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CONSTITUTION
OF THE
KINGDOM OF THAILAND

Full Text

THAILAND

Constitution

of the
Kingdom of Thailand
SOMDET PHRA PARAMINTHARAMAHA BHUMIBOL ADULYADEJ
SAYAMINTHARATHIRAT BOROMMANATTHABOPHIT
 
Enacted on the 9th Day of December B.E. 2534;
Being the 46th Year of the Present Reign.
 
 May there be virtue. Today is the third day of the waning moon in the first month of the year of Goat under the lunar calendar, being Monday, the ninth day of December under the solar calendar, in the 2534th year of the Buddhist Era.  Phrabat Somdet Phra Paramintharamaha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkri Narubodin Sayamintharathirat Borommanatthabophit is graciously pleased to proclaim that He was advised by the National Legislative Assembly that since the grant of the Constitution of the Kingdom of Thailand B.E. 2475 by His Majesty King Prajadhipok Phra Pok Klao Chao Yu Hua, His Majesty's Uncle, there had been amendment to the Constitution and promulgation of new Constitutions and Constitution for the Administration on several occasions depending on the changes of situation in the country. All Constitution and Constitution for the Administration of the Kingdom that had been promulgated were in unity with one another in adhering to the democratic regime of government with the King as Head of State who should exercise the legislative power through the National Assembly, the executive power through the Council of Ministers, and the judicial power through the Courts. The essential difference between them lies in the relationship between the legislative and the executive powers, depending on the changing situation of the country for the time being. This revealed the faithful adherence of the Thai people to the democratic regime of government with the King as Head of State, which was in accordance with the will of His Majesty's Uncle, King Prajadhipok Phra Pok Klao Chao Yu Hua, in granting the power to administer the State affairs to the Thai people. The adherence to the democratic regime of government with the King as Head of State had been inherited until the present time. Even the Constitution for the Administration of the Kingdom B.E. 2534 had demonstrated such will and entrusted the task of drafting the Constitution to the National Legislative Assembly.

The National Legislative Assembly had appointed a Committee charged with the duty of drafting the Constitution. When the Constitution had been completely drafted, the National Legislative Assembly considered the Draft Constitution in three readings in accordance with the provision of the Constitution for Administration of the Kingdom B.E. 2534. In the first reading, the National Legislative Assembly had passed a resolution to accept the principle of such for considering and had appointed the Committee considering on Draft Constitution to complete such consideration. After the completion of such consideration, the Committee thereof submitted the Draft Constitution to the National Legislative Assembly for consideration in second and third reading.

In addition to the will of His Majesty's Uncle and the common will of the Thai people which were the principle of the whole step of consideration, hearing to public and any group of person, opinion as well as researching the provision of the previous Constitutions and selecting the suitable provisions of those to compose in this Constitution was to be considered for the purpose of common will of the Thai people in upholding the independence and security of the Nation, preserving the religion to become everlasting, enthroning the King as Head of State and
in the hearts of the Thai people, adhering to the democratic regime of government with the King as Head of State as the means of administering the State affairs, upholding and protecting the right and liberties of the Thai people, and uniting to secure justice, prosperity and happiness for all Thai people.

Having carefully determined and revised the Draft Constitution in the light of the situation of the country, the National Legislative Assembly passed a resolution approving the presentation of the Draft Constitution of the King for His Royal Signature to promulgate it as the Constitution of the Kingdom of Thailand.
 
Having thoroughly examined the Draft Constitution, the King deemed it expedient to grant His Royal Assent in accordance with the resolution of the National Legislative Assembly.
 
Be it, therefore, commanded by the King that the Constitution of the Kingdom of Thailand be promulgated to replace, as from the date of its promulgation, the Constitution for the Administration of the Kingdom B.E. 2534 promulgated on 1st March B.E. 2534.

May the Thai people unite in protecting the Constitution of the Kingdom of Thailand in order to maintain the democratic regime of government and the sovereign power emanating from the Thai people, and to bring about happiness, prosperity and dignity to His Majesty's subjects in the province of the Kingdom according to the will of His Majesty in every respect.

CHAPTER I
General Provisions

Section 1. Thailand is a unified and indivisible Kingdom.
 
Section 2. Thailand adopts a democratic regime of
government with the King as Head of State.
 
