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Hajo and Rose von Keller are partners in more ways than one. Joint Managing Directors and owners of the Mangosteen Resort and Spa, its resounding success owes everything to the palpable rapport that exists between husband and wife. To meet them is to bear witness to a serene and creative relationship at work.

Though Rose comes from an affluent and successful family, she has constantly sought new challenges. Born in Chiang Rai, her education took her to Bangkok where she attended Vittayanukorn and St Theresa Colleges, majoring respectively in Hotel and Tourism and Business Administration. She went on to graduate from UTCC (University of Thai Chamber of Commerce), before specialising in Spa Management at Bangkok’s celebrated Mahidol University.

Her professional career has been remarkable for its breadth and variety. Starting as a secretary in 1991, her obvious talents meant rapid promotion with a range of companies, including The Mandarin Oriental in Koh Samui and The Colony Resort in Kamala. After a foray into real estate and property development here in Phuket, she spent seven years in publishing and event planning with Artasia Press as sales manager. No wonder her English is impeccable. Rose met Hajo in March 2004 and joined forces one year later. The rest, as they say, is history.

Like Rose, Hajo hails from a privileged and entrepreneurial background – his father ran a successful sports equipment company in Munich, Bavaria – but his route to commercial success has been very different. He remembers a thriving business environment at home with his father presiding over meetings; it seemed only natural that he would follow his father and brother into the company. An epiphany of sorts occurred when Hajo came to Bangkok in 1997 to be nearer the main manufacturing base in China, and paid the inevitable visit to Phuket. His father, who had always encouraged his son’s independence and imaginative outlook, suggested that Hajo should consider starting up a new project in this promising environment. The result? The birth of The Mangosteen Resort and Spa.

What makes it so special is the incomparable attention to detail. Everything, even the toothpicks, carries the Nai Harn logo. Signage is clear and stylish; lifts sport a giant image of the Hanuman, a character from the Hindu epic Ramayana, a motif repeated in the murals of the palatial reception area. The resort, Thai owned again, cherishes its cultural roots.

Originally conceived by architect and aristocrat Mom Tri Devakul, it was opened on February 22, 1986. Host to numerous glitterati, it was the first five-star resort in Phuket and the only one to have an entry in ‘Where Curiosity Leads’ – a publication devoted to the world’s top hotels. It is still unique in having all its 130 rooms and suites facing the ocean.

And what rooms! Designed in an era when space was not at a premium, each living area – a spacious 40 sqm – has deeply pleated curtains covering the front wall. Pull them back to unveil a theatrical stage-set framed by full width, picture windows. As your eyes adjust to the blinding sunlight, a matching terrace is magically revealed, adorned with a bank of bougainvilleas in full flame-hued flower. A green four-poster day-bed beckons.

Beyond are panoramic vistas of the perfect crescent beach of Nai Harn Bay, one of the world’s iconic sea-side locations. And if spectacular sunning and sight-seeing in your new eyrie is not enough, you can order a special barbecue on that same terrace, cooked for your delectation in front of your very eyes. The personal butler service extends to the beach below.

Though the overall dimensions have not changed, the rooms were given a radical make-over three years ago. The accent now is on an unobtrusive spaciousness and natural simplicity, characterised by white walls and wooden floors and furnishings. But the unobtrusive minimalism is deceptive; everything has been planned down to the last detail, with the well-being of the guest constantly in mind.

The fridge is stocked, bottles of the finest spirits are arrayed on shelves; champagne will appear at the touch of button. There are bowls of exotic fruit, a selection of sweetmeats, even a personalised welcoming letter from GM Frank Grassmann. Add the inevitable wide-screen, interactive TV, wi-fi and phone chargers.

