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11/12/2019

Canadian Court Allows Huawei's CFO Permission To Access More Evidence About Her Arrest




Canadian Court Allows Huawei's CFO Permission To Access More Evidence About Her Arrest
Huawei's Chief Financial Officer Meng Wanzhou, who is under house arrest in Canada, and her lawyers will now get access to more evidence and documents relating to her arrest following a win in a local court there as a part of her efforts to prevent her extradition to the United States.
 
Meng's defence team will now have to be provided with records about the planning and execution of her arrest in the Vancouver International Airport on December 1, 2018, the attorney general, police and border agency were given this direction be a judge in Canada in a ruling on Tuesday.
 
The claims by the legal team of Huawei Technologies Co Ltd that Canadian authorities improperly handled identifying information about Meng's electronic devices was agreed to by Associate Chief Justice Heather Holmes saying that there is an "air of reality" to such assertions.
 
However, the Supreme Court of British Columbia cautioned that the ruling is limited and does not address the merit of Huawei's allegations.
 
The order "does not predict or imply that Ms Meng's claim of abuse of process will ultimately succeed," Holmes said in the ruling.
 
If it could be proven that the alleged abuse of process were true, whether it would be serious enough to need a stay of proceedings is not yet clear, she said.
 
She said that such a stay is only granted "in the rarest of cases. However, I cannot rule out the possibility that it would."
 
Some of the allegations of Meng's defence that there have been notable gaps in the evidence provided so far were supported by the ruling.
 
"I view the evidence tendered by the Attorney General to address those gaps as strategic in its character yet impoverished in its substance," the judge said. She noted that why Canadian border officials turned over Meng's passwords to the police, as it is against the law, and when and how the mistake was bought into light has been left "largely unexplained" by Canada.
 
The United States had charged Meng, 47, with accusations of bank fraud and of misleading HSBC bank about Huawei Technologies' business in Iran and which had violated US sanctions on Iran. Meng has claimed innocence and is fighting her extradition case.
 
Before her arrest, Meng was interrogated by immigration authorities and the government has been asked by her lawyers to hand over more documents related to her arrest.
 
The grounds that were used by the legal team of Meng used in the Canadian court to oppose her extradition included the argument that the aim of her arrest and extradition as pushed by the US was to gain political and economic gains against China and the argument that her arrest, search and interrogation by Canadian authorities acting on behalf of the Federal Bureau of Investigation (FBI). Was done unlawfully.
 
The arrest has resulted in the souring of the bilateral relations between Canada and China. And after a proposal for the formation of a special committee to examine relations with China was approved by Canadian legislators, the relations between the two countries soured further.
 
(Source:www.aljazeera.com)

Christopher J. Mitchell

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