Lawsuits against Malaysia Airlines over missing flight MH370 begin hearings in Chinese court
Amidst legal uncertainty, a heart-wrenching story unfolds as Jiang Hui relentlessly searches for answers to the mysterious disappearance of his mother aboard Malaysia Airlines flight MH370, a quest that has spanned nearly a decade
Join CNN's Meanwhile in China newsletter to learn about the country's growth and its global impact. Jiang Hui has been searching for answers for almost a decade after his mother's plane disappeared on her way back from vacation in Malaysia.
Jiang's mother, Jiang Cuiyun, was among the 239 individuals aboard Malaysia Airlines Flight 370 when it strayed from its intended route from Kuala Lumpur to Beijing and vanished over the Indian Ocean on March 8, 2014.
To this day, the destiny of MH370 continues to be one of the most perplexing aviation enigmas in history, and Jiang has not wavered in his determination to uncover the truth behind the disappearance.
The families of MH370 passengers will commence the process of seeking compensation from a Chinese court on Monday. The families argue that the tragedy not only resulted in the loss of their loved ones, but also caused some of them to face financial hardship.
Jiang, 50, stated in an interview with CNN that despite almost a decade passing since the incident, the family members who rejected settlement offers have not received any apology or financial compensation. This comes after more than seven years since the lawsuits were first filed, with the hearings taking place at the Chaoyang District Peoples Court in Beijing.
"I'm feeling incredibly conflicted at the moment. On one hand, there's a sense of relief, but on the other hand, I feel a profound sense of helplessness."
Jiang has filed a lawsuit against Malaysia Airlines, its insurer, Boeing, and the manufacturer of the plane's engine. He believes that these companies should be held accountable under Chinese law for the damages incurred during transportation. His requests include compensation, a formal apology, the reinstatement of psychological support for family members, and the establishment of a fund to continue the search for the plane.
Around 40 Chinese families are suing these companies in court, each with their own appeals that are mostly similar. The hearings are anticipated to continue until December 5, according to Jiang. He also mentioned that his own case will be presented on Friday. Out of the over 200 individuals on the flight, 153 were Chinese citizens.
Jiang expressed the devastating impact of the absence of legal recourse on our lives in the past ten years, making our suffering even more difficult to bear. Boeing also conveyed their continued sympathy for the passengers of MH370 and their families during the court hearings in a statement to CNN.
CNN has also reached out to Malaysia Airlines, Allianz and Rolls-Royce for comment.
On August 3, 2018, Jiang Hui, whose mother was a passenger on the missing Malaysia Airlines flight MH370, addressed the media following a meeting with Malaysian officials in Beijing.
Legal uncertainty
The extent of enforcement power that the Chinese court can exert over the defendants is unclear if it rules in favor of Jiang and the other plaintiffs. All of them are international companies with headquarters outside of China, although Malaysia Airlines, Boeing, and Rolls-Royce have offices in China.
Lawsuits filed in the United States by the families of victims have been dismissed, with the reasoning that these cases fall under the jurisdiction of the Malaysian legal system.
In 2014, two young boys who lost their father in the flight MH370 tragedy filed a lawsuit against Malaysia Airlines for breach of contract and the Malaysian government for negligence. The case was resolved out of court the following year in Malaysia.
Chinese families who signed a settlement agreement with Malaysian Airlines were compensated with 2.5 million yuan ($350,000). While only a small number initially signed, more have chosen to settle in the years since. As of March 2021, approximately 90 families still had not settled, but that number decreased by half due to the Covid-19 pandemic, according to Jiang.
Currently, only around 40 families have yet to reach a settlement, per Jiang. These families have declined to sign the agreement because they believe it absolves the airline and the Malaysian government of all responsibility.
The Chinese economy has been significantly impacted by three years of Covid lockdowns and strict control measures, resulting in many families facing financial hardship.
"During our extensive search for the truth, numerous families found themselves struggling to survive or even in a survival situation. Settling down became their last option to ensure their survival," Jiang stated. "But whether we have settled or not, our end goal remains unchanged - to locate the plane and our loved ones."
In 2018, a report from Malaysian authorities stated that the investigation team was "unable to ascertain the true cause of the disappearance of MH370." The report found that human interference or error were more likely the cause of the plane's disappearance rather than a malfunction of the aircraft or its systems.
Various theories and speculations arose due to the lack of conclusive evidence regarding the fate of the flight. Jiang mentioned that some family members still hold on to the belief that their loved ones are still alive. He shared that he is open-minded and willing to accept any outcome as long as there is evidence to support it.
Despite the jetliner never being located, fragments of possible debris have been discovered on islands in the southern Indian Ocean and the coasts of Africa, indicating that the plane may have disintegrated.
Years-long quest
Jiangs persistence was driven by a key motivation - the urge to do something for his mother, who enjoyed traveling in her retirement.
"I am at the age where I should be honoring my mother by taking care of her, but I no longer have that opportunity. Therefore, the only way for me to show my filial piety is by finding her," he explained.
Prior to the MH370 tragedy, Jiang was a driven manager at the Beijing office of a state-owned communications company. However, one year after the disappearance of the flight, he resigned from the company and has since dedicated his time and efforts to searching for the plane.
He has traveled to Australia to meet with search teams and has also explored the remote shores of Mauritius, Madagascar, and Réunion - a French island in the Indian Ocean - in search of debris from the Boeing jetliners. In Beijing, he has regularly met with other family members of flight victims to discuss the next steps in demanding answers and justice for the disappearance of their loved ones.
"I used to be completely absorbed in my work, but now I have a true understanding of the meaning of life and its most valuable aspects," he said.
"If I can make any headway in the search for MH370, or if I can give my all until the end, I would feel immensely fulfilled and happy - a happiness that is incomparable to earning a higher salary."
