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Dive operators on Phuket meet to battle alleged rogue police extortionists

Expat Phuket Dive Operators Fight Alleged Rip-Offs by Rogue Phuket Police

Sunday, March 23, 2014
PHUKET: About 50 expat dive business investors decided last night to defy alleged extortion by rogue police on Phuket and opted to work together to end the claimed shakedowns.

Nearly all of the people who gathered at the Thai Diving Association premises on the airport road were there because they'd been asked to pay additional ''fees'' of up to 20,000 baht to men in plain clothes who claimed to be police.

One woman of Chinese extraction said that officers at Chalong Police Station had been holding her passport for six months. Without it, she was unable to visit a sick sister in China.

In a series of emotional speeches, expat dive industry managers denounced the tactics of police in claiming the extra ''fees'' and undertook to pool their resources to end the alleged rip-offs at Chalong Pier.

While some of the speakers used their names, Phuketwan has decided for the time being to not name them.

The expats were told by a lawyer to adopt a number of measures in future if approached by men saying they were plainclothes police:

.. demand to see an ID card and note the number

.. ask what the charge is

.. make a telephone call to the TDA immediately

.. do not sign anything

.. take photos if possible

.. do not pay anything

The expats were urged to unite forces by joining the TDA and assured that police in Region 8 and Bangkok were likely to investigate the allegations of extortion by Chalong police.

''High-level people in Bangkok and at Region 8 are now aware of the problem,'' a TDA representative told the meeting.

The gathering was told that raids on Chalong Pier alarmed customers and were damaging Phuket's reputation as a key centre for diving tourism.

''It's horrible,'' one speaker said. ''The police come, they don't explain. They don't care. They just want money.''

One woman who had been running a diving business in southern Phuket since 2008 said that she had ''never had this kind of problem'' until December 5, when she was apprehended and questioned for 90 minutes in a building at the rear of Chalong Police Station.

She said all her paperwork was in order. ''We were told 'Give us 20,000 baht and you are free to go,''' she said.

On another occasion, a group of instructors were taken to the same building. ''Nobody was talking to them,'' she said. ''Nobody said anything.''

She added: ''If we give in, prices are going to go up. I think they want new iPhones.

''It's a very big downer on my business. We have to ask ourselves, 'Do we leave or do we stay? If we don't unite, it's going to get worse and the dive industry is going to go down.

''I'm shaking a bit because it's a shit situation,'' the woman said.

The alleged extortionists usually dress in old t-shirts and are not easily identified as police.

For years, the dive industry has been highly competitive and not cooperative.

The alleged shakedowns appear likely to bring expat investors together for the first time to combat the claimed rip-offs.

One suggestion last night was that the dive industry needs work permits that recognise that everyone involved in the industry carries equipment when boats are being loaded and unloaded.

One claim by police is that many of the expats break the terms of their work permits and perform jobs specifically listed for Thais when they load and unload boats.

Comments

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Well done, very responsible, for not publishing names, maybe the faces should be blurred. This coming together is how all businesses should be approaching the police extortion cartel. (reluctant to use cartel, it is technically the wrong word, but it will save conflict with "he who should be obeyed.")

Posted by Laurie Howells on March 23, 2014 11:40

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The only way to beat corruption is to make a stand, naming and shaming those involved. Well done to the TDA - extortion in its many forms by members of the police has gone on for far too long.

Posted by Mister Ree on March 23, 2014 11:41

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By using the poor law that is supposed to protect people it is exploited. Like the claim says - Farang are not allowed to basically "lift a finger" and therefore you are in breach of your Work Permit.
It's these kinds of laws that need to be changed so you can't be prosecuted for doing everyday normal things.
Unless the law is changed, these nuisances in the law will be exploited by the corrupt and the people with work permits, really don't have a leg to stand on.
We all wonder how ASEAN 2015 will change Thailand, and it probably won't.

Posted by Tbs on March 23, 2014 14:03

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@ tbs ...Thailand in its present state is unfit to be part of ASEAN.... i would be very worried if i was a dive boat operator , someone will be the scapegoat for this , not a smart move imo to go public ... is this not the job of the DSI or are they not extinct ?

Posted by chris on March 23, 2014 17:48

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Where is whistle-blower?

Posted by Lena on March 23, 2014 18:08

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Well done the dive instructors.
Its high time us bar owners did the same. But you'd need to be brave! Too many snouts in the trough.

Posted by jimbo34 on March 23, 2014 19:13

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Crap, I forgot to get a work permit before I installed kitchen cabinets at the relatives at Cape Panwa..funny they never complained at all. The farang even used his own tools, as the relatives hand saw, drill bits and chisels were about as dull and rusty as the gates of hell..

Posted by Dean on March 23, 2014 21:30

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Policemen or any Thai Administration have the duty to control foreign dive Instructor at Chalong Pier but instead to pocket some bribes for futile good or wrong writings of the job description, they should have investigated much more deeply if all dive companies employing those foreigners are operating according to Thai law such as:
1/- Have true Thai partners (51% for a Thai company or 70% if the Thai company is owning a transport boat/ dive boat), with proof of payments with bank statements from those Thai partners and are not Thai nominees as it is in most of the case.
2/- Have enough paid capital (1 up to 2 Million Baht per work-permit depending of Limited Partnership or Company Limited or if the alien Instructor is legally married or not with Thai spouse) to get issued a valid work-permit.
2/- Have true 2 Thai Directors for 1 alien Director and not 2 Thai nominees as Thai Directors.
3/- Have proof of full payments of monthly salaries to Thai staff declared as the ratio official in Thailand to get a work-permit is 4 Thais for 1 foreigner for a Co. Ltd. and 2 Thais for 1 foreigner for a Part. Ltd.

