March 2006 123rd Issue

Hua Hin Events

Dave Calvin (as usual with bottle in hand!) celebrates his birthday at Jungle Juice with his brother, sister and girlfriend - a good time was had by all by the looks of it!

Scotty (left) seen here with Ian at Pana's, in good form before beaming back to Australia

Pop, Aoy, Duncan and Carol take part in the Chinese New Year parade in Hua Hin

Barry Travolta (or is it John Stone?) tests out his wedding suit

'Allo ‘Allo ‘Allo - what's all this ‘ere then? It's Fon celebrating her birthday, and it looks like she got away with it!

Hua Hin Online by HHAD

Talk of the town during February was the great success of HHAD's 3-year birthday party held on the 28th of January in Johnnie Walker's bar (see the photos alongside this article). The enthusiastic consumption of two kegs of beer raised 10,000 baht for Hua Hin Dog Rescue Centre. Big thanks go out to Ken from Crawford's who provided a keg, Kim's Kitchen who provided some food, Johnnie Walker for hosting the event and the HHAD team of moderators for making it all happen.

Hot topics on the message boards included a debate on the Hua Hin fire department and their effectiveness should an incident occur. There is also an ongoing discussion on the opening of the new shopping and entertainment complex on Petchkasem Road. We will soon see if they are stocked with a wide range of products or if it is just another glorified Seven Eleven.

Accommodation hunters were looking for comparisons between local hotels and guesthouses and some made use of the new online booking system. The property debates wage on, to buy or not to buy, that is the question. Filling in land and its costs were the questions posed by one reader.

Two new business ventures asked questions on the viability of their plans, a western style Chinese restaurant in Hua Hin and a freshwater fishing venue. The golf pains continue at the driving range as one novice takes up the sport suddenly realizing that it's not as easy as it looks! There are also a number of rugby fans looking to hook up and watch the games or even play a bit.

The legal and finances sections saw questions posed on foreigners getting credit cards from a Thai bank and going down to Pranburi to get your Thai driving license. More Internet woes were had with bad connections, poor service from ADSL providers and even a few alternatives.

The month also saw the launch of two new interactive Hua Hin maps. One for the central city and one area map covering all housing developments. You can simply click and book if you are searching for a hotel or guesthouse.

HHAD forums are the definitive online message boards and discussions for the area, there are sections for finding and booking accommodation, seeking out bargains, and exploring the local area and beyond. There is also a nightlife section for the night owls, a restaurant and feeding guide along with an online meeting point for visa runners and clubs. The ever popular “Ask the expats” section is great for quickly getting the answers you need from the people that live here. Logon and find out what is happening in Hua Hin:

www.huahinafterdark.com/forum

WELCOME TO THE VILLAGE

Scheduled to open on 18th February, the pictures below show that the Hua Hin Market Village was almost ready for the day at press time. HomePro, Tesco Lotus, Major Cineplex and Major Bowl are amongst the many attractions at the new shopping mall next to the Catholic school just south of the town centre. Ample parking is available but long traffic queues are expected as people from the whole region will want to visit.

Cha-Am Food & Beer Festival

The 1st Annual Food and Beer Festival is taking place in Cha Am on the 2nd, 3rd and 4th March. Every day it will run from noon to midnight, offering a selection of Thai and Western food, and a range of international beers, including Guinness, Heineken, Singha, Chang, Kilkenny and Tiger, who will all have dedicated booths. Several restaurants located in the zone are supporting the festival, including Crawfords, Eden and Mai-Ru. There will be live music from international bands, as well as special shows and a DJ. There will be a traffic free zone as shown on the map (below) and a security centre to ensure safe access. The event is located on and around the sois running down to the beach next to the bus station.

Samui Dolphin To Be Set Free!

A rare pink dolphin (Indo-Pacific Humpback Dolphin) kept at a resort on the island of Samui in southern Thailand was to be set free on Saturday 11th February after government officials found that the wild caught animal was being trained to perform shows for tourists. The owner of the resort earlier claimed the dolphin was kept at the zoo for medical treatment only after it got “accidentally caught in nets of a fishing trawler”. The capturing and trade of all species of dolphin is illegal under both Thai and international law. The Indo-Pacific Humpback Dolphin is categorized under appendix 1 of the CITES (Conference on International Trade in Endangered Species).

A veterinarian and specialists of the Phuket Marine Biological Center , a sub-division of the Department of Marine and Coastal Resources are currently preparing the dolphin for a speedy release back into the gulf of Thailand . The dolphin has been kept at a swimming pool of a resort and zoo on the island for over three months. The Wildlife Friends of Thailand and Thai Animal Guardians Association who have both been campaigning for the release of the dolphin are assisting the release efforts with financial help of Care for the Wild International.

After the initial complaint sent by Edwin Wiek, director and founder of the Wildlife Friends of Thailand, to various government agencies several weeks ago it was the Department of Marine and Coastal Resources that acted swiftly to rescue the dolphin. The DMCR Director-General Dr. Maitree Duangsawasdi ordered his officials to study the possibility of a fast release for the sake of the animal and the conservation of its species. On Wednesday the 8th of February it was concluded that the dolphin was physically fit for release and an appropriate release site was determined.

