|
| |
Part 4
Administrative Courts
____________
Section 276. Administrative Courts have the powers to try and
adjudicate cases of dispute between a State agency, State enterprise, local
government organisation, or State official under the superintendence or
supervision of the Government on one part and a private individual on the other
part, or between a State agency, State enterprise, local government organisation,
or State official under the superintendence or supervision of the Government on
one part and another such agency, enterprise, organisation or official on the other
part, which is the dispute as a consequence of the act or omission of the act that
must be, according to the law, performed by such State agency, State enterprise,
local government organisation, or State official, or as a consequence of the act or
omission of the act under the responsibility of such State agency, State
enterprise, local government organisation or State official in the performance
of duties under the law, as provided by law.
There shall be the Supreme Administrative Court and
Administrative Courts of First Instance, and there may also be the Appellate Administrative
Court.
Section 277. The appointment and removal from office of an
administrative judge must be approved by the Judicial Commission of the
Administrative Courts as provided by law before they are tendered to the King.
Qualified persons in the field of law or the administration of the
State affairs may be appointed as judges of the Supreme Administrative Court.
Such appointment shall be made in the number of not less than one-third of the
total number of judges of the Supreme Administrative Court and must be
approved by the Judicial Commission of the Administrative Courts as provided
by law and by the Senate before it is tendered to the King.
The promotion, increase of salaries, and punishment of
administrative judges must be approved by the Judicial Commission of the
Administrative Courts as provided by law.
Section 278. The appointment of an administrative judge as
President of the Supreme Administrative Court, shall, when already approved by
the Judicial Commission of the Administrative Courts and the Senate, be
tendered by the Prime Minister to the King for appointment.
Section 279. The Judicial Commission of the Administrative
Courts consists of the following persons:
(1) President of the Supreme Administrative Court as Chairman;
(2) nine qualified members who are administrative judges and
elected by administrative judges among themselves;
(3) three qualified members, two of whom are elected by the
Senate and the other by the Council of Ministers.
The qualifications, prohibitions and procedure for the election of
the qualified members shall be in accordance with the provisions of the law.
Section 280. The Administrative Courts shall have an independent
secretariat, with the Secretary-General of the Office of the
Administrative Courts as the superior responsible directly to the President of the
Supreme Administrative Court.
The appointment of the Secretary-General of the Office of the
Administrative Courts must be approved by the Judicial Commission of
Administrative Courts as provided by law.
The Office of the Administrative Courts shall have autonomy in
personnel administration, budget and other activities as provided by law.
Part 5
Military Courts
____________
Section 281. Military Courts have the powers to try and adjudicate
military criminal cases and other cases as provided by law.
The appointment and removal from office of military judges shall
be as provided by law.
CHAPTER IX
Local Government
____________
Section 282. Subject to section 1, the State shall give autonomy to
the locality in accordance with the principle of self-government according to the
will of the people in the locality.
Section 283. Any locality which meets the conditions of self-
government shall have the right to be formed as a local government organisation
as provided by law.
The supervision of a local government organisation must be
exercised in so far as it is necessary as provided by law but must be for
protecting local interests or the interests of the country as a whole; provided,
however, that it shall not substantially affect the principle of self-government
according to the will of the people in the locality otherwise than as provided by
law.
Section 284. All local government organisations shall enjoy
autonomy in laying down policies for their governance, administration, personnel
administration, finance and shall have powers and duties particularly on their
own part.
The delineation of powers and duties between the State and a local
government organisation and among local government organisations themselves
shall be in accordance with the provisions of the law, having particular regard to
the promotion of decentralisation.
For the purpose of the continual development of decentralisation to
a higher level, there shall be the law determining plans and process of
decentralisation, the substance of which shall at least provide for the following
matters.
(1) the delineation of powers and duties in the management of
public services between the State and a local government organisation and
among local government organisations themselves;
(2) the allocation of taxes and duties between the State and a local
government organisation, having regard to burdens of the State vis-?-vis the
local government organisation and those among local government organisations
themselves;
(3) the setting up of a committee to perform the duties in (1) and
(2) consisting, in an equal number, of representatives of relevant Government
agencies, representatives of local government organisation and qualified persons
possessing the qualifications as provided by law.
