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Briton Arrested For Encroaching On Public Land


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Briton nabbed for encroaching on public land

BANGKOK, March 18 (TNA) - A British businessman was arrested on Tuesday for allegedly encroaching on public land on the southern resort island of Samui, according to a senior officer at the Department of Special Investigation (DSI).

DSI spokesman Pol. Col. Narat Sawetanant said at a press conference on Tuesday that Laurence Daniel James Fay, 32, was to face charges. Mr. Fay is accused of hiring a Thai nominee to run a real estate company.

As founder of Sabai Thani Property Co Ltd, Mr. Fay purchased several plots of public land on Samui Island before constructing a condominium and housing community, according to the spokesman.

Col. Narat added Mr. Fay owned 49 per cent of the company shares, but that he had hired a number of Thai nationals to possess the other remaining 51 per cent of the shares, making him the de facto owner of the company.

DSI will ask the Land Department to revoke the company's ownership, which might affect a large number of Sabai Thani clients, said the DSI spokesman.

If found guilty, the suspect might face a maximum of three years imprisonment.

*If an ever-helpful mod could please modify.... The thread title should read* :

Briton Arrested For Encroaching On Public Land

thank you... :o

Edited by sriracha john
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I see this goes back to the Bandidos gang operating on Samui...

British 'land developer' arrested

Another member of the Bandidos motorcycle gang, suspected of involvement in the drug trade and money laundering, has been arrested in Koh Samui by the Department of Special Investigation. Pol Col Pravuth Wongsinil said Lauren Daniel James Fray, 32, is a British national and owner of Sabai Thani Property Co. "Mr Fray entered Thailand as a tourist and used loopholes in Thai laws to buy and sell public land and real estate with the assistance of Thai lawyers," he said. A source said Fray held 49% of the company and used the names of employees to hold another 51% stake. He did not put his own money into the company. Fray bought property in Laem Mai Kaen. The DSI found the property belonged to the Treasury Department. Fray divided the land into nine plots. Thais who conspired with him pretended to buy them. Fray sold the sections for 22 million baht each to Sabai Thani in order to allow foreigners to occupy the land and houses as juristic persons. "This caused the state to lose more than 70 million baht in taxes," DSI spokesman Pol Col Narat Sawettanant said. Fray is charged with illegal buying and selling of land.

Continued here:

http://www.bangkokpost.com/News/19Mar2008_news06.php

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Briton nabbed for encroaching on public land

BANGKOK, March 18 (TNA) - A British businessman was arrested on Tuesday for allegedly encroaching on public land on the southern resort island of Samui, according to a senior officer at the Department of Special Investigation (DSI).

DSI spokesman Pol. Col. Narat Sawetanant said at a press conference on Tuesday that Laurence Daniel James Fay, 32, was to face charges. Mr. Fay is accused of hiring a Thai nominee to run a real estate company.

As founder of Sabai Thani Property Co Ltd, Mr. Fay purchased several plots of public land on Samui Island before constructing a condominium and housing community, according to the spokesman.

Col. Narat added Mr. Fay owned 49 per cent of the company shares, but that he had hired a number of Thai nationals to possess the other remaining 51 per cent of the shares, making him the de facto owner of the company.

DSI will ask the Land Department to revoke the company's ownership, which might affect a large number of Sabai Thani clients, said the DSI spokesman.

If found guilty, the suspect might face a maximum of three years imprisonment.

*If an ever-helpful mod could please modify.... The thread title should read* :

Briton Arrested For Encroaching On Public Land

thank you... :o

Under the current law, aren't the nominees supposed to get into trouble for this also?

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So now there will be one poor Brit and a bunch of rich Thai nominees!

I'm sorry to say that I don't feel too sorry for this guy--he's twisted the laws to suit his own ends, as have a whole lot of other ex-pats, and on top of this he's made a dumb mistake --now his house of cards have fallen--I feel sorry for the genuine people who've bought their dream home, or whatever, and now are in a serious predicament.

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That's a perfect illustration of the vicious power of the "legal fog"... that Thai authorities love so much...

How many times I've heard that the Foreign Business Act was irrelevant ? That this law was not enforced ?

Indeed. FBA was and continues to be not enforced... Until.... Until the day one powerfull thai decides to nail you.

Just to remind you also that the most famous thai nominees maker is Mister Thaksin (first with the case of assets concealment in 2001, when he put assets in the name of his mai, chauffeur)... and when he sold his group Shin to Temasek.

But I guess, that doesn't count.

What does count is that a small farang can be nailed, at any time, if necessary.

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So far, all the posters missed the most significant part of the OP

Col. Narat added Mr. Fay owned 49 per cent of the company shares, but that he had hired a number of Thai nationals to possess the other remaining 51 per cent of the shares, making him the de facto owner of the company.

If this is the new interpretation of 49% ownership (i.e. de facto ownership) then expect this government to do what Thaksin did with the telecoms industry back in 2001-2 when he reduced the maximum foreign stockholding to 25% (before of course increasing it back o 49% immediately before selling Shin to Temasek).

I think the statement by Col. Narat needs further explanation and clarification - from him or his superiors, and most certainly by someone from the MFA and BOI.

Very worrying as what Fay did regarding shareholding is exactly what the law allows.

Is there a further whipping of farang businesses in the offing?

Edited by Gaz Chiangmai
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Hold the bus here! How many peope reading this post have - through a thai liar (sorry lawyer) - set up a company with the same 49/51 structure. The nominees being hired by the lawyer on behalf of the client - as advised by the lawyer.

Doesnt this open a huge can of worms - again! Doesnt bode well for the property market - or am i missing something?

A man walks into a recently complete condo block in Pattaya and says i would like to by a condo. The sales girl advises him that the current ratio of ownership is 49% ferang and 8% thai and the most deserible units are sold. She goes on to advise him that he can not buy one of the remaining less desireable 43% as thais must hold 51%. However, she adds you can still buy by setting up an illegal company which is perfectly normal. The guy walks out shaking his head thinking where is the logic!!

Edited by misterman21
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Briton nabbed for encroaching on public land

BANGKOK, March 18 (TNA) - A British businessman was arrested on Tuesday for allegedly encroaching on public land on the southern resort island of Samui, according to a senior officer at the Department of Special Investigation (DSI).

DSI spokesman Pol. Col. Narat Sawetanant said at a press conference on Tuesday that Laurence Daniel James Fay, 32, was to face charges. Mr. Fay is accused of hiring a Thai nominee to run a real estate company.

As founder of Sabai Thani Property Co Ltd, Mr. Fay purchased several plots of public land on Samui Island before constructing a condominium and housing community, according to the spokesman.

Col. Narat added Mr. Fay owned 49 per cent of the company shares, but that he had hired a number of Thai nationals to possess the other remaining 51 per cent of the shares, making him the de facto owner of the company.

DSI will ask the Land Department to revoke the company's ownership, which might affect a large number of Sabai Thani clients, said the DSI spokesman.

If found guilty, the suspect might face a maximum of three years imprisonment.

*If an ever-helpful mod could please modify.... The thread title should read* :

Briton Arrested For Encroaching On Public Land

thank you... :o

Would be good if you could provide the URL too. :D

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