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Section
24. A petition
for ship release shall be ex parte.
Section 25.
In addition to the circumstances of Section 19
and 20, the Court shall have the power to order a release
of any ship in the following cases:
(1) Where
a creditor applies for the release of such ship;
(2) Where
a creditor fails to initiate an action based on a maritime
claim within thirty days after a warrant of arrest has been
posted on under Section 12 (2);
(3) When
a petition for ship release has been filed under Section 21
and 22 and the Court is satisfied that the security furnished
is valued or worth no less than such sum of money as set forth
in the arresting order, or if the petitioner asks to furnish
security less in value than such sum of money as set forth
in the arresting order, with giving reasons therefore in such
petition and, when the Court has sent a copy of such petition
to the creditor for objection to be made within a prescribed
time limit, but no objection is filed within the prescribed
time limit, or when the Court, after reviewing the objection
filed by the creditor, considers it expedient to reduce such
security as set forth in the arresting order, and when the
Court has ordered the petitioner to furnish such security
as deemed suitable and the petitioner has complied with such
order.An
order for release under this Section shall be final.
Section 26.
After issuing an order for release under Section
25, the Court shall notify the enforcement officer of such
order, and the enforcement officer shall be required to:
(1) Notify
either the creditor or the debtor in writing, as the case
may be;
(2) Notify
the consulate in writing of the country to which the ship
belongs; and
(3) Immediately
notify the competent authority dealing with the port clearance
of ships by telephone, telegraph, telex or otherwise to the
effect that the ship under arrest has been released by order
of the Court. Such notification shall be in conformity
with the rules and procedures prescribed by the Minister.
The
Competent authority dealing with the port clearance of ship,
after being so notified as set forth in (3), shall proceed
with the release of such ship without delay.
Section 27.
The Court shall order a release of such security
as furnished by the creditor, the debtor or person under Section
22 in the following cases:
(1) Where
the creditor fails to initiate an action based on a maritime
claim within thirty days after a warrant of arrest has been
posted on under Section 12 (2), and when the debtor has petitioned
the Court to release his security after the passage of such
thirty day time limit;
(2) Where
the debtor fails to initiate an action to recover damages
in respect of the arrest applied for by the creditor, within
sixty days after a warrant of arrest has been posted on under
Section 12 (2), and when the creditor has petitioned the Court
to release his security after the passage of such sixty day
time limit;
(3) Where
dither the creditor or the debtor has, at any time, petitioned
the Court to release his security, and when the other party
has made no objection thereto;
(4) Where
there has been a security furnished under Section 22;
(a) if the creditor fails
to initiate an action based on a maritime claim within thirty
days after a warrant of arrest has been posted on under Section
12 (2), and when the person under Section 22 has petitioned
the Court to release his security after the passage of such
thirty day time limit;
(b) if
either the creditor or the person under Section 22 has, at
any time, petitioned the Court to release his security, and
when either the creditor or the person under Section 22, as
the case may be, has made no objection thereto.
Section 28. After a warrant of arrest has been
posted on under Section 12 (2), the creditor may initiate
an action based on a maritime claim in the following Courts:
(1) Court
making the arresting order;
(2) Any
Court other than that set forth in (1) which is competent
to deal with such action in accordance with the Civil Procedure
Code, provided that such action is only accepted for trial
after the creditor has shown to the satisfaction of the Court
by way of petition that the trial of case will be facilitated
by such Court.
Section 29. When a debtor, not domiciled in Thailand,
has been sued in court and not yet represented by any lawyer,
if service of the pleading or other documents on the defendant
cannot be made in Thailand, the court official shall act as
follows:
(1) if
there is such an agent under Section 21, paragraph three,
serve those pleading on such agent;
(2) in
the case of Section 22 paragraph three, serve those pleading
on the petitioner or his agent for this purpose, as the case
may be;
(3) if
there is not such agent as set forth in (1), and not in the
circumstances of (2), then serve those pleading on the master
or controller of the ship at its whereabouts or at his address
in Thailand.
Where
service of the pleading or documents on such person as set
forth in (1) or (2) cannot be made under the Civil Procedure
Code, the Court may order that those pleadings or documents
shall be posted in a conspicuous place at his domicile or
business office, or where service of the pleadings or documents
on such person as set forth in (3) cannot be made, the Court
may order that those pleading or documents shall be posted
in a conspicuous place within the ship.
In this event, Section 79 of the Civil Procedure Code
shall not apply.
After
the actions under paragraph one or two have been taken, those
pleadings or documents shall be deemed as served on the defendant
upon the expiry of fifteen days after the service or posting
has been made.
Section 30.
Where a maritime claim arises out of loss of life
or personal injury caused by any ship or occurring in connection
with the operation of a ship, and when the prosecutions officer
considers it expedient to represent the creditor in such maritime
claim, the prosecutions officer shall be empowered to apply
for ship arrest on behalf of the creditor and be exempt from
ship arresting fees payable under this Act.
Section 31.
The Minister of Transport and Communications and
the Minister of Justice shall take charge of this Act and
shall be empowered to appoint competent officials and issue
rules and procedures fort eh enforcement of this Act
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