Samak Sundaravej

Samak was born in Bangkok, Thailand to Phraya Bamrungratchaboriphan (Samian Sundaravej) and his wife Khunying Amphan Bamrungratchaboriphan (née Amphan Chittakon). He was of Chinese ancestry (ancestral surname Lee (李)){{cite book|title=泰国华侨华人研究|author=[泰国] 洪林, 黎道纲主编|publisher=香港社会科学出版社有限公司|date=April 2006|page=187|isbn=962-620-127-4}} and had five siblings. According to Samak himself, his Chinese ancestors came to Thailand in the late 18th century.{{cite news|title=Li Samak? That's the Thai Prime Minister|url=http://news.asiaone.com/News/the+Straits+Times/Story/A1Story20080702-74117.html|access-date=8 November 2015|issue=2 July 2008|date=2 July 2008|archive-date=22 January 2016|archive-url=https://web.archive.org/web/20160122155710/http://news.asiaone.com/News/the+Straits+Times/Story/A1Story20080702-74117.html|url-status=dead}} Samak studied at Saint Gabriel's College and Assumption Commercial College, then graduated from Faculty of Law, Thammasat University. He also received diplomas from Chulalongkorn University and Bryant & Stratton College.[http://www.matichon.co.th/news_detail.php?id=18305&catid=1 Samuk Sundaravej biography] {{webarchive|url=https://web.archive.org/web/20080201121834/http://www.matichon.co.th/news_detail.php?id=18305&catid=1 |date=1 February 2008 }} Mathichon Online retrieved on 29 January 2008.{{in lang|th}}

Besides being a politician, Samak was a well-known television chef. For seven years before the military coup of September 2006, he had hosted a cooking show called Tasting, Ranting on the Thailand ITV television network and on Royal Thai Army Radio and Television. He said when he became prime minister that he would resume his career as a TV chef and did so, though warned not to. It is illegal for a government minister to hold any other paying job, and on 9 September 2008, the full bench of the Constitutional Court ruled it was unconstitutional for him to work for a private company (Thailand ITV) and therefore disqualified him from office.{{cite news |url=http://www.nationmultimedia.com/2008/09/09/headlines/headlines_30082964.php |title=Samak Found Guilty |newspaper=The Nation |date=21 September 2008 |archive-date=23 September 2008 |url-status=dead |archive-url=https://web.archive.org/web/20080923061824/http://www.nationmultimedia.com/2008/09/09/headlines/headlines_30082964.php |df=dmy }}{{cite news|url=http://www.bangkokpost.com/breaking_news/breakingnews.php?id=130526|archive-url=https://wayback.archive-it.org/all/20171010151832/https://www.bangkokpost.com/most-recent/?id=130526|url-status=dead|archive-date=10 October 2017|title=Court Says PM Most Resign|newspaper=Bangkok Post|df=dmy-all}}

Samak was married to Khunying Surat Sundaravej, a financial adviser to the Charoen Pokphand Group. They had two children.{{cn|date=June 2024}}

File:Samak Sundaravej 1976.jpg

In 1968, Samak joined the opposition Democrat Party. Having strong ties to the military, Samak became head of the party's right-wing faction.{{cite book|title=Thailand's Struggle for Democracy|url=https://archive.org/details/thailandsstruggl00vanp|url-access=registration|author=David van Praagh|year=1996 |publisher=Holmes & Meier (1996)|isbn=9780841913219 }} In the 1976 general election, he defeated M. R. Kukrit Pramoj and became Deputy Interior Minister in the cabinet of M. R. Seni Pramoj. He quickly became prominent for arresting several allegedly leftist activists.{{cite book|title=The King Never Smiles|author=Paul M. Handley|publisher=Yale University Press (2006)}}

In late August 1976, Seni sent Samak to Singapore to try to persuade Field Marshal Thanom Kittikachorn not to return to Thailand.van Praagh However, writer Paul M. Handley claims Samak was a close confidant of Queen Sirikit and was told to guarantee royal support for the exiled Field Marshal.Handley This is apparently supported by Samak's claim during a cabinet meeting that the King had not opposed Thanom's return.

On 5 October, Samak was removed from his ministerial position, and in reaction organised an anti-government demonstration calling for the dismissal of three liberal Democrat ministers he branded as "communists". He was prominent in the events leading to the 6 October 1976 massacre at Thammasat University, in which leftist students protesting against the return of a former military dictator were killed by rightwing mobs. In interviews he gave to CNN and al-Jazeera in 2008, Samak denied any involvement in the attacks that left at least 46 dead, and he insisted only one person was killed intentionally.

Following 6 October 1976, Samak became Minister of the Interior in the administration of Tanin Kraivixien, an anti-Communist royalist with a reputation for honesty. Samak immediately launched a campaign that caused the arrest of hundreds of alleged leftists, including many writers and other intellectuals.

File:Samak Sundaravej 1980s.jpg

In 1979, Samak founded the right-wing Thai Citizens' Party. In the 1979 General Elections, it defeated the incumbent Democrat Party by winning 29 of the 39 seats in Bangkok. In the 1983 General Elections, it extended its base to 36 seats, and did not suffer greatly from the Democrat surge in 1986.{{cite book|title=Angels and Devils|author=David Murray|publisher=White Orchid Press (1996)}}

In 1992, as Deputy Prime Minister in the military-appointed Suchinda administration, Samak justified the military's brutal suppression of pro-democracy demonstrators by declaring the government had the right to do so as long as the United States could send its troops to kill people in other countries, referring to the Gulf War which defeated Saddam Hussein's Iraq in 1991.The Nation, 21 May 1992 He remained unrepentant and continued to stand by his justification, stating the military was merely trying to restore law and order after the pro-democracy demonstrators, whom he branded as "troublemakers", had resorted to "mob rule".Murray

From 2001 to 2006, Thai Rak Thai was the ruling party under Prime Minister Thaksin Shinawatra, its founder. In 2006 the military staged a bloodless coup to remove Thaksin, who was then acting as interim prime minister between elections, from power. His Thai Rak Thai party was dissolved on 30 May 2007 by the military appointed Constitutional Tribunal for violation of election laws. Members of the dissolved party immediately organised a new party called the People's Power Party.

