Extradition

ON DEC. 1, 2018 Huawei’s Chief Financial Officer (CFO) Meng Wangzhou was arrested by Canadian authorities at Vancouver Airport.

The arrest was implemented as a result of a US allegation that Meng had lied to HSBC in connection with a bank loan application that she had made on behalf of Huawei. The US authorities allege that this caused Huawei to violate sanctions that were put in place to prevent support being given to Iran.

The US wanted the Canadian authorities to hand Meng over so that she would face criminal charges in the US.

It is true that US and Canada have a mutual extradition treaty so that, in principle, if someone commits an offense in the US and is arrested in Canada, then the US can apply for the alleged offender to be sent to the US to face charges.

Extradition treaties between countries may vary in detail, but a common theme is often that the offense for which an extradition application is made has to be an offense in both countries.

It is now almost three years since Meng was arrested and yet the Canadian authorities never surrendered her to the US.

The Canadian system of justice is not unduly slow. Therefore, we can surmise that the Canadian authorities were not entirely satisfied that the US allegations against Meng were such that, under the terms of US/Canada extradition treaty, she could be handed over. This is speculation, of course, but the fact of the matter is that Canada never showed any inclination that a handover was imminent.

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Soon after Meng was arrested, she was released on condition that she spent her nights in her Vancouver home. She was also required to wear an ankle bracelet (which she turned into a fetching fashion statement) so that  her movements could be monitored. She was also required to pay for the security arrangements made to ensure that she adhered to the conditions of her release from prison. (She spent a few days in a Canadian jail after her arrest in December 2018).

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Meanwhile, the Chinese authorities showed their displeasure at the Canadian decision to restrict Meng’s movements. Soon after Meng’s arrest, China incarcerated two Canadian citizens, Michael Spavor and Michael Kovrig on spying charges.

Last weekend, Canada released Meng who immediately flew from Vancouver to Shenzhen. She was given a warm welcome when she returned to China.

The two Canadians, Spavor and Kovrig were released at the same time. China denies that this was a quid pro quo but the time coincidence makes it likely that their release was a result of Meng’s.

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I am uneasy about the role of the US. Huawei has enjoyed commercial success. This is because its products have excellent price-performance.

Is the US against Huawei because Huawei has allegedly engaged in malpractice?

If so, then those of us who have an open mind need to hear more about what Huawei is supposed to have done wrong./PN

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