Huawei CFO's defense cites international law
Release time:2020-12-22
Huawei Chief Financial Officer, Meng Wanzhou, leaves British Columbia Supreme Court, with her security team in Vancouver, British Columbia on Dec 8, 2020. [Photo/Agencies]

The defense team for Huawei executive Meng Wanzhou argued that Canada would be violating international law if she is sent to the United States to face charges and asserted that she was subjected to an abuse of process and should be released.

In a notice filed with the British Columbia Supreme Court and released Friday, Meng's lawyers claim Canada should not conspire with US authorities to punish a foreign national for actions that have no real connection to the US.

Meng, the chief financial officer of Huawei Technologies Co Ltd, was arrested in Vancouver two years ago at the request of the US. She was accused of bank fraud, allegedly misleading HSBC to break US sanctions against Iran, which Meng and Huawei have denied.

Meng's lawyers said HSBC is incorporated in the UK; Meng is a Chinese national; and the alleged misrepresentations were made in Hong Kong, so there is no connection between Meng's alleged conduct and the US.

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

The defense team's latest bid relies on a recent Supreme Court of Canada ruling that found a B.C. mining company could be sued for alleged violations at a mine in Eritrea, according to CBC News.

"As customary international law is part of the law of Canada, it would be an abuse of this court's process, compromising the integrity of the Canadian judicial system to order committal based on an extradition request that is contrary to such laws," the argument reads. "If it did so, Canada would be complicit in breaching customary international law."

In that case, workers at an Eritrean mine owned by the company claim they were beaten, punished and forced to work in harsh and dangerous conditions. Canada's highest court didn't rule on the question of whether Nevsun was responsible, but the judges said the lawsuit could go forward.

"Customary international law is also the law of Canada," wrote Justice Rosalie Abella.

Meng's lawyers argue that the same set of internationally respected laws means "a state like the US can't punish foreign nationals for actions that take place overseas and that have no real impact or effect within its borders".

"Prosecuting Meng without notice in 2013 that her conduct in Hong Kong might be subject to US criminal law by operation of US sanctions laws is repugnant to society's sense of fairness," the lawyers claimed.

Agencies contributed to this story.