The disappearance of MH370 in 2014 is one of the greatest unsolved aviation mysteries. Adding to its intrigue is how its related documents are still classified under the Official Secrets Act (OSA) 1972.

The classification is hampering attempts by affected family members to get answers as they have been unable to access certain documents needed for their civil suits.

Today, four Malaysians and a Taiwanese national, who are MH370 passengers' next-of-kin, have filed a judicial review application, naming the transport minister, the director-general of the Department of Civil Aviation and the government as respondents.

The five, among whom are children, are seeking leave from the Kuala Lumpur High Court to have these documents and flight transcripts declassified.

The two children along with their grandparents are next of kin to passengers Tan Ah Meng, 46, his wife Cindy Chuang, 45, and their eldest son, Tan Wei Chew. They sent a letter to Transport Minister Anthony Loke last month to seek a declassification of the related documents.

In documents sighted by Malaysiakini, they are seeking the declassification of:

  • Recording and transcript of communication regarding the MH370 flight.
  • Letter of agreement to the search and rescue operation by Singapore, Thailand and Indonesia.
  • Internal memos.
  • MH370 search and rescue operational incident report and post-mortem.
  • Minutes of meeting with related agencies.

They are also seeking a mandamus order to compel the declassification of those documents, a declaration that the documents are not deemed classified as stipulated under Section 2A of the OSA.

In an affidavit in support of the application, Chuang Yin E, the Taiwanese guardian of two underage children, said they were denied the discovery of the documents which are material to the disappearance of the ill-fated flight.

"We had filed for a discovery and the declassification of the documents to the respondent but until the date of this application, there has been no reply," Chuang said.

There are also other pending applications in court by claimants with regard to the MH370 disappearance.