[meteorite-list] Ownership of Meteorite Found in China Remains Controversial (Silver Camel meteorite)

From: Ron Baalke <baalke_at_meteoritecentral.com>
Date: Tue, 5 Feb 2013 12:15:23 -0800 (PST)
Message-ID: <201302052015.r15KFNR4021950_at_zagami.jpl.nasa.gov>

http://gbtimes.com/news/ownership-meteorite-remains-controversial

Ownership of meteorite remains controversial
China Daily
February 5, 2013

The world's fourth largest iron meteorite was found in Aletai(Altay)
Prefecture, Xinjiang Uygur Autonomous Region, in July of 2011. The
local government took it away under the excuse of "protection."

One year and a half later, the discoverers of the meteorite --Hailati
Ayisa and Jiaerheng Habudehai, two guides of Kazak nationality --
decided to sue the government. Once filed, it could be the first case
about ownership of articles from the space, the Southern Weekly reported.
The contractors of the pasture, where the meteorite was found, also
claimed its ownership, further complicating things.

All three parties claimed to have been the first discoverers
of the iron meteorite. It won't be easy for the judicial authorities to
issue a correct verdict as China's civil law doesn't follow the "first
possession" theory of property which states that ownership of something
is warranted by someone claiming it before anyone else does so.

Hailati stems from Aletai's Qinghe County, the place where China's largest
iron meteorite "Silver Camel" was found. He was keen on the topic of meteorites
and had become friends with sheep dealer Jiaerheng while conducting business.

In April 2011, Hailati received a call from another meteorite fan. The man
told Hailati they were searching for a meteorite on an alpage in Aletai,
and hoped he would be willing to join the search.

A team of nine meteorite afficionados then set out to find the rumored item
from space. Zhang Baolin, a meteorite expert from the Beijing Planetarium, and
meteorite collector Lei Kesi were among them. The search, however, proved to
be without success. Before the nine men parted ways, they made a verbal
agreement with Hailati and Jiaerheng to have them continue the search.

"Zhang Baolin said we were likely to receive a grand reward if we found it and
informed the government," Hailati said. Living a run of the mill life, both
Hailati and Jiaerheng considered the search to be a possibly fate-changing
opportunity.

June 17 of 2011, turned out to be the day they found the meteorite. "It was
a gift from the Lord, I thought our lives would be different," Jiaerheng
told the Southern Weekly.

They immediately informed the remaining seven meteorite fans, but didn't
receive any response. However, they did hear from the Beijing Planetarium a
few days later that the man they informed had reported the discovery to the
Chinese Academy of Sciences as its "first discoverer".

Experts from the Beijing Planetarium tried to ease their minds by saying "we
know you two found it," and issued them a certificate shortly after.

On July 16 of 2011, the meteorite was officially confirmed as the world's
fourth largest iron meteorite and was found to be a part of the same
meteoroid as the "Silver Camel."

However, the local government removed the iron meteorite from the pasture as
soon as possible, stating they just wanted to ensure better protection for the
meteorite.

It also denied Hailati and Jiaerheng were the first discoverers of the iron
meteorite, saying the then Party Secretary of Aletai Sun Jianguo had already
spotted it back in 2004. But there was no proof to this claim. According to Zhang
Min, lawyer for Hailati and Jiaerheng, there was no legal basis for any
government to require, seize, or maintain meteorites.

As for their reward, the local government only agreed to give Hailati and
Jiaerheng 5,000 yuan (US$802) each because of "their touching behavior."
Nevertheless, both men deemed the reward insufficient and objected to the offer.

Meteorite collector Lei Kesi argued that "both the Beijing Planetarium and I had
paid Hailati and Jiaerheng for their help." He thought they had been employed
to help with the search, so they should not claim ownership. Hailati and
Jiaerheng denied this particular relationship, but admitted having received
a small sum from the Beijing Planetarium during their last search.

Yet then, out of the blue, pasture contractors Juman and Kenjiebieke Remazan
now argued they in fact had discovered the iron meteorite as early as
1986 and so claimed its ownership as well.

According to China's land contracting system, contractors of pasture can only
gain the rights and interests from the pasture itself, and as meteorites are not
generated by the pasture, the Remazan brothers should not hold the meteorite, said
Meng Qinguo, a law professor from Wuhan University.

In fact, some scientists had already proposed to legalize government's ownership of
meteorites eight years ago but this project had somehow been paralyzed. Meteorite
fan Liu Xin told the papers that it required plenty of time and money in order to
find a meteorite,

"The discoverers will get hurt if their hard-to-find meteorites are simply taken
away by the government."

On the international market, the price for iron meteorite stands around US$40
per gram. Liu Xin and Lei Kesi thus argued that once meteorites were nationalized,
smuggling would be stimulated and it would be harder for research institutes
to obtain the rocks.

"I hope the laws can encourage individuals to find more meteorites, and benefit
both the country and discoverer," said Liu Xin.
Received on Tue 05 Feb 2013 03:15:23 PM PST