Ministry explains Section 44 rail order confusion

Ministry explains Section 44 rail order confusion

Transport Minister Arkhom Termpittayapaisith explains the government's rail network plans at a conference in 2016. (Bangkok Post file photo)
Transport Minister Arkhom Termpittayapaisith explains the government's rail network plans at a conference in 2016. (Bangkok Post file photo)

The Transport Ministry on Sunday clarified points of concern over the invocation of Section 44 to clear technical and legal hurdles for the Thai-Chinese high-speed railway project.

Activist Srisuwan Janya raised his concerns about possible fallout after Prime Minister Prayut Chan-o-cha exercised his power as chief of the National Council for Peace and Order (NCPO) to issue a Section 44 order to speed up the joint rail development scheme.

The NCPO's order published in the Royal Gazette last Thursday waives some regulations to allow Chinese engineers and architects to work on design and construction as well as procurement of the high-speed train system for the Bangkok-Nakhon Ratchasima route.

Sorapong Paitoonphong, deputy spokesman for the Transport Ministry, insisted the Chinese personnel working on the rail project are not exempted from Thai laws, noting certain regulations are waived so that they need not take an exam to obtain licences.

Mr Srisuwan was concerned the Chinese could not be held accountable in case damage was done to the high-speed rail project, the environment or public health.

"Those regulations have nothing to do with civil liabilities which have been covered by the contract. Moreover, China's National Development and Reform Commission has obligations to fulfil under the Thai-Chinese memorandum of understanding (MoU)," he said.

Under the NCPO's order, a Chinese state enterprise contractor involved in building or supervising the railway line must be certified by China's National Development and Reform Commission.

Mr Sorapong dismissed Mr Srisuwan's concern the waiver of the regulations would give the Chinese people employed for the rail project "extraterritorial rights".

He gave his assurance that the waiver of regulations as stated in the NCPO's order is only to ease the way for the Chinese personnel involved in the high-speed train system, which uses advanced technology new to Thailand.

"The Chinese engineers and architects working here must obey the Thai laws like anyone else. They are required to abide by the country's laws and regulations," he said.

The transport official also said the NCPO's order does not compromise good governance and fiscal disciplines as suggested by Mr Srisuwan, even though rules involving state procurement are exempted.

He said the NCPO's order requires authorities to observe the Integrity Pact system in line with the January 2015 cabinet resolution on the matter and take into consideration benefits of the service users, efficiency and the worthiness of the operation and the use of state resources.

Mr Sorapong said the cabinet will decide if the Thai-Sino rail contract falls under Section 178 of the new charter which stipulates that agreements that cast a significant impact on the national interest require approval from parliament which, in this case, is the National Legislative Assembly.

The 252-kilometre project is part of a planned railway to link Bangkok and the Northeast's Nong Khai, a province opposite Laos.

With the NCPO's order in place, Thailand and China are expected to sign contracts on project design and construction work for the project in the coming months.

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