The rapid response and intervention by the DMCR to the complaints are a good indication that conservation of endangered marine wildlife is taken seriously and sends a clear message to people trying to exploit natural resources that the law will be enforced.

Edwin Wiek

Wildlife Friends of Thailand

www.wfft.org

edwin.wiek@wfft.org

Tel +66-90600906

( Thailand 090600906)

Roger Lohanan

THAI AGA

www.thaiaga.org

roger2@asianet.co.th

Tel: 01-8080769

Saint Patrick's Day

(March 17), is the Irish feast day, which celebrates Saint Patrick (386-461), the patron saint of Ireland. It is a legal holiday in the Republic of Ireland, Northern Ireland, the overseas territory of Montserrat and the Canadian province of Newfoundland and Labrador. It is celebrated worldwide by the Irish and those of Irish descent, Scottish descent, (and increasingly by many of non-Irish descent). A major parade takes place in Dublin and in most other Irish towns and villages. The four largest parades of recent years have been held in Dublin, New York City, Manchester, and Savannah. Parades also take place in other places, including London, Paris, Rome, Munich, Moscow, Beijing, Hong Kong, Singapore, Copenhagen and throughout the Americas.

As well as being a celebration of Irish culture, St. Patrick's Day is a Christian festival celebrated in the Roman Catholic Church, the Church of Ireland (among other churches in the Anglican Communion) and some other denominations. However, as a Christian festival, St. Patrick's Day sometimes is required to give way to a more important feast. The day always falls in the season of Lent, and it may fall in Holy Week. In church calendars, though rarely in secular ones, if St. Patrick's Day falls on a Sunday, it is moved to the following Monday. If it falls in Holy Week, it is moved to the second Monday after Easter. In Ireland it is traditional that those observing a Lenten fast may break it for the duration of St. Patrick's Day.

Celebrations in Ireland

St. Patrick's Day parades in Ireland date from the late 19th century, originating in the growing sense of nationalism of the period. In the mid-90's, a group called St. Patrick's Festival was set up by the government with the aim of ensuring a national festival that ranks amongst all of the greatest celebrations in the world, and to promote the international image of Ireland.

The first St. Patrick's Festival was held in 1996, and was celebrated only on the day. In 1997, it became a three-day event, and since 2000 has been a 4-day event. The most recent Festivals have encompassed spectacular fireworks displays (Skyfest), open-air music, street theatre and the traditional parade. The topic of the previous year's (2004) St. Patrick's Symposium was "Talking Irish," during which the nature of Irish identity, economic success and the future was discussed. Since 1996, there has been a greater emphasis on celebrating and projecting a fluid and inclusive notion of 'Irishness' rather than a fixed identity based around traditional religious or ethnic allegiance. Nevertheless, many Irish people still wear a bunch of shamrock on their lapels or caps on this day, while children wear tri-colour (green, white and orange) badges. Girls traditionally wore green ribbons in their hair (many still do).

The biggest celebrations in Ireland outside Dublin are in Downpatrick, where Saint Patrick was buried following his death on March 17, 461. In Downpatrick in 2004, according to Down District Council, the parade, during the weeklong St. Patrick's Festival, had over 2000 participants and 82 floats, bands and performers. The parade was watched by over 30,000 people.

Although celebrated by the Church of Ireland as a Christian festival, St. Patrick's Day as a celebration of Irish culture is rarely acknowledged by British loyalists in Northern Ireland, who consider it a republican festival. Belfast City Council recently agreed to give some funding to its parade for the first time. Previously the parade was privately funded.

Celebrations outside Ireland

Some people believe St. Patrick's Day is a bigger holiday in the U.S and Canada than it is in Ireland, however, despite this, many Americans travel to Ireland for the festivities. The smallest parade is said to take place in Hot Springs, Arkansas in the United States; this parade is less than a single city block and is nevertheless the highlight of the day. Boulder, Colorado claims to have the shortest parade, which is also less than a single city block.

The first civic and public celebration of St. Patrick's Day in the American Colonies took place in Boston in 1737. The first St. Patrick's Day celebrated in New York City was held at the Crown and Thistle Tavern in 1756. Since then the New York celebration has become the largest St. Patrick's Day parade in the world. The parade itself dates back to 1762, and in 2003 more than 150,000 marchers participated, including bands, military and police groups, county associations, emigrant societies, social and cultural clubs. The parade marches up 5th Avenue in Manhattan and it attracts roughly 2 million people.

The New York parade is moved to the previous Saturday (March 16) in years where March 17 is a Sunday. The event is also moved on the rare occasions when, due to Easter falling on a very early date, March 17 would land in Holy Week—this last occurred in 1913, when the parade was held on Saturday, March 15 because Easter that year was March 23 (making March 17 the Monday of Holy Week); this same scenario is scheduled to arise again in 2008, when Easter will also fall on March 23. In many other American cities (such as San Francisco), the parade is always held on the Sunday before March 17, regardless of the permutations of the liturgical calendar.

