by the Government of Thailand

“ Should the Court rule that the Film shall be permitted to be broadcasted in academic forums and/or for academic purposes in the manner stated by the 1st Petitioner before the Court, it could be conjectured that the great number of people would attend the said open broadcasting to view the Film. This kind of ruling would produce the same effect as that directing the two Respondents to allow the Film to be broadcasted inside the Kingdom, by which the legal enforcement of both Respondents would be jeopardised in consequence. ”

“ The Subcommittee was of an opinion that the subject matter of the Film conveys the acts of intercourse in a manner unsuitable with the Thai society and likely to cause amongst the social circles and the viewers, even having reached the twentieth year, misunderstanding and imitation of homosexual behaviours and other misconducts presented in the Film, and that the Film is therefore contrary to the public policy. ”

“ In this respect, article 72, paragraph 3, of the Rules vests the court with the power to, by a ruling, suspend the statute or administrative act grounding the institution of the case had the court deemed that the statute or administrative act is likely to be unlawful, that the continued application of the same would cause such a serious injury to the extent subsequent remedy would be impossible and that suspension thereof would not impair the administration of state affairs or the providing of public service. ”