Section 3. The sovereign power emanates from the Thai people. The King who is Head of State shall exercise such power through the National Assembly, the Council of Ministers and the Courts in accordance with the provisions of this Constitution.
 
Section 4. The Thai people, irrespective of their birth or religion, shall enjoy equal protection under this Constitution.
 
Section 5. The provision of any law, which is contrary to or inconsistent with this Constitution, shall be unenforceable.
 
CHAPTER II
The King
 
Section 6. The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action.
 
Section 7. The King is a Buddhist and Upholder of religions.
 
Section 8. The King holds the position of Head of the Thai Armed Forces.
 
Section 9. The King has the prerogative power to create titles and confer decorations.
 
Section 10. The King selects and appoints qualified persons, President of the Privy Council and not more than eighteen Privy Councillors to constitute the Privy Council. The Privy Council has a duty to advice the King on all matters pertaining to His functions as He may consult, and has other duties as provided in this Constitution.
 

Section 11. The selection and appointment as well as the removal of a Privy Councillor shall be at the King's pleasure. The President of the National Assembly shall countersign the Royal Command appointing or removing the President of the Privy Council. The President of the Privy Council shall countersign the Royal Command appointing or removing other Privy Councillors.
 
CHAPTER III
Rights and Liberties of the Thai People
 
Section 24. All persons shall enjoy rights and liberties subject to the provisions of the Constitution. Man and woman shall have equal rights. The restriction of rights and liberties which is contrary to the will of the provisions of the Constitution cannot be done.
 
Section 25. All persons are equal before the law and shall enjoy equal protection under the law.
 
Section 26. All persons shall enjoy political rights. The exercise of political rights shall be in accordance with the provisions of law.
 
Section 27. Every person shall enjoy full liberty to profess a religion, a religious sect or creed, and to exercise a form of worship in accordance with his belief; provided that it is not contrary to his civic duties and to public order or good morals.  In exercising the liberty referred to in paragraph one, every person is protected from any act of the State, which is derogatory to his rights or detrimental to his due benefits, on the grounds of professing a religion, a religious sect or creed, or of exercising a form of worship in accordance with his belief different from that of others.
 
Section 28. No person shall be inflicted with a criminal punishment unless he has committed an act which the law in force at the time of commission provides it to be an offence and imposes a punishment therefor, and the punishment to be inflicted on such person shall not be heavier than that provided by the law in force at the time of commission.
 
Section 29. In criminal case, it shall be presumed that an accused or an offender is innocent. Prior to the final decision indicating that such person
is guilty, such person cannot be treated as guilty person. Submission of bail by an accused or an offender in a criminal case shall be urgently considered and the bail cannot be set in excess of necessity. The refusal of bail must be in
accordance with principles provided in law and must be immediately informed to the accused or offender.
The right to appeal against the refusal of bail shall be protected as provided by law. Person detained or imprisoned shall have the right to receive reasonable visit.
 
CHAPTER IV
Duties of the Thai People
 
Section 49. Person shall have a duty to uphold the
Nation, religions, the King and the democratic regime of government with the King as the Head of State according to this Constitution.
 
Section 50. Every person shall have a duty to exercise his right of election in good faith.
 
Section 51. Person shall have a duty to defend the country.
 
Section 52. Person shall have a duty to serve in the armed forces as the law provided.
 
Section 53. Person shall have a duty to comply with the law.
 
Section 54. Person shall have a duty to pay taxes and duties as the law provided.
 
Section 55. Person shall have a duty to render
assistance to the official service as the law provided.
 
Section 56. Every person shall have a duty to receive education and training as the law provided.
 
Section 57. Person has the duty to protect and
maintain national arts and cultures.
 
Section 57. Every person shall have a duty to conserve natural resources and environment as the law provided.
 
CHAPTER V
Directive Principles of State Policies
 
Section 58. The provisions in this Chapter are to be
directive principles for legislating and determining State policies in the administration of the country, and shall not create the right to take legal action against the State.
 
Section 59. The State shall protect and maintain the
institution of kingship, the independence and integrity of its territories.
 