Some U.S. cities paint the traffic stripe of their parade routes green. Others, including Chicago, dye their principal rivers green, an act that most native Irish find bizarre.

Other events

Since the 1990s, Irish Taoiseach (prime ministers) have attended special functions either on St. Patrick's Day or a day or two earlier, in the White House, where they present shamrock to the President of the United States. A similar presentation is made to the Speaker of the House. Originally only representatives of the Republic of Ireland attended, but since the mid-1990s all major Irish political parties from north and south are invited, with the attendance including the representatives of the Irish government, the Ulster Unionist Party, the Social Democratic and Labour Party, Sinn Féin and others. No northern Irish parties were invited for these functions in 2005. In recent years, it is common for the entire Irish government to be abroad representing the country in various parts of the world. In 2003, the President of Ireland celebrated the holiday in Sydney, the Taoiseach was in Washington, while other Irish government members attended ceremonies in New York, Boston, San Francisco, San Jose, Savannah, Chicago, Philadelphia, San Diego, New Zealand, Hong Kong, South Africa, Korea, Japan and Brazil.

In Britain, the late Queen Elizabeth, the Queen Mother used to present bowls of shamrock specially flown over from Ireland to members of the Irish Guards, a regiment in the British Army made up of Irishmen from both Northern Ireland and the Republic of Ireland (as well as many Liverpudlians and other Britons).

In many parts of the U.S., Britain, and Australia, expatriate Irish, those of Irish descent, and ever-growing crowds of people with no Irish connections but who may proclaim themselves "Irish for a day" also celebrate St. Patrick's Day, usually by consuming large quantities of alcoholic beverages, including lager often dyed green, Irish beer, such as Murphys, Smithwicks, Harp or Guinness, or other Irish liquors such as Irish whiskey, Irish Coffee or Baileys Irish Cream, by wearing at least one article of green-coloured clothing, and by listening to Irish folk music. (Former Mayor of New York Ed Koch once proclaimed himself "Ed O'Koch" for the day and is one of the most famous people of non-Irish descent to publicly revel on the holiday.)

It is highly unlikely that Thailand will ever have parades or holidays to celebrate the day, but you can be sure that you will be able to find a group of people celebrating in Hua Hin or Cha Am, most likely in one of the many Irish bars, whether they are Irish or not!

Sláinte, Saol fada chugat (Cheers, and long life to you).

Property Ownership

The rules regarding foreign and Thai ownership of land, buildings and condominiums in Thailand

Land ownership

Ownership of land or possession rights may be evidenced in one of the following ways:

Title deeds (chanote)

This is issued in duplicate, one copy for the owner, mortgagee, etc., and one for the official records of the Land Department. The title deed contains a description of the land, including the area, boundaries and marking posts, and a history of all registered transactions concerning the land. A title deed, or at least the Land Department copy, is the best evidence of ownership. The registered owner may transfer ownership or grant other rights by presenting his original title deed at the Land Department together with the appropriate contract (sale, lease, mortgage, etc.) The transaction can be registered immediately and there is no waiting time required in order to effect registration. Title deeds are issued mainly for land in urban and other built - up areas.

Confirmed certificate of use (Ngor Sor Saam Gor)

This is similar to a title deed. It certifies that the person named has the right to use the land and that his right has been confirmed, that all requirements for the issue of a title deed have been met and the issue of the title deed is pending the issue of title deeds in the area concerned. A transfer of this certificate is made at the Amphur (District Office) office rather than at the Land Department. Transfers may be made without the need to post a notice or for a waiting period to elapse.

Certificate of use (Ngor Sor Saam)

Similar to the Confirmed Certificate of Use, except that not all the formalities to certify the right to use have been performed. it may be transferred at the Amphur, but before a transfer can be made, it is necessary to post a notice of intent and then to wait for a period of 30 days to elapse to see if any person objects to the transfer.

Certificate of possession (Sor Kor Neung)

This recognises that a person is in possession of land, but the certificate does not imply that there are any rights associated with the possession. It cannot be transferred, but a person in possession may transfer physical possession and the new possessor may apply for a new Certificate of Possession. These are common mainly in rural areas. Their issue must precede the issue of a Certificate of Use.

Tax receipts

A person may pay local development land tax and use the tax receipt as evidence of possession. The tax receipt does not confer any rights but it is useful in applying for a Certificate of Possession.

Mere possession

A person may be in possession of land without any documentation at all. Depending on the nature of the land involved and other possible claimants, including the government, mere possession could possibly, step by step, evolve into documented possession and ultimately, to the issue of a title deed. Mere possession can be transferred from one person to another by an agreement in writing. (Such an agreement cannot be registered.) The transferee does not obtain any right greater than the transferor had.

Ownership by adverse possession

Ownership to immovable property can be obtained by adverse possession for a period of ten years. Ownership so obtained is superior to the ownership shown on a title deed or other similar document. The court may order that a new title deed be issued to the adverse possessor subject to adequate proof. Ownership, however, cannot be obtained by adverse possession to state property within the public domain.