{{cn|date=June 2024}}

In 2007, the People's Power Party came to power in the first election since the military coup the previous year. Samak, then the party's leader, became Prime Minister of Thailand. He was promptly accused of being a proxy for the exiled Thaksin, resulting in massive street protests by the People's Alliance for Democracy. He was convicted of libel on an old charge and was sentenced to two years in jail,{{cite news |url=http://www.nationmultimedia.com/2008/08/25/politics/politics_30081334.php |title=Appeal court to rule on defamation suit |newspaper=The Nation |date=25 August 2008 |archive-url=https://web.archive.org/web/20081211162559/http://www.nationmultimedia.com/2008/08/25/politics/politics_30081334.php |archive-date=11 December 2008 |url-status=dead |df=dmy }} though the sentence was suspended pending appeal. On 25 September 2008, the Appeals Court upheld the two-year jail sentence.{{cite news |url=http://www.nationmultimedia.com/2008/09/25/politics/politics_30084349.php |title=Samak Fails to Overturn His Libel Conviction and Two-Year Jail Term |newspaper=The Nation |date=25 September 2008 |access-date=25 September 2008 |archive-date=19 May 2011 |url-status=dead |archive-url=https://web.archive.org/web/20110519054409/http://www.nationmultimedia.com/2008/09/25/politics/politics_30084349.php |df=dmy }} Samak jumped bail and left for the United States to receive cancer treatment.{{cn|date=June 2024}}

The Democrat Party, led by Sathit Wongnongtoei, on 18 June 2008 submitted to Deputy House Speaker Somsak Kiartsuranan a censure motion of no-confidence against Samak Sundaravej and 7 cabinet ministers in the parliament, to oust his coalition government. The marathon debate was held on 28 June.{{cite news |url=http://news.xinhuanet.com/english/2008-06/18/content_8391617.htm |title=Thai Democrats launch no-confidence motion against PM and ministers in parliament |agency=Xinhua News Agency |access-date=18 June 2008 |archive-url=https://web.archive.org/web/20081221134040/http://news.xinhuanet.com/english/2008-06/18/content_8391617.htm |archive-date=21 December 2008 |url-status=dead |df=dmy }}{{cite news |url=http://nationmultimedia.com/2008/06/18/politics/politics_30075866.php |title=Censure motion filed against PM, 7 ministers |newspaper=The Nation |date=18 June 2008 |access-date=18 June 2008 |archive-url=https://web.archive.org/web/20081211162555/http://nationmultimedia.com/2008/06/18/politics/politics_30075866.php |archive-date=11 December 2008 |url-status=dead |df=dmy }}

Amid 4 months in power and public street protests by the People's Alliance for Democracy (PAD), Samak and all 7 cabinet members survived the no-confidence motion. The 3 days of censure debate were finally terminated by the voting session on 27 June. As predicted by opposition leader Abhisit Vejjajiva, of 442 MPs present, Samak got 280 votes of confidence and 162 votes of no-confidence.{{cite news|url=https://www.reuters.com/article/worldNews/idUSSP16114720080627|title=Thai PM survives no-confidence motion as expected|work=Reuters|access-date=27 June 2008}}

Samak Sundaravej's 5-month-old government was in great trouble on 10 July 2008 after Pattama the third top official in the ruling People Power Party (PPP) resigned from this post, effective Monday. The deputy leader of the party Yongyut Tiyapairat, was banned from politics for 5 years, after the Supreme Court affirmed vote buying charges against him. Then, Chiya Sasomsub was removed from office by another supreme court, for illegally concealing his wife's assets. The Constitutional Court ruled on 8 July that Noppadon and the entire cabinet violated the charter by failing to ask parliamentary approval for a Cambodia deal. Noppadon signed the agreement on June, to support Cambodia's bid to seek World Heritage status for the 900-year-old Preah Vihear temple.{{cite news|url=http://afp.google.com/article/ALeqM5jW7yT69h_fFTKtjnwXORSDiMArVg |title=Thai government in disarray as foreign minister resigns |agency=Agence France-Presse |date=10 July 2008 |access-date=10 July 2008 |place=Bangkok |archive-url=https://web.archive.org/web/20081208003715/http://afp.google.com/article/ALeqM5jW7yT69h_fFTKtjnwXORSDiMArVg |archive-date=8 December 2008 |url-status=dead |df=dmy }} The Opposition filed a petition with deputy Senate Speaker Nikom Wairatpanit to impeach Noppadon Pattama over Preah Vihear Temple issue. Sathit Wongnongtoei submitted 141 signatures of MPs. Noppadon was accused of violating Article 190 and 270 of the Constitution. The Opposition filed the motion before Noppadon stepped down.{{cite news |date=22 August 2008 |access-date=10 July 2008 |url=http://nationmultimedia.com/2008/07/10/politics/politics_30077773.php |title=Noppadon impeached by the Opposition |work=The Nation |archive-date=8 December 2008 |url-status=dead |archive-url=https://web.archive.org/web/20081208003715/http://nationmultimedia.com/2008/07/10/politics/politics_30077773.php |df=dmy }}