In the case where the delineation of powers and duties and the
allocation of taxes and duties under (1) and (2) have been made for any local
government organisation, the committee under (3) shall review them every five
years as from the date of the delineation of powers and duties or the date of the
allocation of taxes and duties, as the case may be, in order to consider the
suitability of the delineation of powers and duties and the allocation of taxes and
duties previously made, having particular regard to the promotion of
decentralisation.
The proceeding under paragraph four shall be effective when the
approval of the Council of Ministers has been obtained and the National
Assembly has been notified thereof.
Section 285. A local government organisation shall have a local
assembly and local administrative committee or local administrators.
Members of a local assembly shall be elected.
A local administrative committee or local administrators shall be
directly elected by the people or shall be from the approval of a local assembly.
An election of members of a local assembly and local
administrative committee or local administrators who must be directly elected by
the people shall be made by direct suffrage and secret ballot.
Members of a local assembly, local administrative committee or
local administrators shall hold office for the period of four years.
A member of a local administrative committee or local
administrator shall not be a Government official holding a permanent position or
receiving a salary or an official or employee of a State agency, State enterprise or
local government organisation.
The qualifications of the person having the right to vote and the
person having the right to apply for candidacy in an election of members of a
local assembly, members of a local administrative committee and local
administrators and rules and procedure therefor shall be in accordance with the
provisions of the law.
In the case where there is a dissolution of a local assembly or
where members of a local assembly have vacated office en masse under section
286 and a local administrative committee or local administrators must be
temporarily appointed, the provisions of paragraph two, paragraph three and
paragraph six shall not apply, as provided by law.
Section 286. If persons, having the right to vote in an election in
any local government organisation, of not less than three-fourths of the number
of the voters who are present to cast ballot consider that any member of the local
assembly or any administrator of that local government organisation is not
suitable to remain in office, such member or administrator shall vacate the office,
as provided by law.
The voting under paragraph one shall be made by not less than
one-half of the total number of the persons having the right to vote.
Section 287. Persons, having the right to vote in any local
government organisation, of not less than one-half of the total number of the
persons having the right to vote in that local government organisation shall have
the right to lodge with the President of the local assembly a request for the
issuance by the local assembly of local ordinances.
The request under paragraph one shall be accompanied by the draft
local ordinances.
The rules and procedure for the lodge of request and the
examination thereof shall be as provided by law.
Section 288. The appointment and removal of officials and
employees of a local government organisation shall be in accordance with the
need of and suitability to each locality and shall obtain prior approval from the
Local Officials Committee, as provided by law.
The Local Officials Committee under paragraph one shall consist,
in an equal number, of representatives of relevant Government agencies,
representatives of local government organisations and qualified persons
possessing the qualifications as provided by law.
The transfer, promotion, increase of salaries and the punishment of
the officials and employees of a local government organisation shall be in
accordance with the provisions of the law.
Section 289. A local government organisation has the duty to
conserve local arts, custom, knowledge or good culture.
A local government organisation has the right to provide education
and professional training in accordance with the suitability to and the need of
that locality and participate in the provision of education and training by the
State; provided that it shall not be contrary to section 43 and section 81, as
provided by law.
In providing education and training in the locality under paragraph
two, the local government organisation shall also have regard to the conservation
of local arts, custom, knowledge and good culture.
Section 290. For the purpose of promoting and maintaining the
quality of the environment, a local government organisation has powers and
duties as provided by law.