Section 60. The State shall arrange for the maintenance of the armed forces for safeguarding its independence, security of the State and national interest. The armed forces shall be employed in a battle or a war, for the protection of the institution of kingship and the democratic regime of government with the King as the Head of State, for suppressing or protecting a rebellion and a riot, for maintaining the security of the State and for national development.
 
Section 61. The State shall control and supervise the compliance with the law and order and shall maintain public order so that the people may be assured of the safety in their lives, persons and property as well as in their peaceful existence.
 
Section 62. The State should promote friendly relations with other countries and adopt the principle of reciprocity.
 
Section 63. The State should organize the systems of
official service and other State affairs for the achievement of efficiency, eliminate unnecessary process as well as clearly impose extent of discretion of a State official, and should take
all means to prevent and suppress discrimination and corruption.
 
Section 64. The State should organize the system of
judicial process to ensure justice to the people and to meet the requirement of expediency.
 
CHAPTER VI
The National Assembly
 
Part 1
General Provisions
 
Section 90. The National Assembly consists of the Senate and the House of Representatives. Joint or separate sitting of the National Assembly shall be in accordance with the provision of this Constitution.
 
Section 91. The Speaker of the House of Representatives is President of the National Assembly. The President of the Senate is Vice-President of the National Assembly. In the case where the Speaker of the House of Representatives is none or is absent or is unable to perform his duties, the President of the Senate shall act in his place. The President of the National Assembly shall have the powers and duties as prescribed in this Constitution and shall conduct the proceeding of the National Assembly at the joint sittings in accordance with regulations or rules of procedure. The Vice-President of the National Assembly shall have the powers and duties as prescribed in this Constitution and as entrusted by the President of the National Assembly.
 
Section 92. A bill may be enacted as law only by and with the advice and consent of the National Assembly.
 
Section 93. After a bill has been approved by the National Assembly, the Prime Minister shall present it to the King for signature within thirty days as from the date he receives such bill, and it shall come into force as an Act upon its publication in the Government Gazette.
 
Section 94. If the King refuses His assent to a bill and either returns it to the National Assembly or does not return it within ninety days, the National Assembly must re-deliberate such bill. If the National Assembly resolves to reaffirm the bill with the votes of not less than two-thirds of the total number of existing members of both Houses, the Prime Minister shall present such bill to the King for His signature once again. If the King does not sign and return the bill within thirty days, the Prime Minister shall cause the bill to be promulgated as an Act in the Government Gazette as if the King had signed it.
 
CHAPTER VII
The Council of Ministers
 
Section 163. The King appoints the Prime Minister
and not more than forty-eight other Ministers to constitute the Council of Ministers having the duty to carry out the administration of the State affairs. The Prime Minister shall be a member of the House of Representatives. The President of the  House of Representatives shall countersign the Royal Command appointing the Prime Minister.
 
Section 164. Before taking office, a Minister must make a solemn declaration before the King in the following words:
    "I, (name of the declarer), do solemnly declare that I will be loyal to the King and will honestly perform my duties in the interests of the country and of the people. I will also uphold and observe the Constitution of the Kingdom of Thailand in every respect".
Section 165. A Minister must have the qualifications and not being under any prohibition as follows:
    [1] being qualified for the candidate at an election
    under section 111 (1);
     
    [2] being not less than thirty years of age;
     
    [3] being disfranchised under section 113 (1), (2), (3), (4), (7), (8), (11) or (12);
     
    [4]  not  having  been discharged for a period of less than five years after  being  sentenced by a judgment to imprisonment for a term of two years or over except for an offence committed through negligence.
CHAPTER VIII
The Courts
 
Section 186. The trial and adjudication of cases are
the power of the Court, which must proceed in accordance with the law and in the name of the King.
 
Section 187. All Courts may be established only by Acts.
 
Section 188. A new Court for the trial and adjudication of any particular case or a case of any particular charge in place of an ordinary Court existing under the law and having jurisdiction over such case shall not be established.
 
Section 189. A law having an effect of changing or
amending the law on organization of courts or law on judicial procedure for the purpose of applying it to a particular case shall not be enacted.
 
Section 190. Judges are independent in the trial and
adjudication of cases in accordance with the law.
 
Section 191. Judges shall not be political officials.
 
Section 192. The King appoints and removes judges.
Before taking office for the first time, a judge is
required to make a solemn declaration before the  King with the words prescribed by the Judicial Commission under the law on judicial service.
 