{{Main|2008 Thai political crisis}}

Although the campaigns demanding Samak resign from the premiership were abundant, he remarked, "I will never resign in response to these threats. I will not dissolve the House. I will meet the king today to report what's going on." Later Samak met with King Bhumibol Adulyadej at Hua Hin palace.{{cite news|url=http://news.bbc.co.uk/2/hi/asia-pacific/7589504.stm|title=Thai PM Samak refuses to resign|publisher=BBC News}}

File:President signs guest book with Prime Minister Samak Sundaravej in the Ivory Room of the Government House.jpg signs guest book with Prime Minister Samak Sundaravej in the Ivory Room of the Government House]]

A few days after, 30,000 protesters led by the People's Alliance for Democracy occupied Samak's Government House compound in central Bangkok so as to force him and his advisers to work out of a military command post. Riot police entered the occupied compound and delivered a court order for the eviction of protesters.{{cite news|url=http://gulfnews.com/news/world/other-world/thai-minister-to-stay-despite-protests-1.127314 |title=Thai minister to stay despite protests |newspaper=Gulf News |date=30 August 2008 |access-date=30 August 2008 |archive-date=28 September 2011 |url-status=live |archive-url=https://web.archive.org/web/20110928130700/http://gulfnews.com/news/world/other-world/thai-minister-to-stay-despite-protests-1.127314 |df=dmy }} Chamlong Srimuang ordered 45 PAD guards to break into the main government building on Saturday.{{cite news|agency=Associated Press |url=http://afp.google.com/article/ALeqM5gvt2G9EPA9UPyXWKie_ZyeeIcsig |title=Thai protesters break into government office as PM heads to consult king |access-date=30 August 2008 |archive-url=https://web.archive.org/web/20080901235614/http://afp.google.com/article/ALeqM5gvt2G9EPA9UPyXWKie_ZyeeIcsig |archive-date=1 September 2008 |url-status=dead |df=dmy }} 3 regional airports remain closed and 35 trains between Bangkok and the provinces were cancelled. Protesters raided the Phuket International Airport tarmac on the resort island of Phuket Province resulting in 118 flights cancelled or diverted, affecting 15,000 passengers.{{Cite web|url=http://www.eleconomista.es/mundo/noticias/726786/08/08/I-will-never-resign-says-besieged-Thai-PM.html|title=eleconomista.es, "I will never resign" says besieged Thai PM}}

Protesters also blocked the entrance of the airports in Krabi and Hat Yai (which was later re-opened). Police issued arrest warrants for Sondhi Limthongkul and 8 other protest leaders on charges of insurrection, conspiracy, unlawful assembly and refusing orders to disperse.{{cite news|url=https://www.nytimes.com/2008/08/30/world/asia/30thai.html?ref=asia |title=Thai Protest of Premier Stops Trains and Planes|newspaper=The New York Times|date=30 August 2008|access-date=30 August 2008}} Meanwhile, Gen Anupong Paochinda stated: "The army will not stage a coup. The political crisis should be resolved by political means." Samak and the Thai Party ruling coalition called urgent parliamentary debate and session for 31 August.{{cite news|url=http://news.bbc.co.uk/2/hi/asia-pacific/7588114.stm |title=Pressure mounts on Thailand's PM |publisher=BBC News |access-date=30 August 2008 |archive-date=2 September 2008 |url-status=live |archive-url=https://web.archive.org/web/20080902004213/http://news.bbc.co.uk/2/hi/asia-pacific/7588114.stm |df=dmy }}{{cite news|access-date=30 August 2008 |url=https://www.bloomberg.com/apps/news?pid=newsarchive&sid=aGbXEEO82GFM&refer=asia |title=Thai Party Calls Urgent Session as Protests Spread |agency=Bloomberg News |author=Rattaphol Onsanit |author2=Daniel Ten Kate |date=30 August 2008 |archive-date=22 October 2012 |url-status=live |archive-url=https://web.archive.org/web/20121022142505/http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aGbXEEO82GFM&refer=asia |df=dmy }}

On 2 September 2008, following the clashes between the pro and anti-government protesters which led to at least one pro government protesters death, Sundaravej declared a controversial state of emergency.{{cite news |url=http://www.nationmultimedia.com/2008/09/02/headlines/headlines_30082270.php |title=State of emergency declared in Bangkok |newspaper=The Nation |date=2 September 2008 |access-date=2 September 2008 |archive-date=22 March 2009 |url-status=dead |archive-url=https://web.archive.org/web/20090322015220/http://www.nationmultimedia.com/2008/09/02/headlines/headlines_30082270.php |df=dmy }} The state of emergency was lifted on 14 September 2008.[http://www.hotelthailand.com/news/state-emergency-lifted-bangkok.html State of emergency lifted], hotelthailand.com. Accessed 7 June 2024.

On 9 September of the year, the Constitutional Court of Thailand delivered a decision disqualifying Sundaravej from the premiership in accordance with the complaints lodged by the Senators and the Election Commission of Thailand. However, Samak's People's Power Party vowed to vote him back to the premiership,BBC News. (9 September 2008). Court says Thai PM 'must resign'. [Online]. Available: [http://news.bbc.co.uk/2/hi/asia-pacific/7605838.stm http://news.bbc.co.uk/2/hi/asia-pacific/7605838.stm]. (Accessed: 10 September 2008).{{cite news|url=http://www.bangkokpost.net/topstories/topstories.php?id=130573 |title=Anyone But Samak |newspaper=Bangkok Post |url-status=dead |archive-url=https://web.archive.org/web/20081204051719/http://www.bangkokpost.net/topstories/topstories.php?id=130573 |archive-date=4 December 2008 }} and he did not decline this nomination for prime minister as Kuthep Suthin Klangsang, PPP's deputy spokesman, said in a press release on 12 September: "Samak has accepted his nomination for prime minister. Samak said he is confident that parliament will find him fit for office, and that he is happy to accept the post. A majority of party members voted Thursday to reappoint Samak. Samak is the leader of our party so he is the best choice."{{cn|date=June 2024}}