The law under paragraph one shall at least contain the following
matters as its substance:
(1) the management, preservation and exploitation of the natural
resources and environment in the area of the locality;
(2) the participation in the preservation of natural resources and
environment outside the area of the locality only in the case where the living of
the inhabitants in the area may be affected;
(3) the participation in considering the initiation of any project or
activity outside the area of the locality which may affect the quality of the
environment, health or sanitary conditions of the inhabitant in the area.
 |
CHAPTER X
Inspection of the Exercise of State Power
____________
Part 1
Declaration of Accounts Showing Particulars of Assets and Liabilities
____________
Section 291. Persons holding the following political positions
shall submit an account showing particulars of assets and liabilities of
themselves, their spouses and children who have not yet become sui juris to the
National Counter Corruption Commission on each occasion of taking or
vacating office:
(1) Prime Minister;
(2) Ministers;
(3) members of the House of Representatives;
(4) senators;
(5) other political officials;
(6) local administrators and members of a local assembly as
provided by law.
The account under paragraph one shall be submitted together with
the supporting documents evidencing the actual existence of such assets and
liabilities as well as a copy of the personal income tax return of the previous
fiscal year. The declarer shall certify the accuracy of the account and copies of
the submitted documents by affixing his or her signature on every page thereof.
Section 292. The account showing particulars of assets and
liabilities under section 291 shall disclose the particulars of assets and liabilities
actually existing as of the date of the submission thereof and shall be submitted
within such time as follows:
(1) in the case of the taking of office, within thirty days as from the
date of taking office;
(2) in the case of the vacation of office, within thirty days as from
the date of the vacation;
(3) in the case where the person under section 291, who has already
submitted the account, dies while being in office or before submitting the same
after the vacation of office, an heir or an administrator of an estate of such
person shall submit an account showing the particulars of assets and liabilities
existing on the date of such person?s death within ninety days as from the date of
the death.
In addition to the submission of the account under (2), the person
holding a position of Prime Minister, Ministers, local administrator, member of a
local assembly or the person holding a political position but having vacated
office shall also re-submit an account showing particulars of assets and liabilities
within thirty days as from the date of the expiration of one year after the vacation
of office.
Section 293. When the account showing the particulars of assets
and liabilities and its supporting documents have been received, the President of
the National Counter Corruption Commission or the member of the National
Counter Corruption Commission as entrusted by the President shall affix his or
her signature on every page of the account.
The account and supporting documents under paragraph one
submitted by the Prime Minister and Ministers shall be disclosed to public
without delay but not later than thirty days as from the date of the expiration of
the time limit for the submission of such account. The account of the persons
holding other positions shall not be disclosed to any person unless the disclosure
will be useful for the trial and adjudication of cases or for the making of a
decision and is requested by the courts or the State Audit Commission.
The President of the National Counter Corruption Commission
shall convene a meeting of the Commission to inspect the accuracy and the
actual existence of assets and liabilities without delay.
Section 294. In the case where the submission of the account is
made by reason of the vacation of office or death of any person holding a
political position, the National Counter Corruption Commission shall inspect the
change of assets and liabilities of such person and prepare a report of the
inspection. Such report shall be published in the Government Gazette.
In the case where it appears that the assets of the person under
paragraph one have unusually increased, the President of the National Counter
Corruption Commission shall send all documents together with the inspection
report to the Prosecutor General to institute an action in the Supreme Court of
Justice?s Criminal Division for Persons Holding Political Positions so that the
unusually increasing assets shall vest in the State.
The provisions of section 305 paragraph five shall apply mutatis
mutandis.
Section 295. Any person holding a political position who
intentionally fails to submit the account showing assets and liabilities and the
supporting documents as provided in this Constitution or intentionally submits
the same with false statements or conceals the facts which should be revealed
shall vacate office as from the date of the expiration of the time limit for the
submission under section 292 or as from the date such act is discovered, as the
case may be, and such person shall be prohibited from holding any political
position for five years as from the date of the vacation of office.
When the case under paragraph one occurs, the National Counter
Corruption Commission shall refer the matter to the Constitutional Court for
further decision, and when the decision of the Constitutional Court is given, the
provisions of section 97 shall apply mutatis mutandis.
Section 296. The provisions of section 291, section 292, section
293 paragraph one and paragraph three and section 295 paragraph one shall
apply mutatis mutandis to other State officials as provided by the organic law on
counter corruption.