Section 193. The appointment and removal from office of a judge of a Court of Justice  must be approved by the Judicial Commission under the law on judicial service before they are tendered to the King. The  promotion, increase of salaries and punishment of
judges of Court of Justice must be approved by the Judicial Commission under the law on judicial service.
 
Section 194. Military Courts have the power to try and adjudicate cases as provided by the law. The appointment and removal of a military judge shall be
in accordance with the law.
 
Section 195. Administrative court has the jurisdiction to consider the cases as the law provided.
 
Section 195. The King appoints and removes judges
in the administrative court. Before taking the office for the first time, an administrative court judge is required to make a solemn declaration before the King with the words prescribed by law.
 
Section 195. The appointment and removal from
office of a judge of an administrative court must be approved by the Administrative Judicial Commission as the law provided before they are tendered to the King. The promotion, increase of salaries and punishment of a judge of  an administrative court must be approved by the Administrative Judicial Commission as the law provided.
 
Section 195. [quater] The appointment and removal of a judge of other courts than the court of justice, administrative court and military court including the jurisdiction and rules of procedure of such court shall be in accordance with the law on creation of such court.
 
Section 195. [quin quics] In the case where there is a dispute on the jurisdiction between the Court of Justice and  other Court or between other Courts, the Constitutional Tribunal shall decide it.
CHAPTER IX
Local Administration

Section 196. The administration of local government
created as local administration organization shall  be in accordance with the principle of self-administration according to the will of the local people as the law may provide. Local  administration organization under paragraph one shall be independent in the determination of local administration policy and shall be independent in local taxation as the law provides. The control of the local administration organization shall be done only when necessary to protect the interest of local people or interest of the country as a whole.
 
Section 197. Any locality having the qualification to govern itself as the law provided shall have the right of self-government.

Section 198. Members of a local assembly shall be
basically elected. Members shall be appointed only in case of necessity in accordance with the provision of law, and whose number must be less than the number of elected members. The election of members of a local assembly shall be by direct suffrage and secret ballot. The candidate for local assembly must at least have the qualification under Section 111 (1) and (2) also. The  principles  and  methods of election under this Section shall be in accordance with the law on such matters.
 
Section 199. A local administrative committee or local administrator shall be basically elected.  A local administrative committee or local administrator shall be appointed only in case of necessity as provided by the law. The principles and methods of election under this Section shall be in accordance with the law on such matters.
 

CHAPTER X
The Constitutional Tribunal

Section 200. The Constitutional Tribunal is composed
of the President of  the  National  Assembly,  the  President of the Senate, the President of the Supreme Court, the Attorney General and six other persons appointed by the Senate and the House of Representatives, three persons each, from qualified
persons in law and political science. The President of the National Assembly shall be President of the Constitutional Tribunal. While the term of the House of Representatives has expired or the  House of Representatives is dissolved, the ex officio member of the Constitutional Tribunal under paragraph one shall be composed of the President of the Senate, the President of the Supreme Court and the Attorney General. In this case, the  President of the Senate is President of the Constitutional Tribunal.
 
Section 201. A  member  of the Constitutional Tribunal, appointed by the Senate and the House of Representatives, shall not be the senator, member of the House of Representatives, member of local assembly, local administrator, government official holding a permanent position or receiving a salary or local government official.
CHAPTER XI
Amendment of the Constitution

Section 211. An amendment of the Constitution may be made only under the rules and procedure as follows:
 
(1) a motion for amendment must be proposed either by the Council of Ministers or members of the House of Representatives of not less than one-third of  the total number of  existing  members  of the House of Representatives or members of  the Senate  and the House of Representatives or not less than one-third of the total number of existing members of both Houses. The members of the House of Representatives may propose or jointly propose such motion only in accordance with the resolution of the political party to which they belong;
 
(2) a motion for amendment must be proposed in the
form of a draft Constitutional Amendment and the National Assembly shall consider it in three readings;
 
(3) the voting in the first reading for acceptance in principle shall be by roll call and opening voting and the amendment must be approved by the votes of not less than two-thirds of the total number of existing members of both Houses;
 
(4) the voting in the second reading for consideration section by section shall be decided by simple majority of votes;
 
(5) at the conclusion of the second reading, there
shall be an intervening period of fifteen days  after which the National Assembly shall proceed with its third reading;
 
(6) the voting in the third and final reading shall be by roll call and opening voting and the  promulgation of its as the Constitution must be approved  by  the  votes  of  more than one-half of the total number of existing members of both
Houses;
 
(7) after the resolution has been passed in accordance with the above rules and procedure, the draft Constitutional Amendment shall be presented to the King and Section 93 and Section 94 shall apply mutatis mutandis.
 