Despite objections from its coalition partners, the PPP, in an urgent meeting, unanimously decided to renominate Samak Sundaravej. Five coalition parties, namely Chart Thai, Neutral Democratic, Pracharaj, Puea Pandin and Ruam Jai Thai Chart Pattana, unanimously agreed to support the People Power party (PPP) to set up the new government and vote for the person who should be nominated as the new prime minister. Chart Thai deputy leader Somsak Prissanananthakul and Ruam Jai Thai Chart Pattana leader Chettha Thanajaro said the next prime minister who will be nominated on Friday. Caretaker prime minister Somchai Wongsawat said PPP secretary-general Surapong Suebwonglee will notify the 5 parties who the PPP nominates to take office again.{{cite news|url=http://www.bangkokpost.com/breaking_news/breakingnews.php?id=130591|archive-url=https://archive.today/20141119074429/http://www.bangkokpost.com/breaking_news/breakingnews.php?id=130591|url-status=dead|archive-date=2014-11-19|title=Coalition parties to hold meeting this evening|newspaper=Bangkok Post}}{{cite news|url=http://article.wn.com/view/2008/09/11/Thai_ruling_party_renominates_leader_as_PM_tn|title=Thai ruling party re-nominates leader as PM|agency=Associated Press}}{{cite news|url=http://news.xinhuanet.com/english/2008-09/11/content_9921780.htm|archive-url=https://web.archive.org/web/20080919175209/http://news.xinhuanet.com/english/2008-09/11/content_9921780.htm|url-status=dead|archive-date=19 September 2008|title=Party spokesman: Samak accepts PM nomination|agency=Xinhua News Agency}} Some lawmakers, then said that they would propose an alternate candidate. Meanwhile, Thailand's army chief Gen. Anupong Paochinda said he backed the creation of a unity government that would include all the country's parties, and he also asked for the lifting of a state of emergency that Samak imposed on 2 September.{{cite news|date=11 September 2008|agency=CNN |url=http://edition.cnn.com/2008/WORLD/asiapcf/09/11/thailand.pm/|title=Thai ruling party nominates Samak for PM}}

Embattled Samak abandoned his bid to regain his Thailand Prime Minister post, and Teerapon Noprampa said Samak would also give up the ruling People's Power Party (PPP) leadership.{{cite news|access-date=13 September 2008 |url=https://www.washingtonpost.com/wp-dyn/content/article/2008/09/12/AR2008091203451.html|title=Ousted Premier Ends Attempt to Get Job Back|newspaper=The Washington Post|date=12 September 2008}}{{cite news|title=Somchai, Sompong are candidates for PM|url=http://www.bangkokpost.com/breaking_news/breakingnews.php?id=130625|archive-url=https://wayback.archive-it.org/all/20171010152420/https://www.bangkokpost.com/most-recent/?id=130625|url-status=dead|archive-date=10 October 2017|newspaper=Bangkok Post|access-date=13 September 2008|df=dmy-all}}{{cite news|url=https://www.reuters.com/article/worldNews/idUSSP26321320080913 |title=Thai ruling coalition begins search for new PM |author=Ploy Chitsomboon |work=Reuters |date=13 September 2008 |access-date=13 September 2008 |archive-date=16 April 2009 |url-status=live |archive-url=https://web.archive.org/web/20090416213933/https://www.reuters.com/article/worldNews/idUSSP26321320080913 |df=dmy }}

Somchai Wongsawat – the fugitive ex-P.M. Thaksin Shinawatra's brother-in-law, was ratified by the National Assembly of Thailand as Prime Minister of Thailand on 17 September,{{cite news|url=http://www.bangkokpost.com/breaking_news/breakingnews.php?id=130733|archive-url=https://wayback.archive-it.org/all/20171010152431/https://www.bangkokpost.com/most-recent/?id=130733|url-status=dead|archive-date=10 October 2017|title=Parliament confirms Somchai|newspaper=Bangkok Post|df=dmy-all}} winning 298 votes against 163 votes{{cite news |url=http://www.nationmultimedia.com/breakingnews/read.php?newsid=30083655 |title=Somchai elected new prime minister |newspaper=The Nation |date=24 December 2008 |archive-date=23 December 2008 |url-status=dead |archive-url=https://web.archive.org/web/20081223235544/http://www.nationmultimedia.com/breakingnews/read.php?newsid=30083655 |df=dmy }} for Abhisit Vejjajiva.

{{wikisource|2007 Constitution of Thailand}}

The Senate President lodged a complaint with the Constitutional Court of Thailand (ConCourt) on 2 June 2008, and the Election Commission of Thailand (ECT) submitted a similar complaint 29 July 2008. The complaints requested the ConCourt to decide whether the premiership of Samak Sundaravej is terminated upon Section 91, Section 182 Paragraph One (7) and Section 267 of the Constitution of the Kingdom of Thailand (2007).

On 9 September 2008, 15.30 hours, the ConCourt with Justice Chat Chonlaworn sitting as the President rendered its decision as follows:{{cite web |url=http://www.concourt.or.th/download/Center_desic/51/center12-13_51.pdf |title=ในพระปรมาภิไธยพระมหากษัตริย์ - ศาลรัฐธรรมนูญ |access-date=2008-09-10 |url-status=dead |archive-url=https://web.archive.org/web/20080913051049/http://www.concourt.or.th/download/Center_desic/51/center12-13_51.pdf |archive-date=13 September 2008 |df=dmy-all }}. (เข้าถึงเมื่อ: 12 กันยายน 2551).

