors and temporary residents “report” where they are staying on their arrival cards (in fact, this is already the case) — or perhaps alternatively through a separate working electronic reporting system — rather than requiring physical reporting to local immigration authorities as currently demanded by some immigration offices.

The extent and approach that authorities take in enforcing laws of various types says a lot about a country’s psyche and view toward rule of law. Some poorly crafted or outdated laws are best ignored, flexibly enforced, or repealed entirely. Others, which are more critical for the welfare of society (e.g., highway speed-limit regulations, drunkdriving restrictions, etc), should be enforced with rigour.

In the case of reporting alien residents, existing Thai law already prescribes the av- enue for common sense implementation by authorising the Director-General of Immigration to decide on appropriate approaches for applying the law. I’m sure most temporary residents in Thailand would welcome the director-general providing practical and sensible guidance to all immigration offices on this matter.

SAMANEA SAMAN