Expert demands clarity on MH370 search agreement

According to maritime law, anything discovered in international waters belongs to the finder. This situation is further complicated by China’s vested interest, as many of its citizens were on board, along with other countries like Australia.

FARAH SHAZWANI ALI
FARAH SHAZWANI ALI
24 Mar 2025 01:27pm

SHAH ALAM – The government must clarify two crucial aspects of the third MH370 search operation, the exact date the agreement will be signed and the specific terms agreed upon.

Aviation expert Datuk Captain Nik Ahmad Huzlan Nik Hussain questioned what would happen if the missing aircraft was discovered before the agreement was formalised, given the complex international interests tied to the case.

He also raised concerns about the USD$70 million payment to Ocean Infinity, particularly whether it covers all operational costs throughout the mission.

"The key issue is when the agreement will be signed, as we have known about this plan since last year. The only new information on Wednesday was that the government has accepted the terms proposed by UK-based Ocean Infinity and agreed to pay USD$70 million.

"But how will the payment work? Will they be compensated for providing images, locating debris, or something more? The definition of ‘found’ needs to be clear—does it mean photographs, videos, or retrieving an actual piece of the aircraft? Does it also include collecting wreckage and black box data?

"Ocean Infinity has remained silent without making any official statements. However, they are actively searching, frequently traveling to Perth, Australia, to refuel and change crews. This raises further questions about whether these expenses are included in the total cost," he told Sinar.

His comments come after the Cabinet approved Ocean Infinity’s proposed terms to resume the search for MH370 in the southern Indian Ocean.

On Wednesday, Transport Minister Anthony Loke confirmed that the ministry would represent the government in signing the official search agreement.

Huzlan also pointed out that Ocean Infinity had already begun searching in two locations despite not yet having an agreement with Malaysia.

He also raised concerns about whether Malaysian representatives from the Transport Ministry or relevant agencies were present on the search vessel now that the government has approved the operation as well as about the legal implications if the wreckage was found before the agreement was signed.

"According to maritime law, anything discovered in international waters belongs to the finder. This situation is further complicated by China’s vested interest, as many of its citizens were on board, along with other countries like Australia.

"US$70 million is a substantial amount. What factors were considered in agreeing to this sum? This is a valid concern because the same amount of funds could build multiple hospitals for Malaysians or be used for other essential needs," he said.

He added that transparency was crucial, as this was a matter of national interest. Given MH370’s profound significance to Malaysia, all aspects must be carefully considered.

On March 8, 2014, Malaysia Airlines Flight MH370, carrying 227 passengers and 12 crew members, vanished en route from Kuala Lumpur to Beijing.

Despite extensive search operations, the aircraft’s main wreckage has never been found.

Malaysia remains committed to uncovering answers and solving one of the greatest aviation mysteries in history.

Following the Cabinet’s decision on Dec 13, last year, the government has accepted Ocean Infinity’s proposal to resume the search in a newly identified 15,000-square-kilometre area in the southern Indian Ocean.

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