Rail order ‘no favour to China’
S44 aims to bypass Thai-Sino hurdles
Prime Minister Prayut Chan-o-cha has insisted his planned issuance of the allpowerful Section 44 of the interim charter to clear legal hurdles in the Thai-Sino rail project is not a special favour to China but for Thailand’s benefit.
The prime minister yesterday vowed to invoke the all-powerful Section 44 next week to accelerate the Thai-Sino rail project, as well as solve problems related to energy issues.
His resolution came amid criticism that the government could use the order to bypass Thai laws for the project.
Speaking after a cabinet meeting yesterday, Gen Prayut said he will see to it that major transport projects stalled by legal technicalities, such as the Thai-Sino rail project, will proceed and be completed swiftly.
He said he will act in the best interests of the country, though the government must also abide by its agreements.
When legal hurdles emerge, he is dutybound to remove them, he said while insisting this action will not benefit any particular group or individuals.
He said that it is necessary to invoke Section 44 to ensure projects delayed due to technical glitches move ahead.
Regarding the Thai-Sino rail project, Gen Prayut said the project requires a Section 44 solution and he will invoke it next week to clear legal obstacles.
The Bangkok-Nong Khai Thai-Sino rail project has been delayed due to several technical glitches and related laws.
Government spokesman Sansern Kaewkamnerd yesterday said the prime minister has instructed all government agencies to provide the cabinet with details and justification for projects that require a Section 44 solution, particularly major projects which are essential to stimulating the economy.
This is intended to prevent any criticism over unclear details and a lack of justification for the invocation of Section 44, Lt Gen Sansern said.
Lt Gen Sansern said that Deputy Prime Minister Wissanu Krea-ngam told the cabinet meeting that among problems that have delayed the Thai-Sino rail project is the regulation that requires Chinese engineers who will work on the project to meet Thai standards set by two local professional organisations — the Council of Engineers and the Architects Council.
Under the regulation, Chinese engineers are required to undergo an exam to obtain a licence. However, the government will find a way around the problem by holding training or orientation sessions for the Chinese engineers to inform then on Thailand’s geography and natural resources, instead of taking the exam, Lt Gen Sansern said.
Another legal obstacle is the law on state procurement which stipulates that a project worth more than 5 billion baht must be considered and approved by a “superboard” that oversees project procurements, which will take quite some time, Lt Gen Sansern said, adding that the government will also waive this requirement.
Transport Minister Arkhom Termpittayapaisith said the ministry has reported problems with delays in the first phase of the project, which links Bangkok to Nakhon Ratchasima, and sought approval for a Section 44 solution from Gen Prayut.
He said if the Section 44 proposal is approved, Thailand and China are expected to sign an agreement for the first section related to the design contract by July.
Deputy Prime Minister Somkid Jatusripitak said during a visit to the ministry that a Section 44 order would help ensure construction can start this year, as ordered by the prime minister.
The government is trying to settle the problems by July before Gen Prayut visits China in September to participate in the summit meeting of the BRICS, an association of the five fastest emerging nations in the world, namely, Brazil, Russia, India, China and South Africa, which will be held in September in Xiamen, China.
Regarding energy issues, the prime minister yesterday stressed the need to increase power reserves and insisted that new sources of energy must be found to ensure energy security. He also said conflicts over energy projects should be set aside.
Among energy projects that have drawn opposition is the government’s plan to build a coal-fired power plant in the coastal province of Krabi.
The plan has been put on hold after Gen Prayut scrapped the previous environmental health impact assessment (EHIA) and ordered the Electricity Generating Authority of Thailand (Egat) to conduct a new one with greater input from nearby communities.
Regarding the rubber price issue, Gen Prayut said there was no need to use the section to solve falling rubber prices as there are other measures to fix the problems.
He said that the cabinet yesterday resolved to extend the enforcement of previous measures to buoy rubber prices.
Gen Prayut also called on rubber different growers’ associations to not come out and protest and said that the government is trying to find ways to work with t hem t o address the problem.
“Don’t go so far as to demand the dismissal of the agriculture minister. That is not the cause of the problem,” Gen Prayut said.
The prime minister said that Thailand, Malaysia, and Indonesia — t he world’s main rubber producers — will meet t o discuss market cooperation.