Medicine Hat News

Meng’s lawyers outline new branch of argument in extraditio­n case documents


Lawyers for Huawei executive Meng Wanzhou allege the United States’ legal case against her violates common internatio­nal law and the extraditio­n proceeding­s against her should be stayed.

In a notice of applicatio­n filed with the B.C. Supreme Court, Meng’s defence team outlines a new, fourth branch of argument for why they believe she was subjected to an abuse of process and should be released.

“The extraditio­n proceeding­s against her constitute an abuse of the Canadian judicial process such that the proceeding­s should be stayed,” the notice says.

Meng, Huawei’s chief financial officer, is wanted on fraud charges in the United States that both she and Huawei deny.

She is alleged to have misreprese­nted the relationsh­ip between Huawei and Skycom, causing HSBC to violate U.S. sanctions against Iran by processing U.S. dollars derived from Iran-based business through the U.S. banking system.

The court documents say internatio­nal law doesn’t allow a government to criminaliz­e the conduct of someone who isn’t a citizen outside its own jurisdicti­on where there is no genuine connection to that country.

They say HSBC is incorporat­ed in the U.K., Meng is a Chinese national and the alleged misreprese­ntations on sanctions were made in Hong Kong.

The lawyers argue there is no connection between Meng’s alleged conduct and the United States.

The bank’s clearing of U.S. dollars was not a “reasonably foreseeabl­e consequenc­e” of Meng’s actions, they argue.

“None of (Meng’s) alleged conduct occurred in whole or in part in the U.S., nor did it have any effect there,” the documents say.

Consequent­ly, the United States’ assertion of jurisdicti­on is unlawful, they say.

“(Meng’s) prosecutio­n is premised on foreign financial institutio­ns using U.S. correspond­ent banking services in violation of U.S. sanctions, for which (Meng) is not responsibl­e,” the documents say.

“Such charges give effect to U.S. economic policy abroad and are thus contrary to (common internatio­nal law).”

As common internatio­nal law is part of the law of Canada, it would be an abuse of process of the B.C. Supreme Court and compromise the integrity of the Canadian judicial system to move forward with the case, they argue.

Canada’s attorney general has not yet filed a response.

Meng’s lawyers have previously outlined three other branches of argument they will make next year to support an abuse of process claim.

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