Section 46 decem76. In the case where there is evidence that any person has
committed an offence provided in Section 46 novem., and the Bank of Thailand considers that
damage to the public interest may be caused unless an immediate action is taken, the Bank of
Thailand shall have power to order the seizure or attachment of properties of that person, or
properties which may legally be deemed to be properties belonging to that person. The seizure or
attachment may not be longer than one hundred and eighty days unless a case has been filed in the
court, in which the order of seizure or attachment shall continue to be effective until the court
orders otherwise. Where circumstances render it impossible to file a case in the court within one
hundred and eighty days, the court having jurisdiction may extend the period of seizure or
attachment as requested by the Bank of Thailand.
The Bank of Thailand shall have power to appoint officials of the Bank of Thailand to
seize or attach properties under the first paragraph.
The provision of the Revenue Code shall apply to seizure or attachment of properties
under the first paragraph mutatis mutandis.
With respect to the first paragraph, in the case where there is reasonable ground for
suspecting that such person is about to abscond from the Kingdom, the Criminal Court shall have
power to restrain that person from leaving the Kingdom as requested by the Bank of Thailand. In
case of emergency, when the Governor of the Bank of Thailand or a person designated by the
Governor has notified the Director General of the Police Department, the Director General of the
Police Department shall have power to restrain that person from leaving the Kingdom for a
temporary period not more than fifteen days until the Criminal Court orders otherwise.
Whoever violates the order of the Criminal Court or the Director General of the Police
Department made under the provisions of the fourth paragraph shall be liable to the imprisonment
for a term not exceeding ten years and to a further fine not exceeding Baht one million.
Section 47. During a period of one year as from the date on which this Act comes into
force,
(1) the provisions of the second paragraph of Section 6 shall not apply to a commercial bank which is a branch of a foreign bank, in which carrying on the business of
commercial banking on the date of enforcement of this Act,
(2) in implementing the provisions of Section 10 and Section 13, the assets of the type
prescribed by the Minister and maintained in Thailand by a commercial bank, which is a branch
of a foreign bank, shall be considered as capital funds.
Section 48. During a period of three years as from the date on which this Act comes
into force, the provisions of Section 19 shall not apply to a person already holding, on the date of
enforcement of this Act, a position which is prohibited under the said Section.
Section 49. During the period in which notifications of the Bank of Thailand issued
under Section 11 and Section 14 (1) have not yet come into force, the provisions of Section 10,
Section 12 and Section 31, of the Commercial Banking Act B.E. 2488 shall apply to commercial
banks.
Section 50. The Minister of Finance shall be in charge of this Act.
Countersigned by
Field Marshall S. DHANARAJATA
President of the Council of Ministers.
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