Boys sue over father’s loss on missing Malaysia Airlines flight 370
Boys launch first lawsuit in Malaysia over the loss of their father on Flight MH370, accusing both the airline and government of negligence
Two Malaysian children sued Malaysia Airlines and the government yesterday over the loss of their father on Flight MH370, the first lawsuit filed in the country by relatives of those aboard the airliner that mysteriously disappeared eight months ago.
Jee Kinson, 13, and Jee Kinland, 11, accused the civil aviation department of negligence for failing to try to contact the plane within a reasonable time after it disappeared.
MH370 inexplicably disappeared on March 8 with 239 people - mostly Chinese nationals - aboard en route from Kuala Lumpur to Beijing in what remains one of history's great aviation mysteries.
Malaysia's government believes the flight diverted to the far southern Indian Ocean, citing sketchy satellite data, but no trace has been found despite an extensive search. Australian coordinators have said the current search phase could take another year, without the guarantee of success.
Neither the Malaysian government nor the airline have revealed results of investigations and consistently stress that only recovery of the lost Boeing 777 aircraft will provide full answers.
The suit filed at the Kuala Lumpur High Court alleges the airline was negligent and failed to take all due measures to ensure a safe flight. It also named the directors general of civil aviation and immigration, the country's air force chief and the government as respondents and alleged they committed gross neglect and breach of duty.
"We have waited for eight months. After speaking to various experts, we believe we have sufficient evidence for a strong case. A big plane missing in this age of technology is really unacceptable," their lawyer Arunan Selvaraj said.
The boys are seeking damages for mental distress, emotional pain and the loss of support following the disappearance of their father, Jee Jing Hang. He operated an internet business earning monthly income of nearly 17,000 ringgit (HK$40,000).
Steve Wang, a Chinese national whose mother was on the plane, said many Chinese families had retained lawyers but he did not think any had yet filed a lawsuit.
"We are examining the laws to figure out how to best bring our cases - for example, if we should file the suits in Malaysia. But without knowing where the plane is, evidence is lacking, and there are still possibilities that things may change," he said. "For now, it looks very difficult for us to bring a suit against the Malaysian government and its military."
Aviation lawyer Jeremy Joseph said the boys certainly had a case for the authorities to answer in court but it would not be easy.
"It's going to be quite challenging as the plane has not been recovered. Without knowing the cause of the incident, it's all very speculative," he said.
Joseph said Malaysian civil courts were not likely to give big payouts. In the case of the airline, he said the court could likely follow the compensation amount of US$175,000 set under the Montreal Convention. For the other respondents, he said it was an unprecedented case and would depend on the evidence and culpability of the parties.