1. The essence of the first complaint (Senators' Complaint) could be summarised as follows: as Samak was a holder of the political position as a prime minister, he was under the subject of Section 267 of the Constitution of the Kingdom of Thailand (2007) prohibiting the Prime Minister and Ministers from having any position in a partnership, a company or an organisation carrying out business with a view to sharing profits or incomes or being an employee of any person. However, Samak, who acknowledged the purpose of Section 267, continued to work for the Face Media Co., Ltd. as emcee of two cookery shows, Chim Pai Bon Pai (Tasting and Grumbling) and Yok Khayong Hok Mong Chao (All Set at 6 am), and ceased from such works just when the ECT received a complaint concerning the case. Therefore, the Senators exercised their right under Section 91 requesting the President of the Senate to submit their complaint to the ConCourt to make a decision as said.

2. The essence of the second complaint (ECT's Complaint) could be summarised as follows: On 17 April 2008, Senator Ruangkrai Leekijwattana lodged with the ECT a complaint that Samak, pending his premiership, worked for Face Media Co., Ltd. which was a private company having commercial purpose. This was in breach of Section 267 of the Constitution of the Kingdom of Thailand (2007) and led to the termination of his premiership as of the date the said prohibited act was performed. The ECT has appointed an inquisitorial panel to look into the case and discovered that it was a prima facie case, so it unanimously resolved to forward the case to the ConCourt to make a decision as said.

3. Samak, after having received a quo warranto, represented to the accusation through submitting the letters dated 30 June 14 and 25 August 2008 to the ConCourt, stated that:

• 3.1) he received no remuneration for being the emcee of both cookery TV programmes, but only 5,000 Baht as travelling costs.
• 3.2) he held no interests, shares or positions in the Face Media Co., Ltd. as well as received no salaries or other benefits from the said company.
• 3.3) as being the emcee of both programmes, he has been invited, not employed. This meant he was not an employee under the definition prescribed in the Labour Protection Act, BE 2541 (1998) and the Announcement of the Ministry of Interior Re: Labour Protection (No. 111).
• 3.4) as he has been seen on the said programmes after having assumed the premiership, those shows were pre-recorded for months and he has already ceased from being the emcee prior to having been in office.

4. The Constitutional Court considered that:

• 4.1) The spirit of this Constitution is to prevent against the conflict of interest which may cause the condition of misconduct—the condition compelled to choose between self-interest and public interest—to be occurred. Should a holder of the position offered by the public be mindful on his own interest beyond the public interest, he could conduct an abuse of his power. Therefore, the accomplishment of the spirit of the Constitution is not only to construct the term "employee" through the definition under the Civil and Commercial Code, the law on labour protection or the law on taxation, as each law contains different spirit and purposes of enforcement; as well as the said laws are at the lower class than the Constitution. The term "employee" under the Constitution holds broader meaning than that of any other laws, and should be interpreted in a general path. For which the Official Dictionary of Thai Words by the Royal Institute, 1999 Version defined the term "employee" that "a person who works for any job; a person who agrees to work for other person, irrespective of how he is called."
• 4.2) Samak gave an interview in the Sakul Thai Magazine vol 47 (Tuesday 23 October 2001) pp 37 that he was monthly paid 80,000 Baht for being the emcee of the said programmes. And pursuant to the letter Samak replied to the Face Media Co., Ltd. on 25 December 2007 that he will do this work [being the emcee] without receiving anything as usual, this kind of letter has never been made by Samak prior to being enquired by the ECT. As well as the affirmation of Samak that he had received only the travelling costs from the Company was in contrary to the witnesses' testimonies and to the taxation evidences showing that what Samak previously received was the payments for working, not only the travelling costs as he represented.
• 4.3) As Samak defended himself that the programmes aired after he was in office and were pre-recorded months before he came in; however, in one of the said programmes Samak stated that: "... Came again those people who wanted to find a person to replace Mr Samak as boisterously appeared on the news. Yes, that group, the group which delivered an ultimatum to Mr Samak to resign. They newly discovered that the programme 'Tasting and Grumbling' was in breach of law. Because, as I assumed the premiership ... and you know, they said that it [the Constitution] told that I was unable to be a temporary employee, permanent employee ... But, I have to fill my words into your ears that after having been in the premiership for three months, I am engaging in such work still. Because I have got some counsels from the top legal advisers that ..." This was a defence contrary per se.
• 4.4) These were the clear traces of guilt. According to the conclusion of fact, it could be concluded that Samak was an employee to the said Company. Moreover, three Constitutional judges deemed that Samak portrait and the picture of rose apple mocking Samak’s nose using as a logo of the "Tasting and Grumbling" programme as well the status of being an emcee and the use of the name "Tasting and Grumbling", a popular quote of Samak, were the acts of engaging in a joint affair with a commercial purpose which were in breach of Section 267 of the Constitution. And another six judges deemed that it was not necessary to further decide as to what position Samak held in the said Company, as he was manifestly breached the law.

5. Therefore, the ConCourt, by the unanimous resolution, held that Samak has performed the acts in breach of Section 267 of the Constitution of the Kingdom of Thailand (2007) which individually led to the termination of his premiership in accordance with Section 182 Paragraph One (7) of which, and called forth the vacating from office of the entire Council of Ministers under Section 180 Paragraph One (1). However, as the premiership has individually been terminated, all Ministers other than Samak could remain in office as a caretaker government and continuing their functions until the new Council of Ministers is sworn in.

