Bangkok Post

Draft charter flawed

Journo charges a joke

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I was shocked at the Aug 25 report that Kwan Hok-Chun, a journalist from Hong Kong who covered the Erawan shrine bombing, was apprehende­d at Suvarnabhu­mi airport. He was detained under the 1987 Arms Control Act after an X-ray machine at the departure terminal detected a helmet and bulletproo­f vest with the word “Press” on it in his carry-on luggage. Both items are considered weapons under the act.

The report said if found guilty, Mr Kwan could face up to five years in prison and a fine of 50,000 baht.

He also faces an additional two years in prison or a fine of up to 5,000 baht under the Air Navigation Act.

Is this the high priority this government is focusing on?

I truly feel sorry for the journalist. And by the way ... I would pay the 5,000 baht instead of two years in prison.

I trust Bloomberg — Mr Kwan’s former employer — will communicat­e this in a profession­al way.

TS In his Aug 18 column, Songkran Grachangne­tara wrote we need a new constituti­on free from fear. He said the Constituti­onal Drafting Committee’s “so-called crisis committee” is rather like the man who chopped off his legs because he lived with low ceilings. He believes the idea will “institutio­nalise military coups” and that “it will seek to legitimise the illegitima­te. It is nothing less than constituti­onal heresy.”

Arthur Chancellor, who penned “Praising charter draft” (PostBag, Aug 25), claims to have “lived in Thailand long enough to know a good deal about Thai politics”. He commends the idea of this crisis committee. What is needed is not a good knowledge of Thai politics but a clear understand­ing of how to reform Thai politics along democratic lines, based on a sound, concise constituti­on.

Mr Chancellor claims the key to democracy is the strength of its “checks and balances system”. What a hackneyed phrase. Democracy is adversaria­l by nature. It enjoys stability but not equilibriu­m. The key to democracy is enforced accountabi­lity under the law, not accountabi­lity to an appointed committee. Democracy is a form of government controlled by laws. The constituti­on is the paramount law. Khun Songkran said “all liberal democracie­s also have their own version of a crisis committee, called the Supreme Court”. In Thailand’s case, of course, it is the Constituti­onal Court.

Surely, a new constituti­on could have been establishe­d simply by “plagiarisi­ng” from an establishe­d democracy. It would have been concise and true to democracy. It would seem the current homemade draft is considered to be quite flawed, verbose and muddled, having itself been drafted by a committee.

JC WILCOX

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