https://www.scmp.com/news/china/art...eir-homes-help-win-bail-canadian-judge-grants
A Canadian judge has ordered that Huawei Technologies chief financial officer Sabrina Meng Wanzhou be released on C$10 million (US$7.5 million) in bail, prompting applause and gasps in a Vancouver courtroom.
Mr Justice William Ehrcke also ordered that Meng wear a GPS ankle bracelet, submit to the supervision of a private security firm, and surrender her two passports.
The judge told the packed courtroom in the British Columbia Supreme Court on Tuesday afternoon that bail would be set at C$10 million, including a cash deposit of C$7 million (US$5.2 million) from Meng and her husband Liu Xiaozong, and C$3 million (US$2.2 million) pledged by friends acting as sureties.
As the judge finished issuing his ruling, Liu leaned forward in his seat and clasped his face in apparent relief.
Ehrcke told Meng to return to court on February 6. He commended all parties for their conduct in a “most unusual” case, which displayed the best aspects of an “independent judiciary”.
Meng wiped tears from her eyes as her lawyers congratulated her.
Liu looked Meng in the eye through two layers of bulletproof glass. He grinned broadly and pumped his fist in victory.
The marathon bail hearing had stretched over three days. Lawyer John Gibb-Carsley, representing the attorney general of Canada on behalf of the United States, had strongly opposed Meng’s release, arguing that she had vast resources at her disposal that made her an unacceptable flight risk.
Meng was arrested at Vancouver International Airport on December 1, at the request of the United States, which is seeking her extradition on fraud charges related to alleged breaches of US and EU sanctions on Iran.
Huawei issued a statement moments after the decision.
“We have every confidence that the Canadian and US legal systems will reach a just conclusion in the following proceedings,” it said.
“As we have stressed all along, Huawei complies with all applicable laws and regulations in the countries and regions where we operate, including export control and sanction laws of the UN, US, and EU.
“We look forward to a timely resolution to this matter.”
Earlier, a series of Vancouver residents offered to pledge their homes worth millions of dollars to ensure Meng’s release.
Meng’s lawyer, David J Martin, contended that she should be let free pending any such extradition proceedings, arguing that she was no threat to flee the area and had ties to the Vancouver community.
Meng, a daughter of Huawei founder Ren Zhengfei, owns two homes in Vancouver with Liu, once lived in Vancouver herself and has been a regular traveller to the city.
On Monday, Martin told the judge that Meng would pay for private security guards to monitor her 24 hours a day and seize her if she tried to escape.
Representing the attorney general of Canada, on behalf of the United States, John Gibb-Carsley argued that Meng has access to vast resources and poses an unacceptable flight risk.
Liu Xiaozong, left, Meng’s husband, arriving at the British Columbia Supreme Court Tuesday morning for her bail hearing. Photo: The Canadian Press via AP
As the third day of the hearing got underway on Tuesday, Martin provided to the judge a list of people who could act as surety, in addition to Liu, who is not a resident of Canada. That had been a point of contention, with Gibb-Carsley opposing bail.
They included the Vancouver property agent who helped Meng and Liu buy both their homes here.
“We now meet every year – I consider them good friends,” said the property agent, a Mr Chen, pledging his C$1.8 million home as surety.
Another Vancouver couple, one of whom worked with Meng at Huawei in the 1990s, also pledged C$500,000 in equity in their home to act as surety. They said they understood they could lose their C$1.4 million home if she fled.
A third Vancouverite, whose husband once worked at Huawei with Meng and “knew Ms Meng very well”, pledged their C$6 million home, and also offered to act as personal surety.
Martin said that a fourth friend, a yoga instructor named Ms Peng, was in the public gallery with a cheque for C$50,000 that she would hand over immediately if Meng was granted bail, with Peng acting as surety.
Peng said she had spent much “quality time” with Meng and Liu in Vancouver and she believed Meng would not jeopardise her finances by fleeing.
Sabrina Meng Wanzhou and a family member in Whistler, British Columbia, in a photograph provided to the province’s Supreme Court by her legal team in a bail hearing. Photo: Sabrina Meng Wanzhou via BC Supreme Court
Martin clarified that the home equity and cash being pledged on Tuesday by Meng’s friends amounted to about C$3 million. He said the people lining up to act as surety were “fine folk”.
“These are people pledging their homes, money and confidence to Ms Meng,” he said.
Returning to the issue of whether it was appropriate for Liu to act as surety for his wife, Gibb-Carsely said that the role was primarily one of supervision, as a “jailer in the community” – and that financial pledges were secondary.
”Because their ordinary lives are in China … it is inconceivable to me that if she were to go [and flee], that he wouldn’t go with her,” Gibb-Carsely said.
”Their interests are aligned … he is not an appropriate surety [and] he should be excluded,” Gibb-Carsley added.
Supporters of Sabrina Meng Wanzhou, chief financial officer of Huawei Technologies, outside of a bail hearing at the Supreme Court in Vancouver, British Columbia, on Tuesday. Photo: Bloomberg
On Tuesday, ahead of the decision, outside court, supporters of Meng eagerly awaited the bail result.
A man who identified himself only as James, a 20-year resident of Canada, said he regarded Meng as “a sister” to fellow Chinese. It was his second day protesting at the hearing.
James said he did not read newspapers but had followed the Meng case avidly on WeChat groups. He was incensed by unconfirmed reports that Meng had been shackled during court transfers, calling it “such an insult”.
“She is a mother of four children,” he said. “She is not a murderer … they should release her. Not bail. Just release.”
Heavy rain kept numbers down compared to Monday, when hundreds of members of the public showed up, many loudly supportive of Meng.
But on Tuesday, the 149-seat gallery in the British Columbia Supreme Court’s high-security Courtroom 20 was still packed, with dozens watching proceedings outside on video monitors.
Just ahead of the ruling, there was high anticipation that Meng would be released; one of her lawyers brought a Longchamp duffel bag into court, which he showed Liu.
Meng returned to court after the lunch break in a buoyant mood, laughing with the lawyer who brought the bag.
In oral reasoning before announcing his decision, Ehrcke said that a warrant had been issued for Meng’s arrest on August 22 in New York, but that the US had “not yet filed a certified record of the case”.
In a statement of facts, though, the US accused Meng of conspiring to deceive “numerous” financial institutions about Huawei’s business in Iran in breach of sanctions- specifically, that Huawei used an unofficial subsidiary called Skycom to do business in Iran.
The claims were strongly denied by Meng, Ehrcke noted.
”I am innocent of the allegations against me,” Meng said in an affidavit read out by Ehrcke.
Ehrcke dismissed suggestions that Meng held multiple passports; only two valid passports existed, one issued by China and one by Hong Kong, he said.
The judge was also scathing of US assertions that Meng had deliberately avoided travel to the US since March 2017 because she was aware of a grand jury investigation into Huawei.
That, Ehrcke said, was “entirely speculative” and “without any reliable foundation”.
The US has until January 8 to file a formal extradition request.