Karn Tienkaew, deputy leader of Samak's People's Power Party, said it planned to propose a parliamentary vote Wednesday on returning Samak to power: "Samak still has legitimacy. The party still hopes to vote him back unless he says no. Otherwise we have many other capable candidates."{{Cite web|url=http://ap.google.com/article/ALeqM5hG71oGl1LokvZphtDQZzL44nzc3QD9334SVG0|title=ap.google.com, Thai leader forced to resign over TV cooking show}}

On 10 September 2008, however, the PPP shied away from their earlier statement they would renominate Samak and was apparently looking for an alternative candidate instead;{{cite news|publisher=BBC News |url=http://news.bbc.co.uk/2/hi/asia-pacific/7607863.stm |title=Thai coalition looks for new PM |date=10 September 2008 |access-date=23 May 2010 |archive-date=30 September 2009 |url-status=live |archive-url=https://web.archive.org/web/20090930070619/http://news.bbc.co.uk/2/hi/asia-pacific/7607863.stm |df=dmy }} with the new PM then scheduled to have bern nominated on 12 September 2008.{{cite news|url=http://english.people.com.cn/90001/90777/90851/6497230.html |title=Thai ruling coalition to submit PM nominee Friday |date=10 September 2008 |archive-date=23 September 2008 |url-status=live |archive-url=https://web.archive.org/web/20080923232537/http://english.people.com.cn/90001/90777/90851/6497230.html |df=dmy }}

People Power Party's deputy spokesman Kuthep Suthin Klangsang, on 12 September 2008, announced that: "Samak has accepted his nomination for prime minister. Samak said he is confident that parliament will find him fit for office, and that he is happy to accept the post. A majority of party members voted Thursday to reappoint Samak. Samak is the leader of our party so he is the best choice." Despite objections from its coalition partners, the PPP, in an urgent meeting, unanimously decided to renominate Samak Sundaravej. 5 coalition parties, namely Chart Thai, Matchima Thipataya, Pracharaj, Puea Pandin and Ruam Jai Thai Chart Pattana, unanimously agreed to support the People Power party (PPP) to set up the new government and vote for the person who should be nominated as the new prime minister. Chart Thai deputy leader Somsak Prissananantakul and Ruam Jai Thai Chart Pattana leader Chettha Thanajaro said the next prime minister who will be nominated on Friday. Caretaker prime minister Somchai Wongsawat said PPP secretary-general Surapong Suebwonglee will notify the 5 parties who the PPP nominates to take office again. Some lawmakers, however, said they will propose an alternate candidate. Meanwhile, Thailand's army chief Gen. Anupong Paochinda said he backed the creation of a unity government that would include all the country's parties, and he also asked for the lifting of a state of emergency that Samak imposed on 2 September.

The legal reasoning of the decision was also discussed in [http://id.lib.harvard.edu/aleph/012567789/catalog a Harvard Law School dissertation] a full copy of which is [https://sites.google.com/site/verapat/master-of-laws-paper available to the public].

On 12 September 2008, however, the Isan faction of People Power Party (PPP) and the coalition parties boycotted the vote on a new prime minister, resulting in a lack of quorum and subsequent postponement of the vote.{{cite news|url=http://www.nationmultimedia.com/2008/09/12/headlines/headlines_30083290.php|title=House Adjourns Urgent Session|newspaper=The Nation|date=12 September 2008|url-status=dead|archive-url=https://web.archive.org/web/20080923062222/http://www.nationmultimedia.com/2008/09/12/headlines/headlines_30083290.php|archive-date=23 September 2008|df=dmy-all}}

The boycott was a sign of the depth of ill-feeling towards Samak from both his own party's members and coalition parties. Finally, Samak gave up his re-election bid, allowing his party to choose new a nominee. The majority of his party and the coalition partners eventually voted for Somchai Wongsawat, Deputy Prime Minister, to be the new premier.{{cn|date=June 2024}}

• Member of Democrat Party (1968–1976)
• Member of Parliament (1973–1975, 1976, 1979–1983, 1986–1990, 1992–2000, 2008)
• Founder and Leader of Prachakorn Thai Party (Thai Citizens' Party) (1979–2000)
• Deputy Minister of Agriculture and Cooperatives (1975)
• Deputy Minister of Interior (1976)
• Minister of Interior (1976–1977)
• Minister of Transport (1983–1986, 1990–1991)
• Governor of Bangkok (2000–2004)
• Senator-elected (2006; later nullified by coup d'état)
• Leader of People's Power Party (2007–2008)
• Prime Minister (2008)

On 29 July 2007, some former members of the Thai Rak Thai Party MPs agreed to contest the 2007 election as candidates of the People's Power Party. This was after the Thai Rak Thai Party was dissolved by the Thai Supreme Court on 30 May 2007 and followed the ban on participating in politics for many former TRT party politicians, such as Newin Chidchob, Buriram and former prime minister Thaksin Shinawatra. Many other former TRT members have also formed their own parties, such as the Ruam Jai Thai and Puea Pandin parties.

Samak Sundaravej and former TRT Cabinet Minister Surapong Suebwonglee were elected People's Power Party leader and secretary general respectively on 24 August 2007. It was, also, widely known that Thaksin chose him to be the new head of his former party's members.

