Huawei’s Meng Wanzhou loses key decision in extradition case

Linda J. Dodson

NEW YORK — A Canadian judge on Wednesday ruled that the extradition trial of Meng Wanzhou, Huawei’s chief financial officer, will move on to the next stage as the premise of the extradition request — “double criminality” — is met.

“On the question of law posed, I conclude that, as a matter of law, the double criminality requirement for extradition is capable of being met in this case. The effects of the U.S. sanctions may properly play a role in the double criminality analysis as part of the background or context against which the alleged conduct is examined,” wrote Associate Chief Justice Heather Holmes of the British Columbia Supreme Court in the judgement. “Ms. Meng’s application is therefore dismissed.”

Holmes had to determine whether the case meets the standard of double criminality, whether the charges against Meng are considered criminal in both the U.S. and Canada, for her to be extradited.

Meng’s high-profile extradition trial has drawn much attention as it stands at the height of tensions among the U.S., China and Canada. Although Canadian officials have said the case will proceed according to Canadian laws, her trial has been seen as highly politicized as it comes in the middle of the U.S.-China trade war.

The judgement came 18 months since her arrest and roughly four months since Meng, 48, stood trial at the British Columbia Supreme Court to face charges of defrauding banks and breaching sanctions on Iran.

The Crown Counsel, Canada’s prosecutors, argued that since wire and bank fraud are crimes in both countries, the extradition order is valid. Meng’s lawyers contend the case centers on the violation of U.S. sanctions, which Canada no longer has in place.

Meng’s arrest in December 2018 at the request of the U.S. government drew Canada into the White House’s increasingly bitter trade and technology battle with Beijing. Two Canadian citizens, Michael Kovrig and Michael Spavor, were arrested in China over charges of “endangering national security” nine days after Meng was detained.

China had often demanded the release of Meng and had hinted that the return of the two Canadians could be negotiated upon Meng’s return. On Tuesday, China’s Foreign Ministry Spokesman Zhao Lijian said the U.S. and Canada abused their bilateral extradition treaty and again demanded Meng’s return.

“This is a serious political incident that grossly violates the interests and rights of the Chinese citizen,” Zhao said at a news conference. “The Canadian side should correct its mistake, immediately release Ms. Meng and ensure her safe return to China so as to avoid any continuous harm to China-Canada relations.”

The judgement will keep Meng under house arrest in her multi-million dollar home in Vancouver’s affluent Shaughnessy neighborhood. She has another chance to walk free, if the court finds that the Canadian authorities violated Meng’s rights during her arrest, as her lawyers had alleged.

Justice Homes has directed Meng to appear next before court on June 15.

Source Article

Next Post

Risks of insider trading will return to haunt investors

As has been widely reported, the Department of Justice, in coordination with the US Securities and Exchange Commission, is investigating personal stock transactions by multiple politicians earlier this year, before the global financial sell-off, but after their receipt of governmental briefings as far back as January regarding the spread of […]

You May Like