Hughes Krupica: Staying out of legal trouble in Thailand

I feel sorry for all the stray dogs wandering around unsupervised and in mangy condition on the roads and lanes in Phuket. I would like to gather around 20 of these innocent mongrels and keep them in my garden. I realise they might irritate my neighbours (who have three young children) by constant barking and other noise, but then I don’t like children – I didn’t even like me when I was a child – and I love dogs more than people. Is it legal to keep my 20 stray dogs in my garden?

On 27 December 2014 the Prevention of Animal Cruelty and Provision of Animal Welfare Act was enacted. This law aims to prevent cruelty to animals and to allow prosecutions for those who are cruel to animals.
The issue, of course, with all laws is whether they are enforced properly, uniformly and in a just manner or not. For those that intervene personally and attempt to take care of animals to protect them from cruelty, this is permissible but subject also to law, rules and regulations.

If you live in a condominium, the rules and regulations my stipulate that dogs and/or pets are not allowed. If you live in an estate under which there are rules about the common area and gardens, pets may not be allowed in such areas, but in your private area only, such as your own garden.

If your dogs make too much noise your neighbour can complain to the police who may visit your property and ask you to reduce the noise. In Thailand, there are rules on noise pollution which you can see (in Thai only) at the Pollution Control Department’s website.

So, you may keep 20 dogs in your garden, provided they are only pets and you are not illegally operating a dog shelter, for which you would need a license/permit. The onus would be on you to prove this, if you were to be investigated. Animal welfare organisations, for example, must be registered and licensed.

I was playing pool in a small bar near the apartment I rent and a lady approached me and asked to play pool with me. We enjoyed our game and she won as she seemed to have a lot of experience. Later on in the evening, a friend of this lady told me that I could ‘go home’ with this professional pool player, but I would have to pay some money to do so. I have never experienced this type of proposition before and I declined in any event. However, if this is what I think it is, is prostitution legal in Thailand? Was I foolish for turning down this offer?

You made the right decision for a number of reasons. Prostitution is illegal in Thailand although enforcement is often criticised by media and other organisations as not being up to scratch. The relevant legislation spans the Prostitution Act of 1966, the Penal Code amended in 2003 and the Prevention and Suppression of Prostitution Act 1996.

Essentially, the summary of these laws is that sexual gratification in exchange for money or another benefit comprises prostitution. However, it should be noted that the fines for solicitation are very low, and furthermore there is some old law relating to ‘open and shameless manner’ which also contributes to a disinterest in enforcement.

It should further be noted that in an increasing number of jurisdictions, prostitution is being legalised. This is in stark contrast to Thailand, which many foreigners do not realise is as conservative as it actually is.

I understand there are new regulations about the use of beaches in Phuket. I saw there are lots of Jet Skis using the beach for commercial purposes. Why does that appear to be allowed, but commercial activities and even non-commercial activities are being restricted?

Unfortunately, I don’t know the answer to that question.

By Desmond Hughes, Senior Partner, Hughes Krupica
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia. www.hugheskrupica.com