VANCOUVER/TORONTO (Reuters) – A lawyer for the Huawei Chief Financial Officer Meng Wanzhou argued on Monday that the “double criminality” in the midst of a trial in order to decide whether or not she will be extradited to the United States, a case that has strained relations between Ottawa and Beijing.
Meng, 47, had arrived in the Vancouver courtroom wearing a black top with polka dots, and for the first part of the study, at least four days, as China repeated its call for Canada to release her.
Legal experts have said that it would take several years before a final decision is reached in the case, given that Canada’s justice system, it is possible to make a lot of decisions to be appealed.
In the United States of america has brought together the bank’s fraud, and accused her of misleading information on HSBC Holdings Plc Huawei Technologies Co Ltd [HWT.UL] business in Iran.
In the proceedings before the court to show that the United States has issued a warrant, which is Canada, and it entered into in December of 2018, as it is of the opinion Mix, covered the efforts of the event-related companies selling equipment to Iran, in the breaking of US sanctions against the country.
Meng, daughter of Huawei’s billionaire founder, Ren Zhengfei, will remain free on bail in Canada and now lives in a mansion in Vancouver’s exclusive Shaughnessy neighbourhood.
She told me that she is innocent and is fighting extradition in part because of its alleged conduct was not illegal in Canada, it is a well-known argument in the legal to as “dual criminality.”
In contrast to the United States of america, Canada, about the sanctions against Iran at the time, Canadian officials have the power to begin with, its delivery, its lawyers have said.
- Key events in Huawei’s CFO Meng Wanzhou in the extradition case
The central issue is the “dual criminality,” the lawyer, Richard Peck told the court.
“Why are we here, in the absence of a U.S. sanctions law, and our answer is, no,” Peck said.
“In a typical case is that of double criminality, it is not a controversial issue. In this case, however, it is based on an allegation of a violation of U.S. sanctions, the sanctions that Canada has expressly rejected,” he added.
Peck said that the United States has cast this case as a case of fraud with a bank, which he described as a “device”.
“In fact, the sanctions are a violation, it is the very essence of the alleged misconduct, … the United States has a worldwide interest in enforcement of its Iran sanctions. Penalties of driving with this thing,” Peck added.
There are more than 150 people in the high-security basement courtroom in downtown Vancouver, where the hearing is to be held, including those of journalists from all over the world. In the gallery, where the audience was seated and quiet, it is separated from the where the judge and lawyers are sitting by the large panels of glass, creating a fishbowl-like effect.
If the legal team is currently scheduled to be the call time in the last week of April, and the second phase of the study, it is aimed at the abuse of the process, and whether or not Canadian officials have followed the law in making the arrest of the Mix, is set to begin in the month of June. Closing arguments are expected to be in the last week of September and the first week of October.
Huawei Chief Financial Officer Meng Wanzhou, leaves) b) c) the Supreme court for a lunch break on the first day of her extradition hearing in Vancouver, British Columbia, Canada, on the 20th of January by the year 2020. REUTERS/Lindsey Wasson
The case has a chilling effect on relations between Ottawa and Beijing. China has called for Mixing the arrest politically motivated.
The US President, Donald Trump told the Reuters in December 2018, he would have to intervene in the Mix to be the case, as it served U.S. national security interests, or be assisted by the conclusion of a trade agreement with China. Chrystia Freeland, canadian minister of foreign affairs, at the time, quickly and warned Washington not to politicize the extradition case.
“The resolve of the Chinese government to protect Chinese citizens’ right to legal rights, and firmly,” at the ministry of foreign affairs spokesman Geng Shuang told reporters at a daily briefing on Monday. He did Mix in the event of a “serious political issue.”
Huawei said in a statement that it is with a Mix up in the pursuit of justice and freedom. “We have to have trust and confidence in Canada’s justice system, which will turn out to Mrs. Mix’s innocence,” it added.
Richard Kurland, a federal policy expert, and a lawyer not involved in the case, the so-called Mixing of the dual criminality argument, the absence of Canadian sanctions against Iran, it is a sure bet.
“I think the defense has a slam dunk. There will be no Iran sanctions, and in Canada, and a little bit (the trial) and that, in relation to an Islamic punishment, in Canada, it can also be removed,” he said.
Soon after the Mixing of the drug in China detained two Canadians – former Canadian diplomat, Michael Kovrig, businessman Michael Spavor. China has denied their arrests were in connection with the Mix up of the event.
“The clear priority of the government … it is all in the launch, and the well-being of Michael Kovrig, Michael Spavor. This is at the heart of everything we do, and rightly so,” Freeland, now a canadian deputy prime minister, told reporters, in the Exchange, on the sidelines of a cabinet retreat.
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If the legal team argued in November that they are not able to be delivered to the customer and Canada have not imposed sanctions against Iran at the time, Canadian officials have the power to start the delivery, which means that its behavior is not illegal.
In response, Canada’s solicitor-general, said Meng, was arrested on charges of fraud and of misleading HSBC, which is a crime in both countries.
“Our government has been clear that we do not have a rule of law nation, and that we honour our delivery obligations under the treaty. That’s what we need to do, and that’s what we’re going to do,” Freeland said.
Reporting Tessa Vikander in Vancouver and Moira Warburton, in Toronto; Additional reporting by Gabriel Crossley, in Beijing, David Ljunggren in Ottawa; Writing by Denny Thomas; Editing by Lisa Shumaker, Tom Brown, Bill Berkrot, Paul Commented