The bigger picture has not been neglected. The luxurious bed – wider than it is long – has a sumptuous mattress, superfine percale sheets and down-filled duvet and pillows. The living room boasts the inevitable safe, coffee machine and hair-dryer. Even two kinds of hangers in the illuminated wardrobe for ‘his’ and ‘her’ clothes. The subtle, earth-toned bathroom is capacious, with an uber-sized shower, classic bath-tub and wash-basin. Luxurious bath-robes and branded toiletries await.

The cuisine at The Nai Harn is in the expert hands of executive chef Mark Jones, an amiable Englishman who pops over for a chat as we relax at Rock Salt. One of two main restaurants and a pebble’s throw from the beach, it has a relaxed, casual ambiance with funky music and a fabulous range of ‘Tribute and Signature Cocktails – the creation of Salim Khoury, famous for his stewardship of the American Bar at London’s Savoy Hotel for 34 years, and UK Bartender of the Year in 1992.

Ingredients (Four servings)

• 1 kg black mussels, preferably from the Mediterranean Sea
• 500g Italian rice “Vialone Nano”
• 400g fresh potatoes
• 60 ml extra virgin olive oil
• 2 cloves fresh garlic
• 1 bunch fresh parsley
• 1 glass white wine (for cooking)
• freshly ground black pepper to taste

Preparation
Heat a spoon of olive oil in a large skillet with two cloves of garlic, skin on and cracked open. When hot, pour the mussels, previously cleaned, add the wine and cover the pot.

When the mussels are all open, turn off the heat and let them cool down. Gently remove the meat from the shells, discard the shells and filter the resulting liquid.

Bring to boil the mussels’ liquid and adjust its saltiness, adding either more water or a little salt.

In a pot, heat the remaining oil and toast the rice in it, then add diced potatoes (5 mm) and the mussels’ liquid, simmer without stirring for 11 minutes exactly. Add the mussel meat and simmer for another 5 minutes.

Turn off the heat, add more extra virgin olive oil and finely chopped parsley, cover the pot to rest another 5 minutes, then serve.

The diversityhe diversity of nationalities in Phuket can provide a rewarding tapestry that can be seen in children’s classrooms, on sports fields and in school plays and musicals. Parents lovingly admire and feel proud of their children. I even hear there is a new kids’ club planned not far from my office. Great news all round for Phuketians.

However, do parents actually know about some of the rules which apply to their legal relationship and standing with their children?
I have heard comments such as, “I can just put that piece of land in my son’s name; he can apply for the building permit.” and the like over the years and in that age-old practice of trying to ‘save legal fees’, mistakes are made.

The rules in Thailand do offer some surprises...

My father upset me recently by leasing out the front of our house to a noodle seller. I didn’t say he could do that. Can I sue him for misappropriating my property or exploiting it for financial gain?
Subject to some exceptions, generally no. Under section 1562 of the Civil and Commercial Code (CCC), no person can enter a civil claim, or institute a criminal case, against his own ascendants, unless that person or a close relative of such person, makes a request – upon which the case can be taken up by the Public Prosecutor.

If I separate or divorce from my wife, can I force maintenance payments for our children’s education?

I believe in ensuring my children go to school, but my wife seems to think that the children can learn at home and is very relaxed about the concept of education. I can’t believe that it is fair on children not to educate them properly. Are there any laws or rules about this in Thailand? If I separate or divorce from my wife, can I force maintenance payments for our children’s education?

Yes there are. Under Section 1564 of the CCC, “The parents are bound to look after their children and to provide a proper education for them in the period of their minority.”

A mother or a father can be subject to a case regarding maintenance.
Don’t use your children to manage your property interests, without seeking advice on whether you need permission to do so and on how to structure your collective interests.

As a parent, what are my obligations and scope of power in terms of managing my children’s property?

Under s.1572 of the CCC, parental power includes the management of property of a child but such management has to be exercised with the same care as would be exercised by a person of ‘ordinary prudence’.
Would it be OK for me to put some land and buildings in my son’s name, lease it out to some tenants, borrow some money against it from the bank to pay for my wife’s new car and and use the rental income to buy some diamonds for my girlfriend?

