The couple Hun Sen-Ranaridh in close embrace before their current divorce.March 11, 2007
Prime Minister Hun Sen said on Saturday that he will not write a letter to King Norodom Sihamoni to ask for pardon of Prince Norodom Ranariddh over his alleged corruption.
"I will not write a letter to King for amnesty (of Ranariddh), if the Phnom Penh (Municipal) Court finds (him) guilty of breach of trust for allegedly selling the Funcinpec Party's headquarters (and having the money to himself). From today, I stop (writing letters to King for pardon) and we want people to be equal in courts," he told about 2,000 students, diplomats and government officials at the graduation ceremony of the Royal University of Phnom Penh.
He used to write letters to King to ask for pardon of Prince Ranariddh over his past wrongdoings like illegally importing spare parts of weapons and conducting coup in 1997, for which he should have been sentenced to jail, he said.
"But this time there is no way. Let him serve the punishment from the court first," he added.
For neglecting party affairs and being unable to cooperate with Hun Sen, the prince was ousted as Funcinpec president in October 2006. The party then filed a lawsuit to the Phnom Penh Municipal Court, alleging that he pocketed over three million U.S. dollars from selling the party's headquarters. The court plans to summon him on Tuesday.
The prince, now heading the Norodom Ranariddh Party (NRP), has refused to appear in court on the basis that he is royal member and used to be country leader. He still stays overseas at current times.
Source: Xinhua
"I will not write a letter to King for amnesty (of Ranariddh), if the Phnom Penh (Municipal) Court finds (him) guilty of breach of trust for allegedly selling the Funcinpec Party's headquarters (and having the money to himself). From today, I stop (writing letters to King for pardon) and we want people to be equal in courts," he told about 2,000 students, diplomats and government officials at the graduation ceremony of the Royal University of Phnom Penh.
He used to write letters to King to ask for pardon of Prince Ranariddh over his past wrongdoings like illegally importing spare parts of weapons and conducting coup in 1997, for which he should have been sentenced to jail, he said.
"But this time there is no way. Let him serve the punishment from the court first," he added.
For neglecting party affairs and being unable to cooperate with Hun Sen, the prince was ousted as Funcinpec president in October 2006. The party then filed a lawsuit to the Phnom Penh Municipal Court, alleging that he pocketed over three million U.S. dollars from selling the party's headquarters. The court plans to summon him on Tuesday.
The prince, now heading the Norodom Ranariddh Party (NRP), has refused to appear in court on the basis that he is royal member and used to be country leader. He still stays overseas at current times.
Source: Xinhua
16 comments:
This old fool never learn a lesson at all. remmeber when you kick sam Rainsy in 1996 and 2006 and you hafl brother sareyvuth and there is coup again you in 1997? now you as hunsen again. f...ck you. Im smarter than you fool. love k
So there is a presumption of guilt already before the trial!
LAO Mong Hay, Hong Kong
Look at his Brother Gay. f...k cambodia king.you're gay bro
hunsen and ranarid this two fool should be put in jail on live cable t.v. and charg money for poor cambodia kids.w.w.f. slam 2008. hee
Whatever you do please don't insult king sihamony.He is the most innocent king of all time. People put him there(the throne) that he never want to be in the first place. It was his father (sihanouk) that created all the problems for all of us....
Eh 10:53AM Are you insulting the King? Sounds you're not coming from a civilized family background.
I'm not here to advocate a monachical rule, but this King is a very good person, a noble man which is very impossible to find the noble man like he is in our universe. He was dragged to be in the middle of Yuan/Hun Sen illegal treaty. Whatever has happened in the Royal family members from the past until today especially his father, King Sihanouk's political affairs, you or others should have not attacked HM Sihamoni for the things he didn't do it.
HM Sihamoni deserves a full respect, and do not mix him with his father or his royal family members.
About Hun Sen's remarks:
"[F]rom today, I stop (writing letters to King for pardon) and we want people to be equal in courts".
Since when that Hun Sen knows what is wrong with himself? For all the crimes Hun Sen has committed, does he know what he said should also be treated equally like others?
Hun Sen is always above the law, and he has never understood what is right or what is wrong, not to mention Khmer LAW. Dealing with Hun Sen is dealing with a violent street gangster who has never gone to school.
The guilts of others have always been established by Hun Sen prior to the trial. This guy Hun Sen is a thug, a dumb down only.
So don't mix a trash like Hun sen with a noble man like HM the King.
And Rannaridh who dealt with trash he too is trash.
You get to understand, the noble man has to deal with the street gangster Hun Sen to shield his poor people. You don't know how hard and/or difficult it is.
You deserve to have a naughty playboy Crown Prince of Thailand. Is it what you want?