On 23 December 2007 General Election the PPP won 228 seats, sufficient to win the election ahead of the Democrat Party but short of the 241 seats needed for a majority of the 480-seat house.{{cite news|url=http://news.bbc.co.uk/2/hi/asia-pacific/7158354.stm |title=Thaksin ally wins Thai election |publisher=BBC News |date=23 December 2007 |access-date=23 December 2007 |archive-date=26 December 2007 |url-status=live |archive-url=https://web.archive.org/web/20071226084219/http://news.bbc.co.uk/2/hi/asia-pacific/7158354.stm |df=dmy }} He was able to form a six-party coalition, however, gaining a parliamentary majority of about two-thirds.{{cite news|url=http://www.taipeitimes.com/News/world/archives/2008/01/30/2003399477 |title=Thailand's king officially endorses new prime minister |agency=Associated Press |newspaper=Taipei Times |page=5 |date=30 January 2008 |access-date=30 January 2008 |archive-date=1 February 2008 |url-status=live |archive-url=https://web.archive.org/web/20080201231939/http://www.taipeitimes.com/News/world/archives/2008/01/30/2003399477 |df=dmy }}

In a parliamentary vote on 28 January 2008, Samak was elected prime minister, receiving 310 votes against 163 for Abhisit Vejjejava of the Democrat Party. He was endorsed as prime minister by the king on the next day. On 6 February, his Cabinet, including himself as Minister of Defense, was endorsed by the king and sworn in.[http://english.people.com.cn/90001/90777/6352004.html "Thailand's post-coup cabinet sworn in"], Xinhua (People's Daily Online), 7 February 2008. Samak angrily insisted he was the country's real leader on 29 February 2008 despite the triumphant return from exile of deposed premier Thaksin Shinawatra, the man considered the driving force behind the new government.{{cite news|url=http://edition.cnn.com/2008/WORLD/asiapcf/02/29/thailand.ap/index.html |title=Thai PM: 'I'm the real prime minister' |agency=AP/CNN |date=29 February 2008 |access-date=29 February 2008 |archive-date=3 March 2008 |url-status=dead |archive-url=https://web.archive.org/web/20080303123538/http://edition.cnn.com/2008/WORLD/asiapcf/02/29/thailand.ap/index.html |df=dmy }}

Samak Sundaravej ended his campaign to regain his position on 12 September 2008. Mr Samak's decision was revealed on 11 September by Theerapol Nopparampa, his close aide, after he spent about 50 minutes meeting Mr Samak at his home and he told AP that Samak told him to tell "every reporter that he is going to step down from being the party leader and he will not accept the prime ministership."{{cite news|url=http://www.bangkokpost.com/130908_News/13Sep2008_news00.php|title=Samak steps aside after embarrassing no-vote|newspaper=Bangkok Post|date=12 September 2008}} {{Dead link|date=November 2014}} The ruling People's Power Party said earlier it was abandoning its bid to install Samak back in power. The announcements raise hopes of ending a political crisis buffeting the country.{{cite news|url=http://www.bangkokpost.com/topstories/topstories.php?id=130619|archive-url=https://wayback.archive-it.org/all/20171010152443/https://www.bangkokpost.com/topstories/topstories.php?id=130619|url-status=dead|archive-date=10 October 2017|title=Samak steps back|newspaper=Bangkok Post|date=12 September 2008|df=dmy-all}} Leaders of the People Power Party had said since Tuesday that they would seek to restore Samak, but they need to convince five other parties in the coalition to go along with that choice. Some lawmakers have indicated they will propose an alternate candidate.{{cite news|url=http://www.cnn.com/2008/WORLD/asiapcf/09/12/thailand.pm/index.html |title=Former Thai PM to end comeback bid, aide says |agency=CNN |date=12 September 2008 |access-date=13 September 2008 |archive-date=14 September 2008 |url-status=live |archive-url=https://web.archive.org/web/20080914004352/http://www.cnn.com/2008/WORLD/asiapcf/09/12/thailand.pm/index.html |df=dmy }}

At age 73, Samak admitted he had liver cancer and underwent laser surgery to remove a tumour and was treated at Bumrungrad International Hospital on 2 October 2008. He was discharged on 25 October.{{cite news|title=SAMAK ADMITS HE HAS LIVER CANCER|url=http://www.bangkokpost.com/news/local/2769/samak-admits-he-has-liver-cancer|newspaper=Bangkok Post|date=19 October 2008}} On the morning of 24 November 2009, it was reported that at 8:48 am Samak had died at Bumrungrad International Hospital of liver cancer at the age of 74.{{cite news|title=Samak loses battle with cancer|url=http://www.bangkokpost.com/news/local/160920/samak-loses-cancer-battle|archive-url=https://wayback.archive-it.org/all/20171010153407/https://www.bangkokpost.com/archive/samak-loses-cancer-battle/160920|url-status=dead|archive-date=10 October 2017|newspaper=Bangkok Post|date=24 November 2009|df=dmy-all}} Thaksin Shinawatra, former Thai Prime Minister, said "My family and I express profound sorrow for the passing away of HE (His Excellency) Samak but I will not be able to attend his funeral."{{cite news|first=Richard|last=Lloyd Parry|author-link=Richard Lloyd Parry|title=Ex-Thai prime minister Samak Sundaravej dies in Bangkok|url=http://www.timesonline.co.uk/tol/news/world/asia/article6929249.ece|newspaper=The Times|date=24 November 2009}}{{dead link|date=September 2024|bot=medic}}{{cbignore|bot=medic}} Samak's funeral was held at Wat Benchamabophit and his cremation was held at Wat Debsirin.{{cite news|title=Security tightened at cremation of former PM Samak Sundaravej|url=http://www.mcot.net/cfcustom/cache_page/129498.html|location=Bangkok|date=14 November 2010|agency=MCOT|url-status=dead|archive-url=https://web.archive.org/web/20120401172056/http://www.mcot.net/cfcustom/cache_page/129498.html|archive-date=1 April 2012|df=dmy-all}} Crown Prince Maha Vajiralongkorn presided over the ceremonies, representing the King and Queen.{{cite news|title=Former Thai Prime Minister Samak dies |date=24 November 2009 |url=http://edition.cnn.com/2009/WORLD/asiapcf/11/24/thailand.samak/ |agency=CNN |access-date=25 November 2009 |archive-date=28 November 2009 |url-status=live |archive-url=https://web.archive.org/web/20091128125442/http://edition.cnn.com/2009/WORLD/asiapcf/11/24/thailand.samak/ |df=dmy }} His ashes were scattered in Sattahip Bay in a final ceremony.{{Cite web|url=https://www.pattayamail.com/news/navy-helps-scatter-ex-pm-samaks-ashes-in-sattahip-bay-384|title=Navy helps scatter ex-PM Samak’s ashes in Sattahip Bay|first=Patcharapol|last=Panrak|date=29 November 2010}}

