Thai
The Plaintiffs, who were operators of diving activites in Phuket, requested the Court to order suspension of the execution of the announcement of the respondent, the Governor of Phuket, prohibiting activities which caused damage to the environment and natural resources in Phuket sea areas, including all diving activities unless registered and granted permits.
The Court determined that the relevant regulation of the Office of the Prime Minister did not confer power to the Governor to set rules governing permits for diving activities. In addition, the information required for registration created burden to the operators more than necessary. The announcement was therefore possibly unlawful. The Court determined further that the continued applicability of the announcement would result in grave injury to the operators which would be difficult to remedy while suspending the announcement would not constitute any barrier to the administration of the State affairs or public services. The Court therefore found that it had power under Clause 72 of its rule of procedure to order suspension of the execution of the announcement in its part on diving activities prohibition.