Part 2
The National Counter Corruption Commission
____________
Section 297. The National Counter Corruption Commission
consists of the President and eight qualified members appointed by the King with
the advice of the Senate.
Members of the National Counter Corruption Commission shall be
persons of apparent integrity, with qualifications and without any of the
prohibitions under section 256.
The provisions of section 257 and section 258 shall apply to the
selection and election of members of the National Counter Corruption
Commission mutatis mutandis. For this purpose, the Selective Committee for
members of the National Counter Corruption Commission shall consist of fifteen
members, viz, the President of the Supreme Court of Justice, the President of the
Constitutional Court, the President of the Supreme Administrative Court, Rectors
of all State higher education institutions which are juristic person, being elected
among themselves to be seven in number, and representatives of all political
parties having a member who is a member of the House of Representatives;
provided that each party shall have one representative and all such
representatives shall elect among themselves to be five in number.
The President of the Senate shall countersign the Royal Command
appointing the President and members of the National Counter Corruption
Commission.
Section 298. Members of the National Counter Corruption
Commission shall hold office for a term of nine years as from the date of their
appointment by the King and shall serve for only one term.
Members of the National Counter Corruption Commission who
vacate office at the expiration of term shall remain in office to continue to
perform their duties until the newly appointed members take office.
Section 260 and section 261 shall apply to the vacation, selection
and election of members of the National Counter Corruption Commission
mutatis mutandis.
Section 299. Members of the House of Representatives of not less
than one-fourth of the total number of the existing members of the House have a
right to lodge with the President of the Senate a complaint that any member of
the National Counter Corruption Commission has acted unjustly, intentionally
violated the Constitution or laws or has been under any circumstance which is
seriously detrimental to the dignity of the holding of office, in order to request
the Senate to pass a resolution removing him or her from office.
The resolution of the Senate removing the member of the National
Counter Corruption Commission from office under paragraph one shall be
passed by votes of not less than three-fourths of the total number of the existing
members of the Senate.
Section 300. Members of the House of Representatives, senators
or members of both Houses of not less than one-fourth of the total number of the
existing members of both Houses have a right to lodge with the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions an allegation that any
member of the National Counter Corruption Commission has become unusually
wealthy or has committed an offence of corruption or malfeasance in office.
The request under paragraph one shall clearly, itemise the
circumstance in which such person has allegedly committed the act under
paragraph one and shall be submitted to the President of the Senate. When the
President of the Senate has received the said request, the President shall refer it
to the Supreme Court of Justice?s Criminal Division for Persons Holding
Political Positions for trial and adjudication.
The alleged member of the National Counter Corruption
Commission shall not perform his or her duty until the Supreme Court of
Justice?s Criminal Division for Persons Holding Political Positions has dismissed
the said request.
Section 301. The National Counter Corruption Commission shall
have the following powers and duties:
(1) to inquire into facts, summarise the case and prepare opinion to
be submitted to the Senate according to section 305;
(2) to inquire into facts, summarise the case and prepare opinions
to be submitted to the Supreme Court of Justice?s Criminal Division for Persons
Holding Political Positions in accordance with section 308;
(3) to inquire and decide whether a State official has become
unusually wealthy or has committed an offence of corruption, malfeasance in
office or malfeasance in judicial office in order to take further action in
accordance with the organic law on counter corruption;
(4) to inspect the accuracy, actual existence as well as change of
assets and liabilities of the persons holding positions under section 291 and
section 296 as stated in the account and supporting documents submitted;
(5) to submit an inspection report and a report on the performance
of duties together with remarks to the Council of Ministers, the House of
Representatives and the Senate annually and publish that report for
dissemination;
(6) to carry on other acts as provided by law.
Section 146 and section 265 shall apply to the performance of
duties of the National Counter Corruption Commission mutatis mutandis.
Section 302. The National Counter Corruption Commission shall
have an independent secretariat, with the Secretary-General of the National
Counter Corruption Commission as the superior responsible directly to the
President of the National Counter Corruption Commission.
