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Forced off an overbooked flight in Hong Kong? Settle it yourself with airline as city has no laws on this

Consumer Council says Hong Kong falls behind US and EU regarding legislation to protect passengers, but most cases are resolved on-site or after complaints

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Overbooking cases in Hong Kong are usually resolved at check-in counters. Photo: K. Y. Cheng

Hong Kong has no laws to protect airline passengers from being bumped off an overbooked flight, but the head of the city’s consumer watchdog is cautious about pushing for legislation on the matter.

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Gilly Wong Fung-han, chief executive of the Consumer Council, said setting up legislation on protection or compensation for passengers in such cases was complicated.

The process would require collaboration between different markets and across jurisdictions, she said, adding that passengers in Hong Kong currently negotiate on a case-by-case basis with the airlines involved.

Consumer Council chief executive Gilly Wong. Photo: Jonathan Wong
Consumer Council chief executive Gilly Wong. Photo: Jonathan Wong

In comparison, there are existing laws in the United States and the European Union determining how much compensation airlines must pay passengers. No such law for the industry exists in Asia.

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Wong said that when considering legislation in Hong Kong, factors such as the severity of the situation, aviation traffic and likelihood of such incidents at the time, as well as inter-market collaboration should be assessed.

Overbooked flights became a hot issue after an Asian-American doctor was violently dragged off a United Airlines flight in April to make room for its staff. The airline later apologised, and pledged to offer US$10,000 to passengers for giving up their seats in such cases.
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