United Airlines (
The dispute arose in May 1999 between the US-based airline and a Hong Kong man, who is also a British overseas national.
Huang Liang-kai (
When he was checking in, staff at the airlines' counter in the airport in Mexico asked Huang to show his visa to Brazil. Huang told them he was a British overseas national and did not need a visa to enter Brazil.
The staff gave Huang two boarding passes, one to Chicago and the other to Sao Paulo. But just as Huang was about to get on board, airline staff stopped him and took back his boarding pass to Sao Paulo.
After he arrived at the airport in Chicago, Huang immediately complained to the airline and once again explained that as a holder of a British overseas national passport he did not need a visa to enter Brazil.
The explanation seemed to work and Huang was given another boarding pass to Sao Paulo. However, Huang said he was again refused to board and his boarding pass was taken.
Huang was then forced to cancel his holiday to Brazil and fly back to Taiwan the next day.
Feeling humiliated, Huang filed a claim for damages at the Taipei District Court, requesting that United Airlines pay over NT$3 million for both his emotional and financial losses.
He said he had tried hard to explain his nationality but the staff did not even check his passport before they rejected his claim as being a British overseas national.
He said he felt "discriminated" against by the staff as they had judged his identity simply on the basis of his color and birthplace.
United Airlines defended themselves by saying that before they took back Huang's boarding pass at Mexico airport, they had asked a Brazilian official about Huang's entry but were told: "All Hong Kong citizens need a visa, regardless of passport."
The airline argued it had tried its best to avoid the damage and said the Brazilian official was to blame for giving the incorrect information.
Both parties in this case are not Taiwan nationals but the Taipei District Court stated it had jurisdiction on the case under the Warsaw Convention, an international treaty which controls the legal rights of international travelers to be able to sue an airline for injuries that may have been suffered.
Moreover, the court said Taiwan law was applicable in the case, as the legal relationship resulting from the contract between the airline and the passenger did take place in Taiwan.
Despite the airline's defense that it had made inquiries, the court found the airline had created a misunderstanding by ignoring Huang's dual nationality.
The court found the airline had asked a Brazilian official whether a Hong Kong citizen needed a visa to the country, while ignoring the fact that Huang was a British overseas national.
The court said the airline could have checked the information clearly stated in Huang's passport.
Its failure to do so, the court said, was an indication that it did not fulfill its professional duty, which it agreed to in its contract with the passenger.
The court then awarded Huang a total of NT$44,347 in compensation for the flight, but threw out his other claims for punitive and emotional damages.
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
CHINA REACTS: The patrol and reconnaissance plane ‘transited the Taiwan Strait in international airspace,’ the 7th Fleet said, while Taipei said it saw nothing unusual The US 7th Fleet yesterday said that a US Navy P-8A Poseidon flew through the Taiwan Strait, a day after US and Chinese defense heads held their first talks since November 2022 in an effort to reduce regional tensions. The patrol and reconnaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release. “By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations.” In a separate statement, the Ministry of National Defense said that it monitored nearby waters and airspace as the aircraft
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source