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Wednesday, November 30, 2022

Hopewell ruling faces charter test

The Office of the Ombudsman will pass on a petition seeking the Constitutional Court’s ruling on whether the Supreme Court’s resolution in the Hopewell case is in breach of the charter or not.

The petition is jointly sponsored by the Transport Ministry and the State Railway of Thailand (SRT). For their petition to be heard in court, it must be submitted via the Office of the Ombudsman.

The petition essentially seeks the court’s clarification of the resolution passed by the Supreme Court’s arbitration tribunal delivered on Nov 27, 2003.

The ministry and the SRT claimed the resolution did not comply with the law since the arbitration tribunal failed to send the resolution to parliament for inspection and did not publish it in the Royal Gazette. The failure rendered the resolution unenforceable.

Also, the resolution ran counter to the law on the Administrative Court…

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