Preliminary contracts of sale

Contracts to transfer immovable property at some future date are specifically enforceable; however, these contracts generally cannot be registered and so it is possible for the seller in the interim period to transfer good title to a third party. There is therefore little protection for would be buyers who enter into contracts to purchase immovable property in the event that the seller becomes insolvent or sells to someone else.

Transferring ownership

Ownership is normally transferred by a contract in writing made before the appropriate official at the Land Department (Amphur). The transaction is recorded on the title deed or other document and copies of the supporting documents such as the contract for sale, lease or mortgage are retained in official records. With respect to land, the purchaser, if a natural person, must prove that he has the right to acquire it by proving his Thai nationality. For example, if the purchaser's father was not Thai, the purchaser may have to show documents to prove that he has completed his Thai military service. Thai women with foreign fathers may have to prove that they are not buying the land for use by their fathers.

Foreign ownership

The law generally restricts the right of foreigners to buy or own land unless there is a treaty allowing such ownership, or the foreigner has received special permission. All treaties allowing foreigners to buy or own land have been abrogated. Foreign ownership of land is currently possible in the following cases:

The Board of Investment and the Industrial Estates Authority of Thailand has power to permit promoted companies to own land for the purpose of the promoted business.

Permission for land ownership may also be granted to petroleum concessionaires under the Petroleum Act, for use in approved projects.

Banks and financial institutions that have become foreign owned with Bank of Thailand consent, may own land, or acquire land through a debt restructuring process, on the same basis as similar Thai-owned institutions.

A foreigner who invests at least 40 million Baht in authorized securities in Thailand , may be granted permission to purchase up to one rai (roughly 400 square metres) of land for residential purposes.

Property funds licensed by the Securities Exchange Commission, may have all their units owned by foreigners. Such property funds are subject to minimum investment and other requirements.

Practice of the Land Department

Foreigners sometimes buy land by using companies which are nominally majority Thai owned. Under the present law, a Thai company which is at least 51% Thai owned may buy land. In practice, the Land Department is reluctant to register transfers of land to any company that is more than 39% owned by foreigners. In a case where a company has any foreign shareholders or foreign directors, the Land Department may refuse to permit a transfer, until it is satisfied that the Thai equity in the company is real and that the Thai shareholders are not nominees of foreigners. In this respect, the Land Department may investigate Thai shareholders to see if they have the resources to purchase their shares. Such an inquiry may involve a request to see income tax returns. Cases in which foreigners own more than 39% of the shares are referred to the Director General of the Land Department for consideration.

Other rights in land

Leases

Although foreigners usually may not buy land, they may lease land on a short or long term basis. Leases for up to three years may be entered into by simple contract and need not be registered. Leases for more than three years are valid for only three years unless the lease is registered on the Title Deed or the Certificate of Use. Leases for three years with an option to renew may in certain cases be treated as a lease for more than three years and the renewal option may not be valid, unless the lease with the renewal option is registered. Leases may be registered for up to 30 years (or the life of either party) and where the lease is for a period of years it may provide for a renewal clause allowing the lease to be renewed for an additional period of up to 30 years. However, the renewal provision is not automatic, the parties must appear at the Land Department to register the renewal. There are court decisions that indicate that the renewal clause is personal to the landlord, and thus may not be binding on his heirs or successors. A change in the law has been made to permit a lease for industrial or commercial purposes to be granted for a term of up to 50 years, and this may also include an option to renew for a further 50 years. The granting of such longer leases has not yet become popular in practice.

Superficies

This is a right granted by an owner of land in favour of another whereby the superficiary is granted the right to own upon the land, buildings, other structures or plantations. It is similar to a lease, and the rules concerning leases apply to superficies. Often, what many people believe is a lease is in fact a superficies.

Usufruct

This is a right granted by an owner of land in favour of a usufructuary whereby the usufructuary has the right to possess, use and enjoy the benefits of the property. Specifically, a usufructuary normally has the right to exploit forests, mines and quarries. The rules concerning usufructs are similar to those concerning leases.

Habitation

This is a right to inhabit a building as a dwelling without paying rent. It may be granted for the life of the grantee or for a period of time not exceeding thirty years subject to the right to renew for an additional period of 30 years. The rules concerning habitations are generally similar to those concerning leases.

Servitudes

A piece of immovable property may be subject to various types of servitudes for the benefit of another piece of immovable property. A servitude may, for example, be granted, consisting of an easement giving access to a parcel of land or of the right not to have a tall building built on the subservient estate. Servitudes may be acquired by prescription but normally must be registered on the applicable title deeds. Servitudes by necessity also exist in favour of parcels of land to which there would otherwise be no access or unduly difficult access.

Charges

A piece of immovable property may be subject to a charge entitling the beneficiary to a periodic performance out of such property or to a specified use and enjoyment thereof. A charge may be created for the life of the beneficiary or for a period of 30 years, subject to a right to renew for an additional period of 30 years

Mortgages

A mortgage may be granted by an owner in favour of a person, bank or financial institution, to secure the performance of any obligation. Whilst there is no law restricting the right of foreigners to be granted mortgages over land, the Land Department normally does not allow foreign individuals to be granted such a right, as it deems that such mortgages may be a subterfuge for the foreigner to secure beneficial ownership of the land. Foreign banks, however, may take mortgages over land. For residents of Thailand , only individuals and licensed banks and finance companies can be granted mortgages, where the mortgage finances the construction or purchase of the immovable property. But any company can be granted a mortgage to secure trading debts or other obligations.