The appointment of the Secretary-General of the National Counter
Corruption Commission shall be approved by the National Counter Corruption
Commission and the Senate.
The Office of the National Counter Corruption Commission shall
have autonomy in personnel administration, budget and other activities as
provided by law.
|
Part 3
The Removal from Office
____________
Section 303. A person holding a position of Prime Minister,
Minister, member of the House of Representatives, senator, President of the
Supreme Court of Justice, President of the Constitutional Court, President of the
Supreme Administrative Court or Prosecutor General, who is under the
circumstance of unusual wealthiness indicative of the commission of corruption,
malfeasance in office, malfeasance in judicial office or an intentional exercise of
power contrary to the provisions of the Constitution or law, may be removed
from office by the Senate.
The provisions of paragraph one shall also apply to the persons
holding the following positions:
(1) Election Commissioner, Ombudsman, judge of the
Constitutional Court, and member of the State Audit Commission;
(2) judge, public prosecutor or high ranking official in accordance
with the organic law on counter corruption.
Section 304. Members of the House of Representatives of not less
than one-fourth of the total number of the existing members of the House or
voters of not less than fifty-thousand in number have the right to lodge with the
President of the Senate a complaint in order to request the Senate to pass a
resolution under section 307 removing the persons under section 303 from
office. The said request shall clearly itemise circumstances in which such
persons have allegedly committed the act.
Senators of not less than one-fourth of the total number of the
existing members of the Senate have the right to lodge with the President of the
Senate a complaint in order to request the Senate to pass a resolution under
section 307 removing a senator from office.
The rules, procedure and conditions for the lodging of the
complaint by the voters under paragraph one shall be in accordance with the
organic law on counter corruption.
Section 305. Upon receipt of the request under section 304, the
President of the Senate shall refer the matter to the National Counter Corruption
Commission for investigation without delay.
When the investigation is complete, the National Counter
Corruption Commission shall prepare a report thereon for submission to the
Senate. The said report shall clearly state whether, and to what extent, the
accusation put in the request is prima facie case and shall state the reasons
therefor.
In the case where the National Counter Corruption Commission is
of the opinion that the accusation put in the request is an important matter, the
National Counter Corruption Commission may make a separate report
specifically on the said accusation and refer it to the Senate in advance.
If the National Counter Corruption Commission passes a resolution
that the accusation has a prima facie case, the holder of the position against
whom the accusation has been made shall not, as from the date of such
resolution, perform his or her duties until the Senate has passed its resolution.
The President of the National Counter Corruption Commission shall submit the
report, existing documents and its opinion to the President of the Senate for
proceeding in accordance with section 306 and to the Prosecutor General for
instituting prosecution in the Supreme Court of Justice?s Criminal Division for
Persons Holding Political Positions. If the National Counter Corruption
Commission is of the opinion that the accusation has no prima facie case, such
accusation shall lapse.
In the case where the Prosecutor General is of the opinion that the
report, documents and opinion submitted by the National Counter Corruption
Commission under paragraph four are not so complete as to institute prosecution,
the Prosecutor General shall notify the National Counter Corruption Commission
for further proceedings and, for this purpose, the incomplete items shall be
specified on the same occasion. In such case, the National Counter Corruption
Commission and the Prosecutor General shall appoint a working committee,
consisting of their representatives in an equal number, for collecting complete
evidence and submit it to the Prosecutor General for further prosecution. In the
case where the working committee is unable to reach a decision as to the
prosecution, the National Counter Corruption Commission shall have the power
to prosecute by itself or appoint a lawyer to prosecute on its behalf.
Section 306. Upon receipt of the report under section 305, the
President of the Senate shall convoke a sitting of the Senate for considering the
said matter without delay.
In the case where the National Counter Corruption Commission
submits the report out of session of the Senate, the President of the Senate shall
inform the President of the National Assembly in order to tender a petition to the
King for the issuance of a Royal Command convoking an extraordinary session
of the National Assembly. The President of the Senate shall countersign the
Royal Command.