CHAPTER XII
Drafting a New Constitution
 
Section 211. [bis] There shall be the Constitution Drafting Assembly charged with the duty of drafting a new Constitution according to this Chapter, consisting of members as follows :
 
(1) members whom the National Assembly elects from candidates in the election under Section 211 sexies for one member in each Changwat.
 
(2) members whom the National Assembly elects from experts or experienced persons in the number of twenty three members as follows:
    (a) experts in public law for eight persons.

    (b) experts in politics or public administration for eight persons.

    (c) persons having experiences in politics, the administration of State affairs or drafting of the Constitution according to the principle provided by the President of the National Assembly for such persons.

Section 211. [ter] A person having the right to be a candidate in an election of members of the Constitution Drafting Assembly under Section 211 [bis] (1) must have the following qualifications:
    (1) being of Thai nationality by birth;
     
    (2) being not less than thirty five years of age on the date of the election;
     
    (3) having graduated not lower than a Bachelor’s degree or its equivalents.
     
    (4) having his name appeared on the house register in Changwat in which he applies to be a candidate for an uninterrupted period of not less than one year on applying day or born in Changwat in which he applies to be a candidate;
Section 211. [quater] A person who is prohibited from exercising the right to be a candidate in an election of members of the Constitution Drafting Assembly under Section 211 [bis] (1) is a person with following prohibitions:
    (1) being prohibited from exercising the right to be a candidate in an election of members of the House of Representatives under Section 113 (1), (2), (3), (4), (5), (6), (7), (8) (10) and (12);
     
    (2) being a member of the Senate, the House of Representatives or political official;
     
    (3) being a government official holding a permanent position or receiving a salary;
     
    (4) being an official or employee of a State agency or State enterprise or local administration.
Section 211. [quinquies] A member of the Constitution Drafting Assembly under Section 211 [bis] (2) must have the qualifications provided in Section 211 [ter] (1), (2) and (3) and has no prohibitions provided in Section 211 [quater] (1) and (2).
 
Section 211. [sexies] An election of members of the Constitution Drafting Assembly according to Section 211 [bis] (1) shall be held within ninety days from the date on which there is a cause to draft the new Constitution according to this Chapter. Any person who wants to stand as a candidate in an election of members of the Constitution Drafting Assembly under Section 211 [bis] (1) shall submit an application,
together with the evidence to the Governor of Changwat in which he has domicile or was born, in forms and within the period prescribed in the Royal Decree which shall specify the applying day to be the same day for the whole Kingdom. After the Changwat Governor has examined the evidence of qualifications of the candidates and found it correct; in case there are not more than ten candidates, the Governor of that Changwat shall send the names of the candidates to the President of the National Assembly for further proceedings, but in case there are more than ten candidates, the Governor of such Changwat shall hold a meeting among the candidates to elect among themselves to have ten candidates left by secret ballot, and each candidate shall have the right to vote for not more than three candidates.  The Changwat Governor shall send the names of the candidates, together with the evidence of the first ten candidates who receive the highest number of votes, to the President of the National Assembly for further proceedings. In the case where there are candidates who receive equal number of votes that causes candidates to exceed the number of ten, the Changwat Governor shall hold a new election only among those who receive equal number of votes so that there are ten candidates who receive the highest number of votes. In this regard, the Changwat Governor shall complete such process and send the names of the candidates to the President of the National Assembly within five days from the closing date of the application. The President of the National Assembly shall prepare the namelist which he received from the Changwat Governor of every Changwat by separating it into the namelist of each Changwat, and the names of candidates of each Changwat shall be arranged by alphabetical order for further proceedings under Section 211 [octies].
 