Divided ownership of land and buildings

It is common in Thailand for buildings to be owned separately from the land. Since there are no nationality restrictions on owning buildings, it is common for foreigners to own buildings and to lease the land on which their factories or other buildings are constructed. Ownership of buildings may be transferred at the Land Department at the same time that the ownership of the land covered by a Title Deed or Confirmed Certificate of Use is transferred. Otherwise, ownership may be transferred only after notice of the proposed transfer has been posted and 30 days have elapsed without any objection.

Apartments may be leased in the same manner as buildings, but cannot be owned separately from the whole building. Leasing arrangements are often structured by the preparation of several documents, rather than a single document. Since landlords are liable to pay Land and House tax of 12.5% of the gross rental derived from renting out land and buildings, but only 7% VAT is charged on services provided, landlords in order to minimize their taxes often prepare two or three separate agreements. The first agreement will be a lease of the apartment or building. The rent will be subject to 12.5% Land and House Tax. Other agreements, for example providing for the use of furniture of for other services, are exempt from Land and House tax, but are subject to Value Added Tax, currently at 7%.

Condominiums

The rules concerning ownership of condominiums are similar to those concerning land. Condominium units have a form of title deed and ownership is transferred at the Land Department. Since each condominium unit carries with it a proportionate ownership of the land, foreign ownership of condominiums is strictly controlled. Foreigners, meaning foreign natural persons, foreign companies or foreign majority owned Thai companies, may currently own up to 40% of the units in a condominium project. For foreign natural persons who do not have a residence permit, there must be proof that foreign currency was brought into Thailand to purchase the unit. Different rules apply to persons in BOI promoted companies and foreigners with residence permits. Notwithstanding the above, condominium units may be leased by foreigners, in the same manner that they may lease land.

Fees, stamp duty and tax

The following are the fees, stamp duties and taxes due on the sale, lease or mortgage of land, buildings and condominiums:

Transfers of land, buildings or condominiums

The land transfer fee for transferring ownership to land, buildings or condominiums is 2% of the assessed value, no matter what amount is declared. In addition, there is stamp duty of 0.5% based on the amount declared or the assessed amount, whichever is higher. For those who sell land or buildings held for less than five years (less than one year, if the owner has his registered domicile at the place being sold) there is a specific business tax due of 3.3% (inclusive of municipal tax) of the declared amount. But if this tax is paid, then the 0.5% stamp duty referred to above is not payable.

Sale by juristic person

For juristic persons that sell land, buildings and condominiums, there is a 1% income tax withholding payable at the registration office. Full corporate income tax must be paid on the profit at the time the selling company files is annual or semi-annual income tax return. A credit is allowed for the 1% withheld.

Sale by natural person

Natural persons who sell land, buildings or condominiums (but not in the course of a business) must pay income tax on the capital gain at a rate from 0% to 20%, at the time the transfer is made. The tax is assessed on the assessed price, less a standard deduction based on the length of time that the seller has owned the property. The usual progressive natural person tax rates are applied to the deemed profit (see further Chapter 12 Personal Taxes), but in any event the tax may not exceed 20% of the gross sale price. When a natural person files his annual income tax return, he can choose to declare the actual profit or loss, or he can ignore the matter, and the tax paid at the registration office will be deemed to be the actual tax.

Fees on Leases

Natural or juristic persons who register a lease of land, buildings or condominiums (or other similar right, such as a superficies, usufruct or habitation) pay a 1% fee of the assessed rental value. In other words, the total monthly or assessed rental value for the term is calculated and the tax is paid on the total amount. In addition, there is stamp duty payable of 0.1% of the above figure, and additional stamp duty of 0.5% based on the receipt of rent or any prepaid rental recited in the lease. If there is no prepaid rent, this stamp duty is not due until the rent is actually paid and a receipt given.

Fees on Mortgages

The fee for registering a mortgage on land, buildings or condominiums is 1% of the amount declared in the mortgage agreement, with a maximum fee of Baht 200,000. In addition, proof must be presented that the 0.05% stamp duty due on a loan agreements (subject to a maximum duty of Baht 10,000) has been paid. If the stamp duty has not already been paid, it must be paid at the time the mortgage is registered.

Revised May 1, 2005

Asian news and current affairs

The ghosts of tsunamis past

By David Simmons

BANGKOK - One year ago, on the day after Christmas, an enormous surge of water crashed into the resort island of Phuket, shattering boats and buildings, killing hundreds, and devastating Thailand's tourism industry.

Days later, the driver of a three-wheeled motorcycle taxi made his way along a darkened island road, and was flagged down by a group of foreigners. They climbed silently into the vehicle. But when the driver turned to ask their destination, they had vanished.