Samak has received the following royal decorations in the Honours System of Thailand:

• 80px Knight Grand Cordon (Special Class) of the Most Exalted Order of the White Elephant{{cite web |url=http://www.ratchakitcha.soc.go.th/DATA/PDF/2526/D/207/42.PDF |archive-url=https://web.archive.org/web/20150626124847/http://www.ratchakitcha.soc.go.th/DATA/PDF/2526/D/207/42.PDF |url-status=dead |archive-date=26 June 2015 |title=Royal decoration list for 1983 |date=5 December 1983 |publisher=Royal Thai Government Gazette |access-date=1 June 2022 |page=42}}
• 80px Knight Grand Cordon (Special Class) of The Most Noble Order of the Crown of Thailand{{cite web |url=http://www.ratchakitcha.soc.go.th/DATA/PDF/2528/D/017/42.PDF |archive-url=https://web.archive.org/web/20191108063620/http://www.ratchakitcha.soc.go.th/DATA/PDF/2528/D/017/42.PDF |url-status=dead |archive-date=8 November 2019 |title=Royal decoration list for 1984 |date=5 December 1984 |publisher=Royal Thai Government Gazette |access-date=1 June 2022 |page=44}}
• 80px Knight Grand Cross (First Class) of the Most Admirable Order of the Direkgunabhorn{{cite web |url=http://www.ratchakitcha.soc.go.th/DATA/PDF/2539/B/022V003/1.PDF |archive-url=https://web.archive.org/web/20111115211534/http://www.ratchakitcha.soc.go.th/DATA/PDF/2539/B/022V003/1.PDF |url-status=dead |archive-date=15 November 2011 |title=Royal decoration list for 1996 |date=4 December 1996 |publisher=Royal Thai Government Gazette |access-date=1 June 2022 |page=2}}
• 80px Knight Grand Commander (Second Class, higher grade) of the Most Illustrious Order of Chula Chom Klao{{cite web |url=http://www.ratchakitcha.soc.go.th/DATA/PDF/00046513.PDF |archive-url=https://web.archive.org/web/20111120094046/http://www.ratchakitcha.soc.go.th/DATA/PDF/00046513.PDF |url-status=dead |archive-date=20 November 2011 |title=Royal decoration list for 2002 |date=4 May 2002 |publisher=Royal Thai Government Gazette |access-date=1 June 2022 |page=1}}

• 80px Border Service Medal
• 80x80px Second Class of the Boy Scout Commendation Medal
• 80px King Bhumibol Adulyadej Royal Cypher Medal

• {{flag|Philippines}} :
• 80x80px Grand Collar of the Order of Sikatuna (GCS)
• {{flag|Japan}} :
• 80x80px Grand Cordon of the Order of the Rising Sun
• {{Flag|Denmark}} :
• 80x80px Commander 1st Class of the Order of the Dannebrog (2001)
• {{flag|Netherlands}} :
• 80x80px Grand Officer of the Order of Orange-NassauRoyal Thai Government Gazette, [https://web.archive.org/web/20131006113300/http://www.ratchakitcha.soc.go.th/DATA/PDF/00137672.PDF Announcement of the Prime Minister's Office – Royal assent of decorating foreign decorations.] Vol. 121. 25 March 2004 (2003)

This Cabinet was active from 6 February 2008 to 24 September 2008

• Samak Interview on [http://english.aljazeera.net/NR/exeres/FCFBA8C6-4B98-4913-84F6-9C8DA2E7B273.htm Al Jazeera]
• Cabinet of Thailand

{{Reflist|colwidth=30em}}

• [http://blogs.houstonpress.com/eating/2008/09/crabby_thai_judiciary_fires_fo.php Crabby Thai Judiciary Fires Food Critic PM] {{Webarchive|url=https://web.archive.org/web/20080915050800/http://blogs.houstonpress.com/eating/2008/09/crabby_thai_judiciary_fires_fo.php |date=15 September 2008 }}
• [http://www.boringdays.net/hell-demon-sundaravej-tyrantis/ Sundaravej tyrantis Scientific-like paper] {{Webarchive|url=https://web.archive.org/web/20081013003819/http://www.boringdays.net/hell-demon-sundaravej-tyrantis/ |date=13 October 2008 }}
• State of Emergency Lifted [http://www.hotelthailand.com/news/state-emergency-lifted-bangkok.html]
• [https://www.telegraph.co.uk/news/obituaries/culture-obituaries/tv-radio-obituaries/6646004/Samak-Sundaravej.html Samak Sundaravej] – Daily Telegraph obituary
• [https://sites.google.com/site/verapat/master-of-laws-paper Three-course recipe for the court's cookery : a critique on Thai democracy and judicial review] – Verapat Pariyawong

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{{DEFAULTSORT:Sundaravej, Samak}}

Category:1935 births

Category:2009 deaths

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Category:Thai television personalities

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Samak Sundaravej

Category:Bryant and Stratton College alumni

Samak Sundaravej

Samak Sundaravej