Air carriers under Chinese law can deny
transportation to passengers when there health
conditions pose a threat to the crew and or
passengers. On Friday a Shenyang court allowed
the lawsuit to move forward in the court,
signaling to airlines that this policy may no
longer be acceptable.
Liu Wei, the attorney for the three men said the
air carrier did not have the right to reject the
passengers as there were present signs that the
men’s on board would infect anyone else.
In July, three men had purchased tickets to
travel from Sheyang in the northeast to
Shijiazhuang, south of Beijing. Two of the men
had been tested positive for HIV. When the three
men approached the ticket counter, the two men
informed the ticket agent that they had been
tested positive for HIV.
The ticket agent notified her superiors, she was
then informed not to allow the men to board the
aircraft as the carrier did not transport HIV
positive passengers. Their tickets were
cancelled by the airline.
Wang Zhenghua, president of Spring Airlines said
the company does not discriminate against people
living with HIV. Zhenghua blamed “staff anxiety”
for the refusal to allow the men to board, and
said HIV positive people should not make
themselves “overly noticeable” to other
passengers. Since the lawsuit the carrier has
not turned away any HIV-positive passengers.