Section 307. A senator shall have autonomy in casting a vote,
which must be by secret ballot. A resolution for the removal of any person from
office shall be passed by votes of not less than three-fifths of the total number of
the existing members of the Senate.
A person who is removed from office shall vacate office or be
released from government service as from the date of the resolution of the
Senate. Such person shall be deprived of the right to hold any political position
or to serve in the government service for five years.
The resolution of the Senate under this section shall be final and no
request for the removal of such person from office shall be made on the same
ground, without, however, prejudice to the trial of the Supreme Court of Justice's
Criminal Division for Persons Holding Political Positions.
|
Part 4
Criminal Proceedings Against Persons Holding Political Positions
____________
Section 308. In the case where the Prime Minister, a minister,
member of the House of Representatives, senator or other political official has
been accused of becoming unusually wealthy, or of the commission of
malfeasance in office according to the Penal Code or a dishonest act in the
performance of duties or corruption according to other laws, the Supreme Court
of Justice?s Criminal Division for Persons Holding Political Positions shall have
the competent jurisdiction to try and adjudicate the case.
The provisions of paragraph one shall also apply to the case where
the said person or other person is a principal, an instigator or a supporter.
Section 309. A person injured by the act under section 308 shall
have the right to lodge with the National Counter Corruption Commission the
petition for action to be taken under section 301 (2) in accordance with the
organic law on counter corruption.
The provisions of section 305 paragraph one, paragraph four and
paragraph five shall apply mutatis mutandis.
Section 310. In a trial, the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions shall rely on the file of the National Counter
Corruption Commission and may conduct an investigation in order to obtain
additional facts or evidence as it thinks fit.
The provisions of section 265 shall apply to the performance of
duties of the Supreme Court of Justice?s Criminal Division for Persons Holding Political
Positions mutatis mutandis.
The provisions on the immunity of members of the House of
Representatives and senators under section 166 and section 167 shall not apply to
a trial of the Supreme Court of Justice?s Criminal Division for Persons Holding Political
Positions.
Section 311. An adjudication of a case shall be made by a
majority of votes; provided that every judge constituting the quorum shall
prepare his or her written opinion and make oral statements to the meeting prior
to the passing of a resolution.
The opinion shall at least contain the following particulars:
(1) name of the accused person;
(2) the matter on which the accusation is made;
(3) accusation and a summary of facts derived from trials;
(4) reasons given for the decision of both questions of law and
questions of fact;
(5) provisions of the law referred to;
(6) decision and actions to be taken in connection with the assets
concerned, if any.
Orders and decisions of the Supreme Court of Justice's Criminal Division for
Persons Holding Political Positions shall be disclosed and final.
CHAPTER XI
State Audit
____________
Section 312. The State audit shall be carried out by the State
Audit Commission and the Auditor-General who is independent and impartial.
The State Audit Commission consists of the Chairman and nine
other members appointed by the King with the advice of the Senate, from
persons with expertise and experience in state audit, accounting, internal audit,
finance and other fields.
The State Audit Commission shall have an independent
secretariat, with the Auditor-General as the superior responsible directly to
the Chairman of the State Audit Commission, as provided by the organic law on
state audit.
The King shall appoint the Auditor-General with the advice of the
Senate from persons with expertise and experience in state audit, accounting,
internal audit, finance or other fields.
The President of the Senate shall countersign the Royal Command
appointing the Chairman and members of the State Audit Commission and the
Auditor-General.
Members of the State Audit Commission shall hold office for a
term of six years from the date of their appointment by the King and shall serve
for only one term.
Qualifications, prohibitions, selection, election, and vacation of
office of members of the State Audit Commission and the Auditor-General as
well as powers and duties of the State Audit Commission, the Auditor-General
and the Office of the State Audit Commission shall be in accordance with the
organic law on state audit.
The determination of qualifications and procedure for the election
of persons to be appointed as members of the State Audit Commission and the
Auditor-General shall be made in the manner which can secure persons of
appropriate qualifications an integrity and which can provide for the guarantee of
the independence in the performance of duties of such persons.