Or so went the story, and there were many others like it doing the rounds of the local rumor mill in the weeks after the tsunami. It is the widespread belief in - and fear of - ghosts that to this day

prevents many Thais, including my wife, from visiting Phuket, Phang Nga and other areas hit hard by the great tsunami of December 26, 2004. And so I went to Phuket by myself late this year to see how the island had recovered.

The cheerful Thai who drove me from Phuket International Airport to my hotel on Kalim Bay, north of Patong Beach, proudly showed me the new buildings that had sprouted up all along the island's west coast, replacing those that had been flattened by the wave. Then we came across a group of older buildings.

These buildings, the driver explained, had been "spared" by the tsunami. Some residents who had been out late at Christmas parties the night before actually slept through the mayhem of the next morning, and were shocked to see the death and destruction just a few meters to the north and south of their neighborhood.

The passive term "spared" is more useful to us sophisticated Westerners than it is to Thais, who still have a concept of some sort of deliberator behind what we prefer to term "the unexplained". Spared by what, or whom? It is a question we would rather not ask, let alone try to answer.

Minutes after that cluster of homes on the west coast of Phuket was spared, the tsunami proceeded across the strait toward the Thai mainland, and the province of Krabi, where my wife and I were enjoying a Christmas vacation with friends. News came to us as we were sitting at brunch in the outdoor dining area of our hotel, a hundred meters or so back from the beach, that some sort of natural disaster had happened in the Andaman Sea, and a giant wave was heading our way.

By the time I had grabbed my camera and approached the beach, the first wave had already hit, strewing debris across the beach road. The second wave was bigger, and washed across to the gravel side road where I was standing, thinking I was safe. The gravel road turned into a river, and the warm Andaman waters, now a raging soup of sand and surf and sea creatures dredged from the depths, pulled me under.

Unlike several hundred thousand other people that day, however, I was "spared" (for a more detailed account, see Of heroism and cliches, Asia Times Online, January 4).

Solitude and family

The bartender at my hotel on Kalim Bay in Phuket took me into the lounge, where photographs of the post-tsunami devastation suffered by the hotel hung on its renovated walls.

The wave had crashed into the building's ground floor, causing 9 million baht (nearly US$220,000) in damage, and forcing the hotel to close for months. Tourists stayed away from the island, finally trickling back around mid-year, first the South Koreans and Japanese, other Asians, then Europeans. The hotel's British owner said he finally started to make money again in October.

I asked the bartender if he had been in the hotel when the tsunami hit. No, he had not been employed at this hotel last year, but at a different hotel elsewhere in Phuket. It too had been wrecked by the wave, but his shift was scheduled for later in the day, and he had not been in the building - he was "spared".

Then his face clouded over: "But my boss was killed."

In my hotel room the next day, my mobile phone beeped. A message flashed across its screen: "Gordon was killed last night." A Scot who had been living in Hua Hin, a town on the Gulf of Thailand, Gordon had been found dead beside a road near his home, the victim of a motorbike accident.

I went to Hua Hin for Gordon's funeral; there was a good crowd, comprising the motley multinational "family" typical of Thailand's expatriate community: hoteliers, retirees, tourists, journalists, golfers, bar owners, barflies and bargirls. After the Buddhist ceremony we went to Gordon's favorite bar to eat and drink to his memory.

It had been Gordon's habit to sit at the bar's computer and compile a playlist of his favorite songs and save them to the hard drive; those songs played as we sat there that evening. One day during the previous week, as his body had lain in his coffin awaiting cremation, the bar was empty except for a few Thai staff standing behind the counter watching television. The TV was situated on a stand above the computer.

Suddenly, the TV switched itself off, and the computer switched itself on. Just a glitch, the sophisticated foreigners said - it had happened before. But the Thais knew different: Gordon's ghost had come into the bar, looking for his music.

Who was right? Who turned on that computer? Who were those mysterious taxi passengers on the darkened Phuket road? No one really knows. All we - Thais and foreigners - really knew as we sat listening to Gordon's tunes during his wake, enjoying one another's company and remembering our departed friend - the gentle, good-humored, solitary Scot who somehow managed to touch many of us deeply without our realizing it - was the one immutable truth: life goes on and then, perhaps in the biggest cataclysm of the century or on a lonely road in the middle of the night, our luck runs out, and we are not spared our ultimate fate.

David Simmons is a Canadian journalist based in Thailand.

(Copyright 2005 Asia Times Online Ltd. All rights reserved. Please contact us for information on sales, syndication and republishing .)

SIAM AND BEYOND

Worth checking out if you are in Bangkok is the exhibition by French artist Francois Chéneau entitled Siam and Beyond. Francois work has been inspired by boats, water and travel and features well known seascapes such as Ha Long Bay. Also seen in his work are fragile and feminine figures central to his current travel collection.