Hi,
The judicial stystem of the Kingdom of Cambodia, "You are guilty until proven innocent in the court of law."
Pong Veng
Remember Mr. Bora Touch Esq comments on the relevant law and the cheap court on the breach of trust law which Prince Narridh is facing. Here it is gain.
Breach of Trust law and Prince Norodom Ranariddh faces arrest
February 2007
By Bora Touch Esq.
Instigated by FUNCINPEC Secretary-General Nhek Bun Chhay, Nget Sarath of the Office of Prosecution of Phnom Penh Court charged HRH Norodom Ranarridh with Breach of Trust under S.46 of the Transitional Law (1992). On 16 February 2007, the Investigative Judge Ke Sakhorn issued a warrant to “bring” the Prince “in”. It was, in essence, an arrest warrant. The charge against Prince Ranariddh is that while he was the President of FUNCINPEC, he sold FUNCINPEC Headquarters in 2003 for $3.6 million and retained (some of) the proceeds. The Prince maintains that most of the sale proceeds are still with the purchaser, the CPP associate tycoon Ly Chuong and the sale was party-approved.
If convicted (no doubt he will be), the Prince will face up to 5 years imprisonment and his political career will be finished. Responding to the charge and potential arrest, the Prince’s lawyer and the Norodom Ranariddh Party (NRP) claim the charges are politically motivated and that the Court is biased, although no legal argument has been provided to support these claims. NRP threatens public demonstrations.
Is the claim of bias justified?
It is not a matter of controversy that the Judiciary is a political tool/branch of CPP. My comments below, however, concern the legality of the relevant law and the charge.
Under s. 46, the crime of “breach of trust” occurs where “property” has been handed over to the accused under a contract for a particular purpose, but the accused has misappropriated it. The term “property” under the past and the present Khmer and French law relating to breach of trust refers exclusively to chattels or moveable property, (cholanak wathu). The FUNCINPEC Headquarters is real property or immoveable property, (a-cholanak wathu) and therefore the sale of it, even if the Prince pocketed all of the proceeds, does not infringe s. 46. In other words, what the Prince is alleged to have done does not fall within the crime of breach of trust.
S.46 of the Transitional Law (1992), drafted by a French judge Gerard Porcell who was working with UNTAC, is a copy of s. 408 of the old French Penal Code (1810), which was significantly revised in 1992/1994. In the old section 408, a list of property and types of contract that could be subject to breach of trust appeared. Under the revised French Penal Code (1994), breach of trust or l’abus de confiance appears in s.314-1 under which the list of property and the types of contract were omitted. Despite this, in applying section 314-1, the French courts still have recourse to the list of property and contracts appearing in section 408. Cambodia copied the new French section into s.3131-1 of the Draft Penal Code of Cambodia: (see Projet de Nouveau Code Penal. Commente et Compare, Ministre de la Justice (in French & Khmer 2005), p.330
S. 46 of Transitional Law states:
“Any person misappropriated to the detriment of the owner, possessor any property, funds, merchandise, or document containing and establishing obligation or discharge, which was handed over to him as rent, deposit, mandate, loan, paid or unpaid work, which he has accepted on a condition of giving them back, of exhibiting them of using them in a specific way.”
It is of note that the UNTAC official Khmer translation from the original French text of section 46 is confusing and incorrect, which has resulted in, in my view, arbitrary and abusive applications of s. 46.
S. 46 provides that 6 types of contracts are susceptible to breach of trust. They are contract of (1) rent (chuol, or a titre de louage), (2) deposit (pjoetouk or de depot), (3), pledge “banhcham or de nantissement (4) Mandate (anatti or de mandat), (5) loan (khchey proe or de prêt a usage. Note: “loan” here is not a monetary loan) (6) paid or unpaid work, kar-ngea roveang niyochik ning niyochok ru min mean roveang niyochok ning niyochik or pour un travail salarie ou non salarie).
Like s. 408 of the French Penal Code, s. 46 provides a list of 5 types of property capable of breach of trust: (1) property (les effects), (2) funds (deniers), (3) merchandises (marchandises), (4) bills (billets), (5) documents containing and establishing obligation or discharge (quittances ou tous autres ecrits contenant ou operant obligation ou decharge). The term “les effects” in the 1810 French Code refers to biens meubles/moveable property: (see also Chambre Criminelle de la Cour de cassation, 21/08/1940, S.1840.1.703; 09/07/1857 D.1857.1.379; and my unpublished article, “The Khmer Breach of Trust Law and its French Connection” (2005)
Like s. 408 of the 1810 French Penal Code, s. 267 of the Khmer Penal Code 1909 provided the same types of contract and of property susceptible to breach of trust. However, s. 515(2) of the Khmer Penal Code 1929 and 1956 did not. S. 267 of the Khmer Penal Code 1909 used the term “wathu” (effects), which usually means moveable property/effect only. Additionally, none of these old Khmer Penal Codes refer to real or immoveable property as being susceptible to breach of trust and only moveable property was the concern of the Codes.
