percysmith

LondonElite

OP is not going to jail for this

christep

Yes, although the Singapore cases are slightly different in that the people in question just went airside for various purposes and then re-entered Singapore. The OP did take a flight out. It could be argued that his non-refundable ticket covered both the flight and the lounge access and that he wished to use as much of its value as possible in the changed circumstances. Of course if the CX flight was many hours before the alternative one then staying in the lounge after the CX flight had left could be regarded as theft of services I suppose.

sxc

Is there a similar “misuse of boarding pass” law in Hong Kong?

It’s easier for singaporeans to abuse boarding passes due to mixed arrivals and departures (except T4).

QRC3288

I'm not sure what the term "misuse of boarding pass" implies, but I *think* CX has actually done something against a MPC member before for doing something similar. It was more akin to theft by proving lack of intention to fly. Or maybe that's the same thing as what you're saying about the BP.

My memory could be fading with CX (I'm quite certain about Lufthansa suing a guy and winning for this behavior), but I seem to recall one of the stories I was told by Steve Rackshaw years ago was someone abusing the CX lounges in the manner described by the OP, and they confiscated a large amount of Asia Miles, and kicked him out of MPC. Rackshaw thought they had a straightforward case in court because the fellow had done it a bunch of times and never flown, and presumably ate and drank all day in the lounge. I cannot remember if they sued him or not. It sounded like it was fairly obvious the guy had no intention of flying due to a partern of identical behavior many times.

Realistically if you do it once I can't see anything happening to you. Hell I've cancelled a flight last minute on more than a few occasions.

LondonElite

This case is completely different. In fact, OP could successfully argue, if challenged, that up until the minute he had to commit to one flight or the other, important reasons meant he was equally likely to take one flight as the other. There is no 'law' against being checked in to two different flights leaving from the same airport/terminal.

christep

I agree - this case is different - the OP has paid for the ticket (which, indirectly, includes use of the lounge) and isn't intending to refund it. The previous MPC case which @QRC3288 referred to involved, as I recall, fully refundable tickets, which the person did then refund after using the lounge benefit part. To me that's theft.

sxc

My question was just a general question, not specific to the OP’s scenario.

ermen

There is no "misuse of boarding pass" law in Singapore per se. If I understand the Singapore cases properly, where they got caught out was that they went "airside" (which is a Restricted Area) and their actions did not commensurate with what was a lawful purpose to go airside (having a BP not withstanding). AFAIK know, they were arrested but I am unsure if they were charged in court (probably let off with a stern warning...).

FWIW. I did a quick check and HKIA does have similar legislation.

So if you went airside with a BP say just to visit a lounge, then decided to go back out landside, you would be in breach of the regulations because you were not a bona-fide passenger (and you obviously do not have a permit or being escorted by someone with a permit). After reading the Singapore cases did make me think twice about signing up for HKIA lounge crawls and trying to go back outside.

In OP's case he is not in breach of any legislation because he is a bona-fide passenger with valid boarding pass + travel documents AND took a flight out. The lounge access would be a purely commercial matter for CX to pursue


https://www.elegislation.gov.hk/hk/cap494A

Part II
4.
Prohibition of entry, etc., of restricted area without permit
Subject to this Regulation, no person shall enter or remain in a restricted area unless he has on his person a valid permit issued to him in respect of that restricted area or is being escorted by a permit holder who is authorized by the issuing authority to escort persons into such area.
5.
Exemption for bona fide passengers and air-crews
(1)
Subject to this section, the provisions of section 4 shall not apply to
—
(a)
any bona fide air-crew member or bona fide air passenger who is in the course of passage through any immigration control or aircraft boarding area or an area set aside for the purposes of the Customs and Excise Service, which is within a restricted area
—
(i)
having disembarked from an aircraft; or
(ii)
for the purpose of embarking upon an aircraft of which he is an air-crew member or air passenger;
(b)
any bona fide air passenger awaiting an onward flight in any area reserved for transit or transfer passengers which is within a restricted area.
(2)
No person shall be exempt from the provisions of section 4 by virtue of subsection (1) unless
—
(a)
being an air-crew member other than a military air-crew member of a military aircraft, he is in possession of a valid air-crew identity card issued by his employer or a valid air-crew member certificate issued in accordance with the appropriate international conventions;
(b)
being a military air-crew member of a military aircraft, he is in possession of a valid military identification document;
(c)
being a departing passenger or a transit or transfer passenger, he is in possession of a valid travel document and a valid aircraft boarding pass; or
(d)
being an arriving passenger, he is in possession of a valid travel document.

christep

That's a thing? I mean do people really organise groups of people to go on lounge crawls at HKIA with no intention of flying anywhere?

ermen

ahah no.. most people go somewhere. but for me, being based in HKG does not make sense for me to go somewhere...

https://www.australianfrequentflyer....ne-2018.83886/

garykung

FWIW - OP could be in violation with either CX or OW policies, OP would not be in violation of any Hong Kong Ordinance as OP has a legitimate purpose in the restricted area of HKG, i.e. leaving Hong Kong via HKG.

s0ssos

I think you misunderstand.
Monkey Airlines has a codeshare with CX because CX doesn't fly to Atlantis. However, they are not a OW partner, because Mr. Monkey went Bananas over American's decision to not grant access for a direct flight from Monkeyville to Washington DC. So after throwing a fit, the video went viral, and KE reached out, stating they seem to have similar corporate culture, and would they like to be partners. So Monkey Airlines is actually part of ST.
I don't think CX would have issues if you tell them you aren't flying. But who knows if they don't have any monkeys working for them, secretly, and will go bananas?

cxfan1960

I deleted several posts that went off-topic.

cxfan1960
CX CoMod

TravelwhileyouEat

In the end the OP did have a non-refundable CX ticket, so checking-in to the flight to use the lounge wasn't entirely non-profit for CX, i.e. I don't think CX had any commercial losses per se. A stand-by passenger should have been at the gate area anyway and when the OP no-showed at the cut-off time, they would have been let on the plane (assuming that the flight was 100% booked which is not always the case and there could have been multiple empty seats on the flight).

I've had this happen to me once, I was sitting in the lounge and twiddling my thumbs waiting for my flight when the office secretary called me to say that the meeting I was to attend has been cancelled and I didn't need to travel anymore (it was a same day return trip, out in the morning back in the late evening and I dreadfully hate those). I went to the lounge agent and explained the situation, she assisted in cancelling the ticket and getting me back landside with no issues. I really think this all depends on just having common courtesy of using facilities (such as lounges and airports) for their intended use. Just because airlines have policies which cause them to act as jokes, doesn't mean I have to be one to get back at them.