The exhibition is at the Rotunda Gallery, Neilson Hays Library, 195 Surawong Road, Bangkok. Open Tuesday to Sunday 09.30 to 16.00. Telephone 02 2331731 for further information or log onto the web site at:

www.neilsonhayslibrary.com

Grammy Awards 2006: winners

Key awards

Record of the year

Boulevard of Broken Dreams - Green Day from: American Idiot

Album of the year

How to Dismantle an Atomic Bomb - U2

Song of the year

Sometimes You Can't Make It On Your Own - U2 from: How to Dismantle an Atomic Bomb

Best new artist

John Legend

Best female pop vocal performance

Since U Been Gone - Kelly Clarkson from: Breakaway

Best male pop vocal performance

From the Bottom of My Heart - Stevie Wonder from: A Time To Love

Best pop performance by a duo or group with vocal

This Love - Maroon 5 from: Live – Friday The 13th

Best pop collaboration with vocals

Feel Good Inc - Gorillaz featuring De La Soul

Best pop vocal album

Breakaway - Kelly Clarkson

Best dance song

Galvanize - The Chemical Brothers from: Push the Button

Best electronic/dance album

Push the Button - The Chemical Brothers

Best rock solo vocal performance

Devils and Dust - Bruce Springsteen from: Devils and Dust

Best rock performance by a duo or group with vocal

Sometimes You Can't Make it on Your Own - U2 from: How to Dismantle an Atomic Bomb

Best rock song

City of Blinding Lights - U2 from: How to Dismantle an Atomic Bomb

Best rock album

How to Dismantle an Atomic Bomb - U2

Best alternative album

Get Behind Me Satan - The White Stripes

Best R&B song

We Belong Together - Mariah Carey from: The Emancipation Of Mimi

Best R&B album

Get Lifted - John Legend

Best solo rap performance

Gold Digger - Kanye West from: Late Registration

Best rap song

Diamonds From Sierra Leone - Kanye West from: Late Registration

Best rap album

Late Registration - Kanye West

Best short form music video

Lose Control - Missy Elliott ft Ciara and Fat Man Scoop

Lifetime Achievement Awards

Merle Haggard, David Bowie, Robert Johnson, Cream and Richard Pryor

Other awards

Best Pop Instrumental Performance

Caravan?Les Paul?from: American Made, World Played

Best Pop Instrumental Album

At This Time?Burt Bacharach?

Best Traditional Pop Vocal

The Art Of Romance?Tony Bennett

Best Hard Rock Performance

B.Y.O.B.?System Of A Down from: Mezmerize

Best Metal Performance

Before I Forget?Slipknot from: Vol. 3: (The Subliminal Verses)

Best Rock Instrumental Performance

69 Freedom Special?Les Paul & Friends from: American Made World Played

Best Female R&B Vocal Performance

We Belong Together?Mariah Carey from: The Emancipation Of Mimi

Best Male R&B Vocal Performance

Ordinary People?John Legend from: Get Lifted ?

Best R&B Performance By A Duo Or Group With Vocals

So Amazing?Beyoncé & Stevie Wonder from: So Amazing - An All Star Tribute To Luther Vandross

Best Traditional R&B Vocal Performance

A House Is Not A Home?Aretha Franklin from: So Amazing - An All Star Tribute To Luther Vandross

Best Urban/Alternative Performance

Welcome To Jamrock?Damian Marley from: Welcome To Jamrock?

Best Contemporary R&B Album

The Emancipation Of Mimi?Mariah Carey

Best Rap Performance By A Duo Or Group

Don't Phunk With My Heart?The Black Eyed Peas from: Monkey Business?

Best Rap/Sung Collaboration

Numb/Encore?Jay-Z Featuring Linkin Park from: Collision Course?

Best Female Country Vocal Performance

The Connection?Emmylou Harris from: The Very Best Of Emmylou Harris: Heartaches & Highways

Best Male Country Vocal Performance

You'll Think Of Me?Keith Urban

Best Country Performance By A Duo Or Group With Vocal

Restless?Alison Krauss And Union Station from: Lonely Runs Both Ways?

Best Country Collaboration With Vocals

Like We Never Loved At All?Faith Hill & Tim McGraw from: Fireflies

Best Country Instrumental Performance

Unionhouse Branch?Alison Krauss And Union Station from: Lonely Runs Both Ways

Best Country Song

Bless The Broken Road? Rascal Flatts from: Feels Like Today

Best Country Album

Lonely Runs Both Ways?Alison Krauss And Union Station?

Best Bluegrass Album

The Company We Keep?The Del McCoury Band

Best New Age Album

Silver Solstice?Paul Winter Consort??

Best Contemporary Jazz Album

The Way Up?Pat Metheny Group?

Best Jazz Vocal Album

Good Night, And Good Luck.?Dianne Reeves?

Best Jazz Instrumental Solo

Why Was I Born??Sonny Rollins, soloist from: Without A Song - The 9/11 Concert??

Best Jazz Instrumental Album

Beyond The Sound Barrier?Wayne Shorter Quartet?

Best Large Jazz Ensemble Album

Overtime?Dave Holland Big Band?

Best Latin Jazz Album

Listen Here!?Eddie Palmieri?

Best Gospel Performance

Pray?CeCe Winans from: Purified

Best Gospel Song

Be Blessed?Yolanda Adams from: Day By Day

Best Rock Gospel Album

Until My Heart Caves In?Audio Adrenaline?