The Joint Instructions of Ministry of Justice and the Supreme Court of 8 August 2005/no.02 provides a useful guide for contracts that might be involved in breach of trust s.46. For example, contract of sale-purchase, of financial loan and of conditional gift do not come under s. 46; the Joint Instructions refer to “property”, “merchandise” and funds but fail to provide a definition for Traop sambath or “property”.
The terms “wathu” or property of s. 515(2) (breach of trust) of the 1956 Khmer Penal Code is not defined. However, according to Judge Hel Sampha of Sangkum reastr niyum, “property” referred in s. 515(2) means “only sangharem (cholanawathu)” or moveable property: (see Hel Sampha, Law Dictionary for Criminal Law, (in Khmer 1966), pp.75. The definition for “property” being only moveable one in s. 46 is found in Judge Hing Thirith, Dictionary of Law, (in Khmer 2004), p.81. Judge Hing Thirith’s Dictionary has the approval of the late CPP Minister of Justice Chem Snguon: id p.2.
It is clear, as demonstrated above, the charge against Prince Norodom Ranariddh for breach of trust has no foundation in law.
Even with the UN present in Cambodia trying to set up the Khmer Rouge tribunal in the face of allegations of lack of independence and political bias of the Judiciary, these charges the Prince have been brought, demonstrating that that the Khmer Court shows no concern about being seen to be a political stooge of the regime.
Bora Touch Esq.
Labels: Breach of Trust, Funcinpec, Ranariddh
FUCK SAM RAINSHIT !!!!!!!! A FUCKING LOSER...... SREWED REFUGIE PARTY (SRP)
FUCK SAM RAINSHIT !!!!!!!! A FUCKING LOSER...... SREWED REFUGIE PARTY (SRP)
FUCK SAM RAINSHIT !!!!!!!! A FUCKING LOSER...... SREWED REFUGIE PARTY (SRP)
KEEP SWEARING MAN. DON'T STOP TILL YOU DROP.
HUN SEN = KBAL YOUN KLOUN SAT' JIT DERACHHAN
http://coupof56july.alkablog.com
http://hengpoev.alkablog.com
Folks, do not pay attention or engage the dialogs with the gangsters like 2:23 PM. This person only depicted how desparate and how babarous of Hun Sen and his supporters are. Similar to Hun Sen, the uneducated and the most brutal man, are his supporters. They don't have intellectual intelligence nor they have emotional intelligence.
Now you understand why they ruined Cambodia into the ground. Hun Sen and his supporters are mostly 99% the lawbreakers. You get to understand, his supporters are mostly Yuan and some Khmer thugs. Some are from foreigners like Thai, Malay, etc.. They care only their own profits not Cambodia.
Breaking the law by Hun Sen and his gangsters are barbarous already, but applying the jungle laws upon others or the innocence people is a superbarbarity.
Btw: About the Breach of Tust, I agree with Bora Touch Esq., in spite of the fact that I haven't yet read that chapter.
Congratulation the " Not to pardon Prince Ranariddh " by PM Hun Sen.
Let him/Preah Ang Mchas enjoy his Phalla oversea..
Kampot
Hi folks, Don't pay attention with 2:23pm dude's barking,because he just get out of Mental Hospital, he was diagnosis as Bipola disorder III, I think he forgot to take his meds.
moi28, I support your fair logical view on the present King. In terms of ethic, morality, and virtue, his majesty, King Sihamoni is Cambodia's best King.
He is not in politics, and only there to serve his people, and his country. The fact that he has no political power is obvious. He is there only as a figurehead, one which all Cambodians should be proud of. To insult him is to insult Cambodia and Khmer. Leave him out of your political mud slinging. I don't mind if you insult Rhanaridh or Sihanouk, but His Majesty Sihamoni is innocent.
Dear Respected Preah Ang Mchas[Ranarith],Prfesseur Dr. es Poli-Business,
Please note that- try again if you win you will get power and Money,,
Note that if you loss power and Money.. your belowed Sraem Phalla will find others and throw you away.. THIS the Logics do you believe me???
More over, Sraem Phalla is much more younger than yopu are.. when you become old, you will be weaker and weaker you could not serve her with your money is broke SO THAT SHE WILL KICK YOU AND ATTACK you as you had past experience with other ladies..........
Try to Bark to show that you are brave however you are very coward...
With respect
PACHOL NA KHUY
Post a Comment