KUALA LUMPUR: The missing Malaysia Airlines (MAS) Flight MH370 was
today officially declared an accident under international aviation
rules, and that all 239 passengers and crew aboard are presumed to have lost their lives.
In making the announcement, the Malaysian government stressed that the search for the Boeing 777 remains a priority.
The
government is committed to continuing all reasonable efforts to bring
closure to this unfortunate tragedy, with the continuing cooperation and
assistance of the governments of China and Australia, said Department
of Civil Aviation director-general Datuk Azharuddin Abdul Rahman.
Appearing in a televised broadcast over the RTM1 television channel, he said:
“It’s
with the heaviest heart and deepest sorrow that, on behalf of the
Government of Malaysia, we officially declare Malaysia Airlines Flight
MH370 an accident … and that all 239 of the passengers and crew on board
MH370 are presumed to have lost their lives.”
“We have
endeavoured and pursued every credible lead and reviewed all available
data. Despite all these efforts over the last 327 days (as of
yesterday), the search unfortunately has yet to yield the location of
the missing aircraft,” he said.
Azharuddin said the Malaysian
government acknowledged that the declaration of the MH370 accident would
be very difficult for the families and loved ones of the 227 passengers
and 12 crew aboard to consider, much less accept.
Thirteen
nations, he noted, had also lost sons and daughters to this tragedy but
it was nonetheless important that families tried to resume normal lives,
or as normal a life as may be possible after this sudden loss.
“Without
in any way intending to diminish the feelings of the families, it is
hoped that this declaration will enable the families to obtain the
assistance they need, in particular through the compensation process,”
Azharuddin said.
The Malaysian plane vanished on March 8, 2014, en route to Beijing from Kuala Lumpur International Airport in Sepang.
Azharuddin
told the nation and international viewers that the declaration that
MH370 was an accident was made in accordance with the Standards of
Annexes 12 and 13 to the Convention on International Civil Aviation
(commonly referred to as the ‘Chicago Convention’).
The DCA chief
said Chapter 1 of Annex 13 to the convention states that the definition
of the term “accident” includes “the aircraft is missing”.
It also
states that “an aircraft is considered to be missing when the official
search has been terminated and the wreckage has not been located”.
Annex 12 to the convention further states that the term “search” refers to an operation to locate persons in distress.
Azharuddin
said the search and rescue phase was carried out from the day the
aircraft disappeared up to 28 April 2014 where the search area covered
the South China Sea, the Straits of Melaka, the Andaman Sea and the
southern Indian Ocean.
He pointed out that the underwater search
was still ongoing at this time and the exercise was currently being
performed by four vessels, namely the Go Phoenix, Fugro Discovery, Fugro
Equator and Fugro Supporter. The search has covered over 18,600 square
kilometres as of yesterday.
Azharuddin said that based on the
analysis of all available evidence and the supporting factual
information, this data supported the conclusion that MH370 ended its
flight in the southern Indian Ocean.
Based on the same data, he
said, it was concluded that the aircraft exhausted its fuel over a
defined area of the southern Indian Ocean, and that it was on the sea
floor close to that defined area.
“This is a remote location, far
from any possible landing sites. It is also an area with adverse sea
conditions with known depths of more than 6,000 metres.
“After 327
days (as of 28 January 2015) and based on all available data as well as
circumstances mentioned earlier, survivability in the defined area is
highly unlikely,” he said, before declaring that Flight MH370 was an
accident.
In offering deepest sympathy to all those affected by
what he described as a terrible accident, Azharuddin said it had been a
frustrating time for all who had tried their best in the search for
MH370.
“We have never wavered in our commitment to continue our
efforts to find MH370 and bring closure for everyone, most of all for
the families of the passengers and crew of MH370,” the DCA
director-general said.
Underscoring that the declaration was by no
means the end, Azharuddin said: “We will forge ahead with the
cooperation and assistance of the governments of China and Australia.
“MH370, its passengers and its crew will always be remembered and honoured.”
The
DCA official said the Malaysian government assured that Malaysia
Airlines would undertake its responsibilities in relation to the
legitimate rights and interests of the next-of-kin as provided under the
relevant international instruments and relevant domestic laws, with due
consideration to international practice.
“This includes the
fulfilment of the compensation process, whether it is pursued through
consultation or through litigation.” -Bernama
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