Connect with us


Opinion: Fill legal loopholes with strong morals

Legacy Phuket Gazette



Winai Chidchiew, 42, is the Subdistrict chief (Kamnan) of Karon. Phuket-born Mr Winai has a political science master’s degree specializing in local development and a bachelor’s degree in law, both earned from Ramkhamhaeng University. He also has a bachelor’s degree in community development from Rajabhat University.

Here, he talks about the importance of involving local authorities in decisions made for any community.

PHUKET: Much too often businessmen bypass local residents and authorities and use upper-level government bodies to help them achieve their self-serving goals. If they have something approved by these higher-ups, the local authorities have no power to refuse.

If a businessperson can persuade upper-level government officials to grant him or her permission to do something, he or she does not have to care about what the locals think.

In Article 87 of the 2007 Constitution, it was written that every government body must involve locals in decisions that could affect them. However, this is no longer the case.

While Thailand’s government drafts a new constitution, the current laws are unclear. Businessmen know this; they are clever. They are taking advantage of legal loopholes to benefit themselves.

Meanwhile, the higher authorities are being used as a tool and they ignore it. Why? Because some of them can benefit from these arrangements with businessmen. They can work together, as a team. This is an embarrassment for Thailand.

To make the system appear as if it is transparent, municipalities set up local committees, but actual local residents are rarely invited to join the meetings.

I think a lack of knowledge, morals and law enforcement, plus improper power distribution among our leaders, are the main causes of this and many other problems in Thailand.

For example, 13 companies were recently granted permission by the Governor’s Office and Department of Groundwater. Resources to dig new wells in Kata-Karon. These wells affect the quality of local residents’ well water, and can also cause the water to run out. When we have no water to use, we have to buy it. Who will pay for us? Who will be held responsible for this?

Before the Asian Beach Games, about 10 rai of sea morning glory was destroyed on Karon Beach to make room for the games. The municipality approved it without asking how the locals felt. Sea morning glory is part of Karon’s identity. This will affect the beach and the locals forever.

I understand that the law cannot prevent everything and protect everyone. However, those who practice it and use it should be well aware of its failings, and use morals as their guide in filling those gaps. This does not just go for lawyers, but also for our leaders and law enforcers.

Evidence of when this is not done is when local villagers form mobs and stage protests, calling for the higher levels of government to help them.

Thailand is my country. I cannot stand still and watch people destroy their own country to benefit themselves. We must help each other and work together to change the world.

We should write our new laws using local knowledge. Use this knowledge and learn from local people’s way of life. Ask them what they need and make a point to cater to these needs with the law.

Local people in each area do things a little bit differently. We must bring together all of this knowledge in creating our laws. It is not fair to use a constitution created by one group of people to control every single person throughout the country.

We must never think that if something does not affect us directly that it is none of our business. Everything we do affects everyone else. If we deny this, Thailand will never move forward. We must act in a way that benefits all of mankind, not just ourselves.


Get more from The Thaiger

📱 Download our app on Android or iOS
👋 Have your say on our Thailand forum
🔔 Subscribe to our daily newsletter
📺 Subscribe / Join for daily shows
👍 Like/Follow us on Facebook
🐦 FOLLOW us on Twitter
📷 FOLLOW us on Instagram


Join the conversation and have your say on Thailand news published on The Thaiger.

Thaiger Talk is our new Thaiger Community where you can join the discussion on everything happening in Thailand right now.

Please note that articles are not posted to the forum instantly and can take up to 20 min before being visible. Click for more information and the Thaiger Talk Guidelines.

Click to comment

You must be logged in to post a comment Login

Leave a Reply

Archiving articles from the Phuket Gazette circa 1998 - 2017. View the Phuket Gazette online archive and Digital Gazette PDF Prints.

Follow Thaiger by email:

Vietnam9 hours ago

Ho Chi Minh launches 3-stage reopening plan, international on January 1

Kanchanaburi10 hours ago

Border shacks to be demolished for aiding Burmese immigrants

Tourism10 hours ago

Tourism calls for Russia and India to be added to safe list

Welcome back to Thailand!

Thaiger is getting behind local businesses for the restart of tourism in Thailand - up to 50% discounts across all advertising packages!

Economy11 hours ago

Bank of Thailand plans real-world test of digital currency in 2022

Hua Hin12 hours ago

Hua Hin calls for delay in reopening amid Covid-19 infections

Chiang Mai12 hours ago

Chiang Mai Covid-19 infections swell ahead of reopening

Join the conversation on the Thaiger Talk forums today!
Koh Samui13 hours ago

Thailand’s bars and beach parties remain strictly closed (cough)

Coronavirus (Covid-19)14 hours ago

Covid-19 Sunday: Deaths fall to low of 56, provincial data

Tourism15 hours ago

Ministry of Foreign Affairs sings praises of Thailand Pass

Coronavirus (Covid-19)16 hours ago

Covid-19 in prison: outbreaks from overcrowding now subsiding

Coronavirus (Covid-19)16 hours ago

Covid-19 deaths receding, but still here; 1 month old baby dies

Crime1 day ago

Van packed with 39 illegal burmese workers stopped in Phichit

Vietnam1 day ago

Vietnam to test reopening starting with Phu Quoc Island

World1 day ago

Chinese law to limit homework and tutoring pressure on kids

Bangkok1 day ago

Thai man takes grandfather hostage in Bangkok standoff

Thailand1 month ago

Morning Top Stories Thailand | Police to end protests, Human Trafficking | September 14

Thailand8 months ago

Thailand News Today | Thai Airways in rehab, All go for Songkran | March 4

Tourism8 months ago

Phuket’s nightlife. Yes, bars and clubs are still open | VIDEO

Phuket8 months ago

Thailand News Today | Covid passport talks, Thai Airways heads to court | March 2

Tourism8 months ago

Phuket Thai food treats you need to try | VIDEO

Thailand8 months ago

Thailand News Today | Bars, pubs and restaurants ‘sort of’ back to normal | Feb 23

Tourism8 months ago

In search of Cat & Dog Cafés in Phuket Town | VIDEO

Thailand9 months ago

Thailand News Today | Gambling crackdown, Seafood market to reopen, Vlogger challenge | Jan 21

Thailand9 months ago

Thailand News Today | Covid testing for visas, Business impact, Vaccine approval | January 19

Thailand9 months ago

Thailand News Today | Weekend Bangkok bombs, Thailand fires, Covid update | January 18

Thailand9 months ago

Thailand News Today | Stray car on runway, Indonesian quake, 300 baht tourist fee | January 15

Thailand9 months ago

Thailand News Today | Governor off respirator, sex-trafficking arrest, condo prices falling | January 14

Thailand9 months ago

Thailand News Today | Chinese vaccine, Thailand ‘drug hub’, Covid update | January 13

Thailand10 months ago

Thailand News Today | Bangkok may ease restrictions, Phuket bar curfew, Vaccine roll out | January 12

Thailand10 months ago

Thailand News Today | Covid latest, Cockfights closed down, Bryde’s Whale beached | January 11