PART X
RIGHTS IN SUPERJACENT WATERS
Section 22. The provisions oft Ws Act shall neither regulate any rights, Rights or hberties and privileges , including to those relating to fishing , nor affectany claims thereof, that the Kingdom of Thailand or Malaysia may have over the superjacent waters of the joint Development Area by virtue of Article IV of the Memorandum of Understanding, 1979 (B.E. 2522).
PART XI
OFFENCES AND RENALTY
Section 23. Subject to Section 25 , any person, including a director or officer of a body corporate, who violates Section 17 paragraph 1, shall be liable to imprisonment for a term not exceeding five years or to a fme not exceeding five hundred thousand Baht or to both ; and, in the case of a continuing offence, shall be liable to a further fine not exceeding ten thousand Baht per day or part of a day during which the offence continues after the first day of pronouncement of the judgement; and any machinery, tools, plants, buildings and other properties or things used or intended to be used in the commission of the offence shall be forfeited.
Section 24. Subject to Sections 23 and 25, any person, including a director or officer of a body corporate, who violates any provision of this Act or Ministerial Regulation issued under Section 18 shall be liable to imprisonment for a term not exceeding two years or to a fine not exceeding two hundred thousand Baht or to both; and, in the case of a continuing offence, shall be liable to a further fine not exceeding two thousand Baht per day or part of a day during which the offence continues after the first day of pronouncement of the judgement.
Section 25. Where a person convicted in respect of any offence re- ferred to under Section 23 or 24 is a body corporate, it shall only be liable to the imposition of any fine provided therein.
Section 26. Where a person charged with an offence under this Act or any Ministerial Regulation issued under Section 18 is a body corporate every person who, at the time of the commission of the offence, is a director or officer of the body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of that offence unless he can prove that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.
Section 27. If an agent of a person commits the offences under this Act or any Ministerial Regulation issued under Section 18 , that person shall also be deemed to be liable to the same penalty as his agent, unless he can prove that he has taken reasonable precautions to prevent the doing or omission of the thing.
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