Does a primary school student bear responsibility for damaging a 1810 ancient cannon while climbing at Edinburgh Castle? Lawyer interprets cross-border legal accountability.
Recently, a video of Chinese elementary school students climbing onto a 1810 cannon at Edinburgh Castle in the UK and making loud noise has spread widely online, sparking heated discussion among netizens both at home and abroad. In the video, several students climbed onto the ancient cannon and posed for photos from various angles, drawing sidelong glances from surrounding tourists, while the teacher in charge failed to stop them in a timely manner. Edinburgh Castle is one of Scotland's most iconic historical structures, and the cannon in question is over 200 years old, constituting a precious cultural relic protected by law. As the incident gained traction, many netizens criticized the parents and teachers for inadequate supervision, while others expressed concern about the overseas image of Chinese tourists. Setting aside emotional discussions, from a legal perspective, this incident actually touches on multiple professional issues, including legal liability for cultural relic protection, cross-border tort claims, and vicarious liability of guardians, serving as a practical warning for Chinese families planning overseas travel.
What legal risks are associated with climbing cultural relics? Both Chinese and British law explicitly prohibit this.
In the UK, the legal framework for heritage protection is highly rigorous. Under the Ancient Monuments and Archaeological Areas Act 1979 and, in Scotland, the Historic Environment Scotland Act 2014, any person who damages a protected historic building, monument, or artifact may face criminal charges. Edinburgh Castle, as a royal castle directly managed by Historic Environment Scotland, has all its exhibits and architectural components afforded the highest level of protection. Even if climbing on the ancient cannons causes no physical damage, it may still be deemed "misconduct," resulting in consequences ranging from a warning and removal to fines or even a ban on entry.
Returning to the framework of Chinese law, Article 64 of China's Cultural Relics Protection Law clearly stipulates that whoever intentionally or negligently damages precious cultural relics under state protection shall bear civil liability in accordance with the law; if the act constitutes a violation of public security administration, the public security organ shall impose a public security administrative penalty in accordance with the law; if the act constitutes a crime, criminal liability shall be pursued in accordance with the law. Although this law primarily applies to cultural relics within Chinese territory, if a Chinese citizen damages cultural relics of another country overseas and then returns to China, should the injured party seek recovery through judicial assistance channels, Chinese courts may also assist in enforcing the judgment, provided that relevant international treaties or the principle of reciprocity are satisfied.
From the perspective of legal practice, the most direct legal consequence of climbing cultural relics is not criminal prosecution, but civil tort compensation. If an ancient cannon develops scratches, loosening, or detached parts due to climbing, the restoration costs could amount to thousands or even tens of thousands of pounds. In 2019, a tourist who carved graffiti on the Colosseum in Rome, Italy, was ordered to pay approximately 20,000 euros in restoration fees and fines. Similar precedents are not uncommon in Europe.
If a minor commits a tort, is the guardian obligated to bear compensation liability?
The protagonists in this incident are elementary school students, who are persons with limited civil capacity or persons without civil capacity in the legal sense. Under English law, guardians (parents or accompanying teachers) bear vicarious liability for the tortious acts of minors. Pursuant to the English Guardianship of Minors Act and relevant case precedents, if a minor causes damage to another's property, the guardian is liable for full compensation unless it can be proven that reasonable supervisory duties have been fulfilled.
Article 1188 of China's Civil Code also stipulates: "Where a person without capacity for civil conduct or a person with limited capacity for civil conduct causes harm to others, the guardian shall bear tort liability. If the guardian has fulfilled the duties of guardianship, his/her tort liability may be mitigated." This means that if the management of Edinburgh Castle initiates a lawsuit, the parents of the Chinese primary school students, as legal guardians, may face cross-border litigation and compensation. It is worth noting that if the accompanying school or travel agency fails to fulfill its duty of safety notification and supervision, it may also bear corresponding supplementary liability in accordance with Article 81 of the Tourism Law.
In practice, the handling of similar cross-border tort cases involving minors is often resolved through insurance mechanisms. Many outbound travel agencies have already purchased travel agency liability insurance, but this type of coverage typically only compensates for damages caused by the agency's negligence, offering limited coverage for damage to cultural relics resulting from tourists' own conduct. Therefore, it is especially important for parents to purchase travel insurance that includes personal liability clauses when traveling abroad with their children.
Cultural differences are not a free pass; legal compliance for outbound travel needs to be addressed upfront.
Some netizens argue that children climbing on ancient cannons is merely "naughty behavior," and that foreign tourists occasionally engage in similar conduct. Such a defense of "others do it too" does not constitute a valid legal defense. The legal definition of cultural relic protection is not altered by the nationality or age of the perpetrator, nor does the illegal conduct of others exempt one from one's own liability.
From the perspective of cross-cultural legal risks, Chinese families traveling abroad often run into trouble due to unfamiliarity with local laws and customs. For example, in Italy, eating ice cream near historical buildings may result in a fine; in the UAE, making loud noises in public may violate public order regulations. Lawyers suggest that before overseas trips, travel agencies or schools should organize pre-departure legal briefings, focusing on cultural heritage protection rules, public conduct standards, and the consequences of violations in the destination country. Parents should also proactively consult the "Guidelines for Civilized Behavior of Chinese Citizens Traveling Abroad" published on the website of the Chinese Consular Service and summaries of the destination country's laws.
Guangdong Zhiming Law Firm has handled multiple overseas dispute cases involving Chinese citizens, and we have found that the vast majority of cross-border legal issues stem from information asymmetry and a mindset of taking chances. The law does not exempt liability on the grounds of "not knowing," and cultural differences are by no means a ground for exemption. In the event of a dispute over damage to cultural relics abroad, the parties involved should immediately contact the Chinese embassy or consulate in the local area to seek consular protection and legal assistance, and must not reach an oral settlement with the other party on their own, so as to avoid being placed in a passive position afterward.
Behind the Incident: Enhancing Citizens' Legal Literacy and Civilized Travel Awareness
This seemingly trivial incident of climbing an ancient cannon reflects a lack of respect by some Chinese citizens for laws and culture overseas. As of 2025, China has been the world's largest source country for outbound tourists for several consecutive years, with over 150 million outbound trips annually. With such a vast group, any individual's misconduct may be amplified into a "national image" issue, but more critically, the legal consequences are borne by the individual.
From the perspective of legal education, schools and society should strengthen legal education on cultural relic protection for minors, incorporating relevant content from the Cultural Relics Protection Law and the Tourism Law into pre-trip courses for study tours. Parents should also lead by example, actively adhering to the baseline of "do not touch, do not climb, do not make noise" when visiting historical sites. For schools organizing overseas trips for students, a comprehensive guardianship responsibility system should be established, with clear safety management duties for lead teachers, so as to avoid legal disputes arising from lapses in supervision.
Although no actual damage to the ancient cannons in the incident was reported, it is enough to serve as a wake-up call for all families traveling abroad. The law will not make exceptions simply because the child is young, yet the guardian's wallet and credit record may bear the cost. Guangdong Zhiming Law Firm advises that before traveling abroad, families should understand the cultural relic protection laws of their destination, purchase sufficient insurance, and maintain reverence for the rules throughout the trip. If unfortunately involved in a legal dispute overseas, cross-border legal support can be sought in a timely manner through embassies or consulates, or professional lawyers, to minimize losses.
