Huawei CFO’s counsel says Meng cannot be extradited to U.S. as her actions are not illegal in Canada
The counsel for Meng Wanzhou – Richard Peck has argued in British Columbia Supreme Court in Vancouver that her client cannot be extradited to United States (U.S.) for trial as the accusations framed on her do not meet the Canada’s criteria for extradition.
His arguments came during the first phase of hearings which is being held from January 20-24, 2020. The extradition trial is not meant to prove or disprove the U.S.’s allegations against her. It is to determine if the allegations meet the Canadian standard required for extradition.
Terming the extradition request as baseless, her counsel said that unlike U.S., Canada didn’t have sanctions against Iran at the time when she was arrested.
Meng Wanzhou is the Chief Financial Officer (CFO) of Huawei Technologies Co. Ltd. and daughter of the Huawei Founder – Ren Zhengfei. She was arrested in Vancouver by Canadian Authorities on December 1, 2018. Meng was later released on bail with restrictions on freedom of movement. She is presently undergoing court trial with regards to extradition request placed by U.S. She has been accused of misleading HSBC Holdings Plc about Huawei’s business in Iran.
Addressing the Court, Peck said, “Would we be here in the absence of US sanctions law, and … our response is no.”
He further added, “In a typical case, double criminality is not contentious. This case, however, is founded on an allegation of breach of US sanctions, sanctions which Canada has expressly repudiated.”
He accused U.S. of having global interest in putting sanctions against Iran. “In reality, sanctions violation is the essence of the alleged misconduct … the US has a global interest in enforcing its Iran sanctions. Sanctions drive this case,” said Peck.
As far as extradition process is concerned, the judge has to be satisfied with the evidence presented to authorise the individual for extradition. If not, the accused will be discharged and released from custody. In case, the Judge recommends extradition, it is upto the Minister of Justice and Attorney General of Canada to make the final call.
Huawei, the world’s largest telecommunications equipment maker and one of the biggest smartphone brands, is all geared up for the roll-out of next generation wireless technology, i.e., 5G. But the U.S. opines that with the help of Huawei’s technology, China could spy on other nations. The U.S. has also asked its allies to ban the use of Huawei in their country. Huawei, on the other hand, has said that none of their product pose a threat to national security. It has also said that even if Chinese Government asks to use their technology for espionage, they will deny it. As far as China is concerned, it has said that the arrest of Meng Wanzhou is politically motivated.
Speaking on the occasion, the Deputy Director of the Foreign Ministry Information Department, China – Geng Shuang said, “The resolve of the Chinese government to protect Chinese citizens’ proper legal rights is firm and unwavering.”
Besides, the President of U.S. – Donald Trump had earlier said in December 2018 that he would intervene in Meng’s case if it served U.S. national security interests or helped close a trade deal with China. But with China and U.S. signing the first phase of trade deal earlier this month, we need to wait and watch the role Trump will play in shaping the outcome of one of the most talk-about case.