Posted by Whistle-Blower on March 23, 2014 21:50

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@ Lena. Your question scores 100%. The answer is, at a time when he/she could open their mouth and speak, they wimp out. For years we have had to read WB's rantings, now when called to duty, WB is hiding in the toilet, afraid to come out in the open. WB you are weak and have lost all your credibility. Better have a good excuse this time?

Posted by Inepto on March 23, 2014 22:08

Editor Comment:

Too late. WB beat you to it.

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It would be interesting to see any of the mentioned activities on a hidden video camera

Posted by Surang on March 24, 2014 00:27

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The only way the corrupt police can demand bribes is of course if the dive operators are not operating within the law. Is there anybody that seriously believes that the dive industry is NOT a complete mess of instructors/dive masters working on tourist visas, with little or no documnetation, no work permits etc etc? The law might be discriminatory, unreasonable and xenophobic (I think so too) but that does not mean it's ok to break the law because you feel it's your personal right to run a dive business.
Simply, as in so many other areas in Thailand, the country and it's laws clearly indicates you are not wanted here. To still insist on establishing your business (or to buy a house for example) here is simply a calculated risk.

Posted by christian on March 24, 2014 07:02

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@ WB: how about: checking workpermits of free lance instructors employed by so called legit DC's, making sure guests are not brought to the pier in blue plated trucks? And there are quite a few other violations of the law made by you and many other DC's day by day.

Agree though, the carrying of bags really is not an issue if instructors and DC's are doing their jobs well.

Posted by stevenl on March 24, 2014 07:08

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- Christian

" the country and it's laws clearly indicates you are not wanted here. To still insist on establishing your business (or to buy a house for example) here is simply a calculated risk."

Very well said, spot on.

I often ask myself the same question.

Why try to compete with the locals in their own game and on their turf. Even if you somehow manage to pull a rabbit out of the hat and turn a profit, locals will find ways, legal or illegal, to make sure you don't get to enjoy what the consider to be rightfully theirs.

Posted by ThaiMike on March 24, 2014 07:41

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Whistle blower,
One Thai worker per foreigner is the minimum requirement for a Work Permit. However, yes you will need four Thai workers if you wish to obtain a one-year extension from Immigration (along with other myriad and ever shifting requirements.)
And I have never heard of the two Thai directors per one foreign director rule.
And Americans owning Amity Treaty registered companies can own 100 percent of the company.

Posted by The Night Mare on March 24, 2014 09:34

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Sadly it is not just Phuket. I am living now predominately in Korat (taking a risk building a house - but also covering my ass with a condo - if that is safe?) & bribery & corruption just as bad here. Someone local (very minor official) has taken the hump because we did not cross his greedy sweaty palm with silver.

Just back from a holiday in Chiang Mai & my expat friends tell me there is an organised vendetta against all farang run businesses up there (& I am not talking about bars - I am referring to properly set up company businesses of many sorts). They are looking for any pretext to take these away from farangs - 2 'confiscated' despite being linked to related Thai family.

It is starting to become a little scary to do anything in Thailand except holiday & spend money. I might get into trouble for working in my own garden when my house is completed!

Posted by Logic on March 24, 2014 09:51

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Can say this is happening also in the Khao Lak area. Obviously the people are not being taken to Chalong police station but the 'plain clothed police' are here and extorting money for a whole host of reasons. I have also seen a picture ID from Tourist Police an have seen them in their white Tourist Police pick up so this is exactly what they are!!!

Posted by James on March 24, 2014 18:44

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"but the 'plain clothed police' are here and extorting money for a whole host of reasons."

And are those who are asked to pay money operating legally or not?

Posted by stevenl on March 25, 2014 10:38

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stevenl, once again you go off topic, why you do this I don't know, this isn't really about WP's legal or otherwise, it is about police corruption/extortion. I guess this is hard for you to understand. It is not the responsibility of the police to check work permit validity, it is the responsibility of the Labor Office, I do hope you can add to this story, not the story in your mind.

Posted by Laurie Howells on March 25, 2014 11:45

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Laurie, learn how to read and then we can talk.

Posted by stevenl on March 25, 2014 13:25

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StevenL. Most I will say are operating legally to my knowledge. What they seem to be extorting for is breach of work permit conditions, i.e. guiding guests from taxi to boat, carrying bags, assisting Thai national staff in loading and unloading equipment from boats, selling trips in shops (note, taking payments for sold trips as this is done by Thais). One officer even tried to insinuate that a shop owner was not allowed to make a telephone booking for a dive trip as this job was for Thais only. What a load of BS!

Posted by James on March 26, 2014 17:31

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stevenl, once again you have shown how you do not comprehend plain English, this article is about a meeting, not work permits, but because of the alleged extortion by rogue police. Just how hard is it for you to understand? It is in the very first paragraph, but once again you go off on your own journey, no matter how far off course you are, and I thought I was getting old and senile, but at least I can understand what this meeting was about.

Posted by Laurie Howells on March 26, 2014 22:45


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