First Cyber Laws
Expected in June
29 March 2000 |
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The
president of the National IT Committee has stated that
the first two of the IT laws, the Electronic Transaction
Law and the Digital Signature Law are expected to be
submitted to the Parliament in May. the two laws were
passed by the Cabinet in March. If approved the laws
will become effective in the middle of the year.
Thailand's
proposed IT laws comprise the following six proposed
laws: (1) Electronic Transactions, (2) Electronic Signature,
(3) Computer Crime, (4) Electronic Funds Transfer, (5)
Data Protection and (6) Universal Access. NITC expects
the remaining four laws to be completed by the beginning
of next year. |
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Legal Drive to Prevent
Organ Deals
18 February 2000 |
The
Law Society and the Medical Council are jointly drafting
a bill which intends to prevent the illegal trade of
human organs. One of the aims of the bill is to establish
a legal definition of death, the absence of such definition
is considered to be one of the contributing factors
to unethical medical practice concerning illegal organ
trading.
A
representative from the Law Society stated that doctors
engaged in organ trade should face criminal action for
falsifying documents and breaching regulations concerning
brain death. Brain death is considered by some leaders
in the medical community to be the true measure of death.
The process of diagnosing brain death, which is currently
governed by a regulation and is not believed to be strictly
followed by all doctors, would be specified under the
newly proposed law. Organs should not be removed unless,
pursuant to a series of actions required under the law,
brain death is conclusively determined. |
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New Laws Approved To
Strengthen Banking System
16 February 2000 |
Yesterday
the Cabinet a[proved five new draft laws the objectives
of which are to strengthen the banking system, assist
in restructuring and lay the foundation for future monetary
policies. One of the key changes would be to allow for
taxes and transfer fees to be waived for assets transferred
from asset management companies back to their parent
banks. This change is intended to make it easier for
borrowers whose loans are being restructured. Changes
with regard to the central bank include a new draft
charter being drawn which clearly defines the role of
the Central Bank and also a restrictions on the government
borrowing form the Central Bank. New committees wil
be set up to improve transparency and accountability.
The new Financial Institutions Act was also approved.
The Act consolidates the existing Commercial banking
Act, the Finance Securities Act and the Credit Foncier
Act. The new act will strengthen the authority of the
central bank in intervening in ailing institutions. |
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Atec Computer Slammed
Again
9 February 2000 |
Atec
Computer Company has been convicted of computer piracy
for illegal hard disk loading. This is the second conviction
for the company. The Criminal Court fined Atec 400,000
baht and also punished the company director with a substantial
fine and a suspended jail term. Kenny Cheung, legal
officer for Microsoft law and corporate affairs believes
that this conviction signifies a harder stance by the
courts against software piracy. Atec Computer was caught
loading unauthorized copies of Microsoft software on
computers and selling them to consumers. |
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House of Representatives
Passes Initial reading of Names Act
3 February
2000 |
The
House of Representatives passed its first reading of
an amendment to the Names Act seeking to allow married
women to use their maiden names. However, there was
debate concerning the appointment of various representatives
from women's groups to the committee in scrutinizing
the bill. As a result the committee was not formed.
The proposed amendments would allow married women to
choose between their maiden name and their husband's
surname. The bill also allows children to take the surname
of either parent. |
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The United Nations Conference
on Trade and Development Public Forum
22
January 2000 |
A
forum concerning the United nations Conference on Trade
and Development was held on February 12-29 at Chulalongkorn
University and participants included state employees,
NGOs and consumer groups. Concern was expressed over
the World Trade Organization's (WTO) Trade Related Agreements
on Intellectual Property (Trips) which does not protect
signatory countries from trade sanctions based on laws
deemed to be in the public benefit. One example is in
the area of compulsory licensing, ie, certain drugs
for the treatment of AIDS may not be allowed based on
fear of being in breach of the Trips Agreement.. Compulsory
licensing in effect forces a company to either use its
patent or allow anoither to use it thereby preventing
a company from simply holding a patent for a product
it does not put on the market. Compulsory licensing
has been considered desirable when such a product is
necessary for public health such as various medicines. |
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SEC Liberalized Rule
Re Debt Market
18 January 2000 |
The
Securities and Exchange Commission has approved allowing
Inter-dealer brokers to handle anonymous deals between
investors. Inter deal brokers will also be prepare real
time bid and offer quotes for dealers and offer other
financial services. A broker will be required to be
a new limited or public company and not a subsidiary
of another firm. Further, Inter-dealer brokers will
be prohibited from trading securities themselves and
thus avoid conflicts of interest. The SEC has also proposed
that regulations concerning the scope of securities
licenses be liberalized to allow greater flexibility
for firms underwriting debt instruments. Ultimately
the Thai Bond Dealing Centre is expected to be transformed
into a self-regulating organization similar to the Stock
Exchange of Thailand. |
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Drop in Bankruptcy Suits
11 January 2000 |
Although
the Bankruptcy Court handles 441 cases in its first
six months the number of cases recently files has declined
sharply. Since its establishment, the Court has dealt
with assets worth 164 billion baht. Of the total number
of cases, 25 involved business rehabilitation involving
153.8 billion baht and 416 cases were bankruptcies totaling
10.15 billion baht. The new court has approved rehabilitation
plans for 17 companies. |
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