Remember meForgot password?
    Log in with Twitter

article imageCanadian court rules against Huawei exec fighting extradition

By David P. Ball (AFP)     May 27, 2020 in Technology

An executive for Chinese tech giant Huawei suffered a legal setback Wednesday when a Canadian judge ruled that proceedings to extradite her to the United States will go ahead.

The decision on so-called double criminality, a key test for extradition, found that bank fraud accusations against Meng Wanzhou would stand up in Canada.

The interim ruling denying Meng's attempt to gain her freedom means she will continue to live in a Vancouver mansion under strict bail conditions while her case plays out.

It also effectively dashed hopes for a quick mending of Canada-China relations, which soured following her arrest on a US warrant in 2018 during a stopover in Vancouver.

"The double criminality requirement for extradition is capable of being met in this case," British Columbia Supreme Court Justice Heather Holmes said in her 23-page ruling.

"Ms. Meng's application is therefore dismissed," she added.

Prosecutors accused Meng of committing fraud by lying to a bank, in this case an American one. That is a crime in both Canada and the United States.

Outside the courthouse, protestors held placards that read "Extradite Meng Wanzhou," "No Huawei in Canada" and "Canada don't let China bully us."

Chinese tech giant Huawei is at the center of a Washington-Ottawa-Beijing diplomatic row over the ex...
Chinese tech giant Huawei is at the center of a Washington-Ottawa-Beijing diplomatic row over the extradition of a Huawei exec from Canada to the United States for lying to a bank
Hector RETAMAL, AFP/File

Inside, Meng was composed as the judge explained her decision, in contrast to a gleeful thumbs up the "Huawei Princess" had given while posing for pictures with family and friends on the steps of the courthouse days earlier.

Huawei said in a statement it was "disappointed" by the ruling, adding that it looked forward to Meng ultimately being exonerated.

- 'Grave political incident' -

China's Embassy in Ottawa, meanwhile, accused the United States of trying "to bring down Huawei" and Canada of being "an accomplice."

"The whole case is entirely a grave political incident," it said in a statement.

"We once again urge Canada to take China's solemn position and concerns seriously, immediately release Ms. Meng Wanzhou to allow her to return safely to China, and not to go further down the wrong path."

Beijing has long signaled that her repatriation was a precondition for improved bilateral ties and its release of two Canadians detained on espionage suspicions.

'Huawei Princess' extradition saga
'Huawei Princess' extradition saga

The arrests of former Canadian diplomat Michael Kovrig and businessman Michael Spavor nine days after Meng was taken into custody have been widely decried as retribution.

While the eldest daughter of Huawei founder Ren Zhengfei has been out on bail, the two Canadians remain in China's opaque penal system.

China has also blocked billions of dollars' worth of Canadian agricultural exports.

Prime Minister Justin Trudeau has insisted on leaving it to the courts to decide Meng's fate.

He lamented last week that communist-led China "doesn't seem to understand" the meaning of an independent judiciary.

On Wednesday his foreign minister, Francois-Philippe Champagne, said Canada would "continue to pursue principled engagement with China to address our bilateral differences and to cooperate in areas of mutual interest."

He also said Ottawa would continue to press for the release of Kovrig and Spavor, "who have been arbitrarily detained for over 500 days," and for clemency for a third Canadian, Robert Schellenberg, facing execution.

- Iran sanctions -

During four days of hearings in January, the court heard that Meng lied to the HSBC bank about Huawei's relationship with its own Iran-based affiliate Skycom in order to secure nearly US$1 billion in loans and credit, putting the bank at risk of violating US sanctions.

Huawei Chief Financial Officer  Meng Wanzhou (C)  leaves British Columbia Supreme Court  after heari...
Huawei Chief Financial Officer, Meng Wanzhou (C), leaves British Columbia Supreme Court, after hearing the decision of Associate Chief Justice Heather Holmes on her double-criminality judgment in Vancouver, on May 27, 2020
Don MacKinnon, AFP

Lawyers for Canada's attorney general on behalf of the US Justice Department pointed to a 2013 presentation in Hong Kong in which she told HSBC executives that Huawei no longer owned Skycom and that she had resigned from its board.

The Crown called this a deception, asserting that Huawei controlled the operations of Skycom in Iran and held its purse strings.

"Lying to a bank to obtain financial services is fraud," Crown counsel Robert Frater told the court.

Defense lawyer Eric Gottardi accused the US of abusing its treaty with Canada by asking it to arrest Meng as part of a campaign against China's largest international company and leader in 5G, or fifth-generation wireless technologies.

The court, however, dismissed defense arguments that the case hinged on the US sanctions against Iran that Canada had repudiated.

"The essence of the alleged wrongful conduct in this case is the making of intentionally false statements in the banker client relationship that put HSBC at risk," Holmes wrote.

"The US sanctions are part of the state of affairs necessary to explain how HSBC was at risk, but they are not themselves an intrinsic part of the conduct."

Holmes noted that her ruling in no way makes a determination on whether there is sufficient evidence to justify extradition.

That question will be decided at a later stage in the proceedings.

The case now continues to a second phase, yet to be scheduled, when the defense will challenge the lawfulness of her arrest, followed by more hearings likely in September.

Any appeals could further drag it out for years.

More about Canada, Court, Extradition, US, China
More news from
Latest News
Top News