Meng likely to be freed if Canada has judicial independence: experts
Legal experts are cautiously optimistic toward a key ruling over Huawei Chief Financial Officer Meng Wanzhou’s case set to be released on Wednesday, noting that Meng is “highly likely” to be freed from a purely legal perspective if Canada truly has the judicial system completely independent from any political influence, as it always boasts.
On Wednesday, a decision on a key legal aspect of the trial over whether Meng, who’s also the daughter of Huawei founder Ren Zhengfei, can be extradited to the US from Canada will be announced, the British Columbia Supreme Court said.
The decision will deal with the charge of double criminality, deciding whether Meng’s actions were crimes in Canada and the US at the time of her arrest. If Wednesday’s ruling shows that Meng’s actions were not a crime in Canada, the Huawei executive could be freed and returned to China.
“I think it is possible that the case could end this week,” Gary Botting, author of Canadian Extradition Law Practice and Extradition between Canada and the US, told the Global Times. “Had Canada the jurisdiction to act against Meng as a criminal, it would have done so. But it does not have extraterritorial jurisdiction – nor does the US.”
Therefore, Meng’s alleged conduct is not criminal in either the US or Canada, said Botting.
“The US fancies itself as policing the world, but it cannot be allowed to impose its political will on its technological rivals in such a cavalier manner,” said the Vancouver-based legal expert.
Zhi Zhenfeng, a legal expert at the Chinese Academy of Social Sciences in Beijing, echoed Botting, telling the Global Times that if looking at the case purely from a legal perspective, it’s highly possible that Meng could be discharged immediately.
China’s position on the Meng Wanzhou incident is consistent and clear. The US and Canada have abused their bilateral extradition treaty, arbitrarily taken compulsory measures against Chinese citizens, and seriously violated the legitimate rights and interests of Chinese citizens. This is a serious political event, Chinese Foreign Ministry spokesperson Zhao Lijian said on Tuesday.
The Canadian side should effectively correct its mistakes, immediately release Meng Wanzhou, and ensure that she returns to China safely, so as to avoid a further deterioration of ChinaCanada relations, Zhao said.