CHAPTER XII
Amendment of the Constitution
____________
Section 313. An amendment of the Constitution may be made
only under the rules and procedure as follows:
(1) a motion for amendment must be proposed either by the
Council of Ministers or members of the House of Representatives of not less
than one-fifth of the total number of the existing members of the House of
Representatives or members of both Houses of not less than one-fifth of the total
number of the existing members thereof. Members of the House of
Representatives may propose or jointly propose such motion only upon the
resolutions of the political parties to which they belong;
A motion for amendment which has the effect of changing the
democratic regime of government with the King as Head of the State or changing
the form of the State shall be prohibited;
(2) a motion for amendment must be proposed in the form of a
draft Constitution Amendment and the National Assembly shall consider it in
three readings;
(3) the voting in the first reading for acceptance in principle shall
be by roll call and open voting, and the amendment must be approved by votes of
not less than one-half of the total number of the existing members of both
Houses;
(4) the voting in the second reading for consideration section by
section shall be decided by a simple majority of votes;
(5) at the conclusion of the second reading, there shall be an
interval of fifteen days after which the National Assembly shall proceed with its
third reading;
(6) the voting in the third and final reading shall be by roll call and
open voting, and its promulgation as the Constitution must be approved by votes
of more than one-half of the total number of the existing members of both
Houses;
(7) after the resolution has been passed in accordance with the
above rules and procedure, the draft Constitution Amendment shall be presented
to the King, and the provisions of section 93 and section 94 shall apply mutatis
mutandis.
|
Transitory Provisions
____________
Section 314. The Privy Council holding office on the date of the
promulgation of this Constitution shall be the Privy Council under the provisions
of this Constitution.
During the termination of membership of senators en masse under
section 323, the President of the Privy Council shall also act as the Privy Council
while the remainder of the Privy Council shall act as the National Assembly
under section 19, section 21, section 22 and section 23; provided that section 20
paragraph three and section 24 paragraph three shall not apply. The Privy
Council shall elect one among themselves to act as President pro tempore.
Section 315. As from the date of the promulgation of this
Constitution, the House of Representatives under the Constitution of the
Kingdom of Thailand, B.E. 2534 as last amended by the Constitution
Amendment (No. 6), B.E. 2539 shall act as the House of Representatives under
this Constitution until the date of the election of members of the House of
Representatives under section 324; and the Senate under the Constitution of the
Kingdom of Thailand, B.E. 2534 as last amended by the Constitution
Amendment (No. 6), B.E.2539 shall act as the Senate under this Constitution
until the expiration of the period of four years, as from the date of the
appointment of senators by the King under paragraph five (1) or the date of the
election of senators under paragraph five (2), as the case may be.
Members of the House of Representatives holding office on the
date of the promulgation of this Constitution shall be members of the House of
Representatives under this Constitution until the expiration of term of the House,
the dissolution thereof, or the termination of membership under section 323, as
the case may be. In the case where the office of a member of the House of
Representatives becomes vacant for any reason whatsoever, the House shall
consist of its remaining members.
Senators holding office on the date of the promulgation of this
Constitution shall be senators under this Constitution until membership of
senators terminates under the Constitution of the Kingdom of Thailand, B.E.
2534 as last amended by the Constitution Amendment (No. 6), B.E. 2539 or
under section 323, as the case may be. In the case where the office of a senator
becomes vacant for any reason whatsoever, the Senate shall consist of the
remaining senators.
Section 107 (3), section 118 (7), section 121, section 125 (2) and
(3), section 126 (2) and (3), section 127, section 130 and section 134 shall not
apply to the members of the House of Representatives under paragraph two and
the senators under paragraph three.