Only with permission of the Court. Under s.1574 of the CCC “A person exercising parental power cannot enter any of the following juristic act with regard to the property of the minor except with the permission of the Court:

(1) selling, exchanging, sale with right of redemption, letting out property on hire-purchase, mortgaging, releasing mortgage to the mortgagor or transferring the right of mortgage on an immoveable property or on mortgageable moveable property.

(2) extinguishing the whole or part of a real right of the minor on immoveable property.

(4) disposing of the whole or the part of a claim the purpose of which is to create a real right on immoveable property or on mortgageable property.

(5) letting immoveable property for more than three years

(7) making a loan of money.

Currently, ‘fake news’ and misleading information is a serious global phenomenon that various state authorities are trying to redress by intervening in the actions of private companies who use data within their systems and business models. The recent U.S. intervention in the handling of data by Facebook, Inc., as well as other countries such as Singapore and the UK, demonstrates how important information is in our daily lives and how important that it be handled correctly.

Unfortunately, when many authors of articles containing legal information commit fingers to keyboard, the constraints of space and time, or the underlying motive for writing the article, can result in confusion for readers and, more widely, the market.

It is this confusion that has lead to fundamental misinterpretation, oversimplification or – at worst – ‘fake information’ being provided to non-lawyers.

The following topics are those in which I believe there exists the most conflicting and unclear body of information for readers or internet users:

1. The real meaning in law of a 30-year registered lease in Thailand
2. The meaning and purpose of a promise to carry out a legal act in the future, but not register such act, such as a ‘lease renewal’
3. The extent to which the law regulates consumer rights in a condominium
4. Whether or not an individual, group of people, or a rental programme operator needs a hotel license
5. The actual meaning of a developer promoting it has ‘EIA’ approval, and understanding that approval to do something is not evidence that something has been done or that laws and regulations have been complied with
6. The real meaning, from the perspective of the Thai authorities, various Government departments and enforcement bodies (such as the Department of Special Investigations) of ‘nominee shareholders’ relating to the circumvention of restrictions on the conduct of certain businesses under the Foreign Business Act, and the restrictions in the Land Code relating to ownership of land in relation to non-Thais
7. The practical consequences of not having a Thai will in Thailand relating to specific Thai matters, and the real work an executor of an estate has to carry out, dealing with the administratively difficult procedures of banks and other parties in relation to the wishes of a deceased person and the interests of beneficiaries
8. Understanding what actually happens in a Thai civil court and the process for preparing information, making submissions, what the style of advocacy comprises, the system of law including appeals, the manner in which costs are dealt with in judgments and enforcement. 

Daily 6-11pm

Tom had been a full time Phuket resident since 2002, following his retirement from the IT business in the UK. During his years here, his passion was classic boats and the beautifully restored Seraph and Marie G (named after his much-loved mother) were familiar sights in the waters around Phuket.

Born in the UK in 1951, Tom was one of seven children. Growing up, he had no interest in school books; all he wanted to do was indulge another of his passions, the game of rugby, together with a long line of girlfriends. Ever the independent fellow, he married none of them, but thirteen nieces and nephews, whose triumphs he followed closely, more than made up for having no heirs of his own.

Tom had fantastic sporting success on the rugby field at school as a very fast winger. He also enjoyed success on the athletics track as a 100 yard sprinter and a long jumper – all quite unbelievable for those who knew Tom only in Phuket!

After substantial success in the UK’s fledgling IT industry, most recently with his own business supplying IT and other office equipment, Tom cashed up and retired to Phuket, where he will be remembered especially by Phuket’s yacht racing community as the prime mover and stalwart of the Classic Class at Phuket Raceweek, presenting the annual ‘Seraph Perpetual Trophy’ to the winner of this stately, but hotly contested, class. Tom was a strong supporter of other local regattas too, making Seraph available as a committee boat on countless occasions.