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A Hong Kong resident had a nightmarish experience in an American prison for three days and was forbidden to enter the United States for five years, for not knowing about a change in US immigration policy.
Ko Shu-To, the angry Hong Kong native, filed a lawsuit against China Eastern Airlines, from which he purchased an air ticket, for misinforming him of key rules, violating his personal rights and confiscating his property, said judges of Pudong New Area People's Court yesterday.
The court heard the case on Monday and will announce a verdict today.
Ko is seeking 170,000 yuan (US$20,482) in compensation and a public apology in a national newspaper.
The 34-year-old businessman left Shanghai on August 4 for Mexico via Los Angeles.
At Pudong International Airport, he showed his airplane tickets as well as a valid Mexican visa.
He was told by representatives at China Eastern Airlines that the United States had just changed its policy on travelers entering the country.
The new policy says travelers from any country are banned from changing flight without US visa starting on August 2.
Yu Ping, the airline staffer who received Ko, said he could stop in America without a visa during a transitional period lasting until August 5. However, the staffer also warned him that he would surely have trouble coming home via the US once the transitional period ended.
Ko still decided to go because, he figured, with an invitation letter from a US company, which he had, he could easily obtain a US visa from Mexico. He signed an agreement with the airline promising to shoulder all responsibility should anything unfortunate occur with regard to his visa issues.
When he arrived in America on August 4, Ko was shocked when officials said he had entered the country illegally.
China Eastern was fined US$5,000 by the US Immigration Bureau for permitting Ko to fly aboard the US-bound plane.
Ko then spent three days and two nights in prison and was prohibited from entering the country for five years after being interrogated and having his fingerprints recorded.
"I spent a terrible time in prison. I couldn't sleep because there was no bed and I had to run back and forth to keep warm due to the low temperature," Ko complained.
Ko said he has suffered a huge economic loss since his business trip was canceled and his reputation has been harmed as clients have heard about what happened and have become suspicious.
He said he feels the airline is to blame because it failed to inform him of basic immigration restrictions.
China Eastern Airlines argued that Ko suffered because of his own carelessness. As a well traveled businessman, it was his responsibility to know of the latest rules, which were well publicized through the media, the airline said.
According to China's Civil Aviation Law, airlines should compensate travelers whose property is harmed during their journey.
The airline pointed out that the rule says nothing about misinforming passengers.
(Shanghai Daily March 3, 2004)
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