In the case where membership of senators under paragraph three
has been caused to have terminated en masse under paragraph three, there shall
be the first election of senators under this Constitution as follows:
(1) in the case where membership of senators terminates at the
expiration of a term of four years as from the date of their appointment by the
King, the election shall be held within sixty days before the expiration of the
term of four years. In such case, the term of the Senate and membership of the
elected senators shall commence as from the date of the termination of
membership of senators under paragraph three;
(2) in the case where membership of senators has terminated under
section 323, the election shall be held in accordance with the organic law on
election of members of the House of Representatives and senators. If such law
has not yet been enacted, the law on election of members of the House of
Representatives as in force on the date of the promulgation of this Constitution
shall apply in so far as it is not contrary to or inconsistent
with this Constitution; provided that a term "member of the House of Representatives" shall be
replaced by the term ?senator? everywhere it appears and that the Chairman of
the Election Commission appointed under section 319 shall have charge and
control of the execution of such law. In the case where the Election Commission
is of the opinion that any provision of the law on election of members of the
House of Representatives is contrary to, or inconsistent with, or does not
correspond with this Constitution, the Election Commission shall have the power
to lay down necessary regulations in substitution of that provision in order for the
election to proceed in an honest and fair manner. Such regulations and opinions
that the provision of the said law is contrary to, or inconsistent with, or does not
correspond with this Constitution shall be referred to the Constitution Court for
consideration of their constitutionality before their publication in the
Government Gazette.
The election of senators under (2) shall be held within ninety days
as from the expiration of two hundred and forty days from the date of the
promulgation of this Constitution and shall not be done on the same date as that
of the election of members of the House of Representatives under section 324.
Section 316. The President and Vice-Presidents of the House of
Representatives and the Leader of the Opposition in the House of
Representatives holding office on the date of the promulgation of this
Constitution shall be the President, Vice-Presidents and Leader of the Opposition
of the House of Representatives under this Constitution.
The President and Vice-Presidents of the Senate holding office on
the date of the promulgation of this Constitution shall be the President and Vice-
Presidents of the Senate under this Constitution until the expiration of term of the
Senate under section 315 or the vacation of office before the expiration of term
under section 323.
Parliamentary committees carrying out duties on the date of the
promulgation of this Constitution shall be the parliamentary committees under
this Constitution.
The rules of procedure of the House of Representatives, the rules
of procedure of the Senate and the rules of procedure of the National Assembly
as in force on the date of the promulgation of this Constitution shall continue to
be in force in so far as it is not contrary to or inconsistent with this Constitution
and shall cease to be in force upon any of the following circumstances:
(1) the termination or dissolution of the House of Representatives
under section 315 paragraph one or the occurrence of the circumstance under
section 323;
(2) the issuance of new rules of procedure of the Senate in
accordance with this Constitution, which must not be later than two hundred and
forty days as from the date of the promulgation of this Constitution; or
(3) the issuance of new rules of procedure of the National
Assembly in accordance with the Constitution, which must not be later than two
hundred and forty days as from the date of the convocation of the National
Assembly after the first general election of members of the House of
Representatives under this Constitution.
Section 317. The Council of Ministers carrying out the
administration of the State affairs on the date of the promulgation of this
Constitution shall be the Council of Ministers under this Constitution.
The provisions of section 156 of the Constitution of the Kingdom
of Thailand, B.E. 2534 as last amended by the Constitution Amendment (No. 6),
B.E. 2539 shall apply to a debate for a vote of no-confidence in an individual
Minister and the Council of Ministers under paragraph one or to a debate for a
vote of no-confidence in an individual Minister and in the Council of Ministers
newly appointed while the election of members the House of Representatives
under section 324 has not yet been held, as the case may be. If the vote of no-
confidence has passed by the prescribed number of votes, the Minister or the
Council of Ministers shall vacate office.
When the election of members the House of Representatives has
been held under section 324, the Council of Ministers under paragraph one or the
Council of Ministers appointed before the election under section 324, as the case
may be, shall vacate office; provided that such Council of Ministers shall
continue to perform duties until the newly appointed Council of Ministers has
taken office.
The provisions of section 118 (7), section 127, section 201, section
202, section 203, section 204, section 206 (2), (3) and (6), section 209, section
215 paragraph four and section 216 (5) shall not apply to the holding and the
vacation of office of the Prime Minister and Ministers under this section.
|
|
