Asia/Pacific

• Published in: The International lawyer 2009-07, Vol.43 (2), p.1007
• Main Authors: Ahn, Soo-Jeong, Chang, Albert Y Yu, Dhingra, Manish, ce, J Robert, Fuller, Pamela A, Gill, Manjit, Herbert, William A, Kang, Hee-Chul, Kang, Raymond, Ko, Chang Hyeon, Lee, Kyung-Geun, Lee, Sang-Hoon, O'Brien, Timothy J, Saunders, Steve, Verma, Ajay, Williams, Lori J, Zoltani, Ann
• Format: Article
• Language: English
• Subjects: Banking; Contracts; Internet service providers; Joint ventures; Law; Legal reform; Legislation; Money laundering; Mortgages; Prime ministers; Private property
• ISSN: 0020-7810; 2169-6578

Thailand* A. FORMER PREMIER SENTENCED In 2008, Thaksin Shinawatra, the former Thai Premier, and his wife Pojama, faced a number of legal battles.329 In August 2008, Mrs. Shinawatra was sentenced by a Bangkok Criminal Court to serve three years in jail for tax evasion.330 Days later, she and her husband fled to London and continue to reside there in a self-imposed exile.331 On October 21, 2008, the former premier was found guilty of abuse of power as a state official.332 The case stemmed from a transaction in which Mrs. Shinawatra purchased an expensive piece of real estate at a government auction.333 The prosecution filed criminal charges against both Mrs. Shinawatra and her husband because the land transaction was allegedly done with the consent of Mr. Shinawatra while he was still holding the office of premier.334 The Supreme Court of Thailand sentenced Mr. Shinawatra to two years in prison.335 Mrs. Shinawatra was found not guilty.336 Neither defendant was present in court when the verdict was read because they were still in exile.337 The former premier has several more corruption-related cases pending against him.338 B. COMPUTER VIOLATION LAW* The Thai Parliament passed a computer violation law in 2008.339 The Computer Violation Act went into effect on August 23, 2008.340 The Act mandates that certain internet user traffic data be collected and retained by all businesses, banks, schools, hotels, internet service providers, government agencies, apartment residential complexes, Internet cafes, and game shops.341 The law requires the collected information to be retained for ninety days to assist the police in their efforts to locate persons suspected of being involved in cyber crimes.342 The type of information that must be collected and maintained under the new law includes the identity of the computer users, log in times, and websites visited.343 C. ANTI-HUMAN TRAFFICKING IN PERSONS ACT Thailand's new Anti-Human Trafficking in Persons Act came into force in June 2008.344 The law replaced the 1997 Measures in Prevention and Suppression of Trafficking in Women and Children Act.345 The new law is designed to prevent and suppress human trafficking related activities such as prostitution, slave labour, begging, [and] organ amputation for profit . . .