Jurisdiction in Huawei CFO's case for US judge to decide
VANCOUVER: Canada's attorney general on Thursday (Apr 1) fired back at defense accusations of US jurisdictional overreach in Huawei chief financial officer Meng Wanzhou's extradition case, saying the issue is ultimately for a trial judge to decide.
Meng's lawyers argued this week that her alleged crimes took
place in Hong Kong and had no direct link to the United States.
If Canada sends her to the United States to face trial on
bank fraud and conspiracy charges, they further argued, it would be violating
international law on legal jurisdictions.
Canadian government lawyer Robert Frater said the
jurisdiction matter must be left to Canada's justice minister - who has the
final say on extraditions - and a US trial judge.
"This is a matter that can really only be properly
litigated before a US trial judge," Frater said, adding that the defense
arguments' "flaws run so wide and so deep I scarcely know where to
begin".
For more than two years, the Chinese businesswoman has been
fighting being sent to the United States, which alleges she misled investment
bank HSBC by distancing Huawei from its subsidiary Skycom and its activities in
Iran that breached US sanctions.
Both Meng and Huawei deny any wrongdoing.
The defense also conceded this week that Canada's arrest of
Meng was required under its extradition treaty with the United States, but with
hindsight she should now be released.
"Ms Meng's detention was required by the extradition
treaty, so it can't be regarded as unlawful initially," said defense
lawyer Gib van Ert. "What we're saying now is the detention is revealed
now to be unlawful... (because) it is founded on the unlawfulness of the
extradition request itself."
Van Ert said that HSBC's US$2 million in loans after Meng's
meeting with HSBC executives at a Hong Kong tea room did not cause any US harm.
"How much impact did these transactions actually have on
the US financial system?" asked van Ert. "In my submission, the
answer is... very nearly no impact as a percentage.
"Had someone just flown to London and paid cash, we
wouldn't be here because there would be no connection to the US at all."
Canada's lawyer countered that countries can prosecute
crimes committed internationally if there is any impact on them, and that HSBC
was put at risk because it continued providing banking services to Huawei and
Skycom based on Meng's assurances.
Meng's "lies in the tea room have a consequence: the
creation of legal risk that takes place in the United States and gives the
requesting state the ability to prosecute", Frater said.
Meng will next appear on Apr 26. Her extradition hearings
are scheduled to end on May 14, barring appeals.
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