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Malaysian tourists fleeced by Thai police for Ecig

Discussion in 'E-News' started by colind88, Mar 19, 2016.

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  1. Siam Diesel
    Lurking

    Siam Diesel Nauti Moderator Staff Member

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    Would you elaborate on this for all of us, please?
     
    Siam Diesel, Mar 21, 2016
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  2. Lotta

    Lotta Well-Known Member

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    +1. In Thai would be perfect. That way there are no mis-translations.
     
    Lotta, Mar 21, 2016
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  3. colind88
    Devilish

    colind88 Thread Starter Well-Known Member

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    +1 Indeed an answer to that question would be exactly what we are looking for here - thanks. The fact that the cops were suspended and made to return the money indicates there is a very valid difference but who knows.
     
    colind88, Mar 21, 2016
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  4. Lyss
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    Lyss Well-Known Member

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    I already wrote about it with the law attached. Vaping Import/Export Ban Clarified | Page 4 | Thailand Vapers

    Attaching the law in its origin state. Read section 10.
     

    Attached Files:

    Lyss, Mar 21, 2016
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  5. Tibo
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    Tibo French Hedonist

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    Very good to read. Indeed it is then the "import for sale" that is banned. Thanks for clearing that up :)
     
    Tibo, Mar 21, 2016
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  6. Konvict
    Relaxed

    Konvict ProVari Moderator

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    Really good to know that I can stock up when coming back from vacation to Thailand! :very good:
     
    Konvict, Mar 21, 2016
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  7. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    Thanks for this...any chance you have access to the amendment (presuming there was one) at the end of 2014/early 2015 when e-cigs & hookahs were added? I'd gladly take an English translation of this but the native Thai would be fine as well.

    I read your post in the other thread about what was included but it would be good to have it all in the same thread for easy reference...either in this one or the other one.
     
    Siam Diesel, Mar 21, 2016
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  8. Lyss
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    Lyss Well-Known Member

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    I presume you're looking for this attachment?
     

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    Lyss, Mar 21, 2016
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  9. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    Yep, that's great...thanks!

    Interesting that the 2014 ban was via the Ministry of Commerce and references the "Export and Import of Goods Act B.E. 2522 (1979)". What still concerns me is that this latest document states that the 'import' of e-cigs is banned, not the 'import for sale' as stated in Sect. 10 (e-cigs not specifically reference but implied) of the "Tobacco Products Control Act BE 2535 (1992), which could open the door to a stricter interpretation by Customs & the BiB (i.e., the inclusion of vape gear for personal use in the import ban). And there's no cross reference to the Tobacco Products Control Act, either, to clarify that 'import' is really, 'import for sale'...at least not in these sections.

    Any thoughts on this distinction @Lyss ? Is it something with which we should be concerned down the road?
     
    Siam Diesel, Mar 21, 2016
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  10. Lotta

    Lotta Well-Known Member

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    I have looked through this and have had multiple Thais that are fluent in English translate as well. This law specifically addresses the import for sale or gift and advertising. It does not address import for personal use or possession.

    The MOC notification is another animal completely. The MOC deals with import and export of goods that are traditionally for sale or purchase for profit. Individual possessions are not traditionally governed by the MOC with some exceptions. At this point I do not see a law against the possession of e-cigarette gear. A law against possession would need to be listed in the Criminal Code and have the specifics and punishments stated. Also note that this notification is an "unofficial translation"

    I can state that the police (at least on a lower level) have not been told anything regarding the possession of e-cigarettes. It would seem that the police involved in this case chose to act on their own.

    Everyone will have to use their own judgement, but I feel that I understand the rules at least good enough for myself.
     
    Lotta, Mar 21, 2016
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  11. Lyss
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    Lyss Well-Known Member

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    The said Act has nothing to do with the import itself, but determines the powers of the Minister, Ministry, authorities etc etc, also the penalties for violators. So sure Minister makes some references to that Act to justify his decisions. And, as tobacco products are separated by their own King's Act, only minor changes can be applied.
    Btw, for better understanding of wth_were_they_thinking can read those links:
    funny stuff
    As iirc Einstein said, two things are endless - universe and people stupidity :)
    not so funny, but still worth reading
     
    Lyss, Mar 22, 2016
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  12. AI-NAAM
    No Mood

    AI-NAAM Provarinati Member

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    Im happy to be proven wrong if importing for personal use is perfectly legal.

    Next time someone is ordering juice from the US, tell the company to put on the customs declaration "e-cigarette liquid for personal use".

    Let us know how that goes. :chinrub:
     
    AI-NAAM, Mar 22, 2016
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  13. Longtail1
    Amused

    Longtail1 Vaping Troll

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    Aaah but that would then come under the laws regarding nicotine and poinsons as it is used as an insecticide - not tobacco and e-cigs. :lost it:
    **Updated**
    Not being confrontational here BTW. Just looking at the boatload of different laws that may cover one small item.
     
    Longtail1, Mar 22, 2016
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  14. Lotta

    Lotta Well-Known Member

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    +1 Anything containing nicotine falls under a different set of laws. I thought we were only discussing hardware. My apologies for any confusion.
     
    Lotta, Mar 22, 2016
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  15. Siam Diesel
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    Siam Diesel Nauti Moderator Staff Member

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    I remember the first article (vapour contains small particles of metal...yeah, right). My Thai reading comprehension wasn't up to taking on the 2nd article...but I got the gist of it via Google Translate.

    As @Lotta mentioned, ejuice was in the crosshairs long before vape gear due to the nicotine content...which was why some members got hit with hefty customs bills to liberate juice shipments. ;)

    I do believe there's a genuine concern to try and stop smoking among the young...but there's also much more going on here than just that. At the end of the day, it's still about the money (or loss thereof)...

    Just my 2 setangs worth...
    :vaping: :vaping:
     
    Siam Diesel, Mar 22, 2016
    #30 Top
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