Section 211. [septies] Each Council of University which presents degrees in subjects of laws, political science or public administration shall select the persons with qualifications to be members of the Constitution Drafting Assembly under Section 211 [bis] (2) for five persons in each category under Section 211 [bis] (2) (a), (b) and (c) and prepare namelist of such candidates in each category with details as prescribed by the President of the
National Assembly and send it to the President of the National Assembly within five days from the closing date for the application under Section 211 [sexies]. The President of The National Assembly shall prepare the namelist of persons nominated by various Councils of University by separating the namelist into each category and arranging the names in alphabetical order.
 
Section 211. [octies] After having prepared the namelist under Section 211 [sexies] paragraph six and received the names of persons under Section 211 [septies], the President of the National Assembly shall convoke a joint sitting of the National Assembly within ten days from the day of receipt of all namelists. Senators and members of the House of Representatives shall vote to elect one candidate for each Changwat from the namelist of the candidates of Changwat and elect persons from the namelist submitted by Councils of University for each category at the number as prescribed in Section 211 [bis] (2). Such voting shall be done by secret ballot. The candidate elected from each Changwat and experts or experienced persons who receive the highest number of votes respectively according to the number of candidates as prescribed in Section 211 [bis] shall become the persons elected to be members of the Constitution Drafting Assembly. In the case where there are candidates who receive equal number of votes in any order which causes the number of candidates receiving the highest number of votes to exceed the prescribed number, only those who receive equal number of votes shall be re-voted. If the number of votes are still equal, the President of the National Assembly shall draw lots to decide who shall be elected. In case there are any problem concerning the application and the election of members of the Constitution Drafting Assembly under this Chapter, the President of the National Assembly shall determine the principle and methods to decide such problem. The President of the National Assembly shall publish the name of persons elected to be members of Constitution Drafting Assembly in the Government Gazette.
 
Transitory Provisions

Section 212. As from the date of the promulgation of
this Constitution until the date of the election of members of the House of Representatives under Section 218, the National Legislative Assembly under the Constitution for the Administration of the Kingdom B.E. 2534 shall act as the National Assembly in accordance  with  this Constitution, but the members of the National Legislative Assembly shall not introduce a bill under Section 137, draft Constitution Amendment under Section 149 or submit motion for a general debate under Section 150 or
Section 151. The provision of Section  96  and Section 108 shall not apply to the holding  of office of the members of the National Legislative Assembly under paragraph one.
 
Section 213. Section 125, Section 126, Section 133,
Section 134 and Section 135 shall apply mutatis mutandis to members of the National Legislative Assembly under Section 212.
 
Section 214. The  Privy  Council  holding office before the promulgation of this Constitution shall be the Privy Council under this Constitution.
 
Section 215. The Council of Ministers administering the State affairs before the date of the promulgation of this Constitution shall be the Council of Ministers under this Constitution, and Section 162 and Section 163 shall not apply to the holding of office of the Ministers under this Section.
After  the  election of  members of the House of
Representatives under Section  218, the Council of Ministers referred to in paragraph one shall vacate office; provided that it shall remain in office and perform the duties until the new Council of Ministers takes office.
 
Section 183 and Section 191 shall not apply to the
officials holding the positions of political  officials before the date the new Council of Ministers takes office.
 
Section 216. Since the date of the promulgation of this Constitution, the provision of Section 7 of the Constitution for the Administration of the Kingdom  B.E. 2534 shall continue to be in force until the appointment of senators under Section 217, and the provision of Section 18, Section 19, Section 20,
Section 21,  Section  22  and  Section  23  of  the  Constitution for the Administration of the Kingdom B.E. 2534 shall also continue to be in force until the date the new Council of Ministers takes office.
 
Section 217. As for the initial stage, the King shall appoint a person possessing  qualification  under Section 94 paragraph one in the number as provided in Section 94 paragraph two to be senators on the date of the election under Section 218. The President of the National Peacekeeping Council shall countersign the Royal Command under paragraph one.
 
Membership of the Senate is four years and, during this time, Section 98 shall apply mutatis mutandis.
 
Section 218. The election of members of the House of
Representatives under the provision of this Constitution shall be carried out within one hundred and twenty days as from the date of the promulgation of this Constitution.
 
Section 219. [Repealed by Section 3 of the Constitution of the Kingdom of Thailand Amendment (No.3), B.E.2535 (1992)]

 

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