Best Pop/Contemporary Gospel Album

Lifesong?Casting Crowns

Best Southern, Country, or Bluegrass Gospel Album

Rock Of Ages...Hymns & Faith?Amy Grant?

Best Traditional Soul Gospel Album

Psalms, Hymns & Spiritual Songs?Donnie McClurkin

Best Contemporary Soul Gospel Album

Purified?CeCe Winans

Best Gospel Choir Or Chorus Album

One Voice?Gladys Knight, choir director; Saints Unified Voices?

Best Latin Pop Album

Escucha?Laura Pausini

Best Latin Rock/Alternative Album

Fijación Oral Vol. 1?Shakira?

Best Traditional Tropical Latin Album

Bebo De Cuba?Bebo Valdés??

Best Salsa/Merengue Album

Son Del Alma?Willy Chirino

Best Mexican/Mexican-American Album

México En La Piel?Luis Miguel??

Best Tejano Album

Chicanisimo?Little Joe Y La Familia?

Best Traditional Blues Album

80?B.B. King & Friends

Best Contemporary Blues Album

Cost Of Living?Delbert McClinton?

Best Traditional Folk Album

Fiddler's Green?Tim O'Brien?

Best Contemporary Folk Album

Fair & Square?John Prine?

Best Native American Music Album

Sacred Ground - A Tribute To Mother Earth?Various Artists? ?

Best Hawaiian Music Album

Masters Of Hawaiian Slack Key Guitar - Vol. 1?Various Artists

Best Reggae Album

Welcome To Jamrock?Damian Marley

Best Traditional World Music Album

In The Heart Of The Moon?Ali Farka Touré & Toumani Diabaté??

Best Contemporary World Music Album

Eletracústico?Gilberto Gil?

Best Polka Album

Shake, Rattle And Polka!?Jimmy Sturr And His Orchestra??

Best Musical Album For Children

Songs From The Neighborhood - The Music Of Mister Rogers?Various Artists? ??

Best Spoken Word Album For Children

Marlo Thomas & Friends: Thanks & Giving All Year Long?Various Artists?

Best Spoken Word Album

Dreams From My Father Senator Barack Obama

Best Comedy Album

Never Scared?Chris Rock?

Best Musical Show Album

Monty Python's Spamalot? ?

Best Compilation Soundtrack Album For Motion Picture, Television Or Other Visual Media

& Best Score Soundtrack Album For Motion Picture, Television Or Other Visual Media

Ray? ?

Best Song Written For Motion Picture, Television Or Other Visual Media

Believe? from: The Polar Express

Best Instrumental Composition

Into The Light? Billy Childs Ensemble? from: Lyric??

Best Instrumental Arrangement

The Incredits? from: The Incredibles - Soundtrack?

Best Instrumental Arrangement Accompanying Vocalist(s)

What Are You Doing For The Rest Of Your Life?? Chris Botti & Sting

Best Recording Package

The Forgotten Arm?Aimee Mann

Best Boxed Or Special Limited Edition Package

The Legend? Johnny Cash

Best Album Notes

Best Historical Album

The Complete Library Of Congress Recordings Jelly Roll Morton?

Best Engineered Album, Non-Classical Back

Home? Eric Clapton?

Producer Of The Year, Non-Classical

Steve Lillywhite

Best Remixed Recording, Non-Classical

Superfly (Louie Vega EOL Mix)? Curtis Mayfield?Track from: Mayfield: Remixed The Curtis Mayfield Collection?

Best Surround Sound Album

Brothers In Arms - 20th Anniversary Edition Dire Straits?

Best Engineered Album, Classical

Mendelssohn: The Complete String Quartets?Da-Hong Seetoo, engineer (Emerson String Quartet)

Producer Of The Year, Classical

Tim Handley

Best Classical Album, Best Choral Performance & Best Classical Contemporary Composition

Bolcom: Songs Of Innocence And Of Experience? William Bolcom. Leonard Slatkin, conductor

Best Orchestral Performance

Shostakovich: Sym. No. 13?Mariss Jansons, conductor ??

Best Opera Recording ?

Verdi: Falstaff?Sir Colin Davis, conductor?

Best Instrumental Soloist(s) Performance (with Orchestra)

Beethoven: Piano Cons. Nos. 2 & 3?Claudio Abbado, conductor; Martha Argerich (Mahler Chamber Orchestra)?

Best Instrumental Soloist Performance (without Orchestra)

Scriabin, Medtner, Stravinsky?Evgeny Kissin?

Best Chamber Music Performance

Mendelssohn: The Complete String Quartets?Emerson String Quartet??

Best Small Ensemble Performance (with or without Conductor)

Boulez: Le Marteau Sans Maître, Dérive 1 & 2?Pierre Boulez, conductor; Hilary Summers; Ensemble Intercontemporain

Best Classical Vocal Performance

Bach: Cantatas?Thomas Quasthoff (Rainer Kussmaul; Members Of The RIAS Chamber Choir; Berlin?Baroque Soloists)

Best Classical Crossover Album

4 + Four?Turtle Island String Quartet & Ying Quartet?

Best Long Form Music Video

No Direction Home?Bob Dylan

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