孟晚舟引渡案: 2018年12月1日被拘捕；2019年3月1日，加正式启动引渡程序；BC最高法院引渡听证2021年8月18日结束，法官未作出裁决；9月24日孟晚舟与美国政府达成协议，美国撤销引渡请求，BC法院终止引渡程序; 2022年12月1日美国撤销指控

[lindamy]

和大选前的民调类似，开庭之前，各媒体的猜测差距很大。

美国之音，bloomberg的猜测都是引渡的可能性99%；但是多维的文章还是认为孟的欺诈罪难以成立。

 

[向问天]

土豆说不放加拿大人要川普不签贸易协议，川普理会加拿大吗？

要知道自己几斤几两。
其实加拿大还是有明白人。

 

[ccc]

Opinion: Want to bring the Michaels home? Send Meng Wanzhou back to China

Resolving the situation of the two Canadian hostages is one of those circumstances that will require the government to make a somewhat unpalatable choice

www.theglobeandmail.com

 

[ccc]

VANCOUVER — Lawyers for a Huawei executive wanted on fraud charges in the United States are accusing Crown attorneys of relying on American sanction law to make its case for extradition from Canada.

In documents released by the B.C. Supreme Court Friday, Meng Wanzhou's lawyers say Canada has rejected similar U.S. sanction against Iran and not only permits banks to do business with Iran-based entities but encourages them to do so.

Her lawyers have said she should not be extradited because her actions wouldn't be considered a crime in Canada.

Both sides will make their arguments to the court next week during an extradition hearing to determine whether Meng's case is one of "double criminality," meaning her actions were criminal in both Canada and the country requesting her extradition.

The United States alleges Meng lied about Huawei's relationship with its Iran-based affiliate Skycom to one of its bankers, HSBC, putting the financial institution at risk of violating American sanctions.

Meng, who's Huawei CFO, has denied the allegations and remains free on bail and living in one of her multimillion-dollar homes in Vancouver ahead of a court hearing set to begin Jan. 20.

Lawyers for Canada's attorney general have argued Meng's alleged conduct put HSBC at risk of economic loss and that is sufficient to make a case for fraud in Canada.

They have also previously called the focus on sanctions a "complete red herring."

"This case is about an alleged misrepresentation made by Ms. Meng to a bank that they relied upon, and in so relying, put their economic interests at risk," Crown prosecutor John Gibbs-Carsley said in May.

In the new documents, Meng's team accuses the attorney general of advancing two contrary positions: that American sanctions do not need to be considered to determine whether she committed fraud, and that the sanctions are part of the foreign legal environment that gives context to the alleged misconduct.

"It is apparent that exposure to U.S. sanctions risk is a fundamental aspect of the allegation," the documents say. "In essence, this is a case of U.S. sanction enforcement masquerading as Canadian fraud."

The documents say that while Meng's alleged actions could put HSBC at risk of economic deprivation in the United States, the same economic deprivation could not happen to the bank in Canada.

"It is not a crime in Canada to do something in this country that, if done in the U.S. or elsewhere, would be a crime in the U.S."

There is also no real risk that HSBC would be exposed to economic deprivation through criminal or civil penalties in Canada because the Canadian legal system does not penalize "an innocent victim of fraud," the documents say.

"If ... HSBC is an unwitting victim then it cannot be at risk of deprivation under any criminal law or quasi-criminal (regulatory) laws in Canada," the documents say.

"We do not punish the morally innocent."

Meng made a brief appearance in court on Friday as lawyers discussed future court dates.

U.S. sanction law not enough to prove Canadian fraud: Meng's lawyers

VANCOUVER — Lawyers for a Huawei executive wanted on fraud charges in the United States are accusing Crown attorneys of relying on American sanction law to make its case for extradition from . . .

www.vancourier.com

 

[ccc]

The extradition case of Huawei Technologies Co. Ltd. CFO Meng Wanzhou, slated to resume on Jan. 20 in a Vancouver courtroom, may be resolved much quicker than the originally anticipated multi-year timeline, one legal observer says.

That’s because arguments presented by Meng’s defence, while expected by some to be centred around the issue of double criminality, or whether Meng’s alleged U.S. offences also constitute crimes in Canada, may break down to a simple question about the original arrest warrant issued by Canadian courts at the behest of the U.S. Department of Justice.

Kurland, Tobe Immigration Law Firm lawyer Richard Kurland said the case could come down to the fact that the courts issued a provisional warrant for the immediate arrest of Meng when she arrived from Hong Kong at Vancouver International Airport on a Cathay Pacific flight on December 1, 2018.

Meng’s defence argued that the executive was held at the airport for three hours and was compelled to turn over her electronic devices and passwords prior to being notified she was being arrested. Crown prosecutors have argued that the detention was part of a normal border screening process by the Canada Border Services Agency (CBSA) which had to determine if Meng could enter Canada before the RCMP had jurisdiction to make the arrest.

“Last year, the court heard the arrest was to take place aboard the aircraft, and then the court heard the arrest was to take place on the tarmac… And then there was the equivalent of the 18-minute Rose Mary Woods gap in the Nixon tape,” Kurland said, referring to former U.S. president Richard Nixon’s controversial White House audio tapes that eventually led to his resignation. “What happened on that tarmac?” Kurland asked.

Kurland said the Crown will now have to defend the rationale for making the arrest at the airport three hours after Meng’s arrival rather than on the plane or on the tarmac. He added that the argument that the CBSA had jurisdiction to conduct a border-entry screening ahead of the RCMP will not be sufficient alone to counter the claims by Meng’s defence team.

“Basically, you are telling the court it’s not immediate,” Kurland said. “Let’s look up the word ‘immediate’ in the dictionary; there’s just no getting around that. Now, if there’s a failure to engage in immediate arrest, and there’s no consequence of that failure, then you can overlook it. But if it’s a situation where there is a consequence, that is not going to go well [for the Crown].

“It makes no difference if it’s the RCMP or the CBSA or whoever. The court ordered immediate arrest; the RCMP and the CBSA both have the authority to arrest. Whoever went first had the obligation by court order to immediately arrest, not to wait three hours.”

If the defence argues that Meng should not have been arrested because the U.S. sanctions she’s accused of violating do not apply in Canada, that still leaves other alleged offences such as wire fraud and money laundering, which are covered by comparable Canadian laws.

“The best they can do is to do away with the questions on the Iranian sanctions,” Kurland said. “But what about everything else? One way to try to umbrella-up the double-criminality point is to say that it tainted everything else, and everything else is a mere subset of double criminality. And that’s an argument… but I suspect it’s going to go a lot cleaner and simpler than most people believe at this point, because of what happened on the tarmac.”

The Meng arrest has torpedoed Ottawa’s relationship with Beijing over the past year, with the Chinese government arresting multiple Canadian citizens on espionage and drug charges since December 2018 and effectively banning imports of Canada’s red meats and canola into the world’s second-largest economy. The case is further complicated by Huawei’s heavy investment in Canadian technology and its push for inclusion in Canada’s upcoming 5G wireless network.

Arrest delay could buttress defence in Meng Wanzhou extradition case

The extradition case of Huawei Technologies Co. Ltd. CFO Meng Wanzhou, slated to resume on Jan. 20 in a Vancouver courtroom, may be resolved much quicker than the originally anticipated multi-year timeline, one legal observer says.

www.vancourier.com

 

[向问天]

浏览附件878633

VANCOUVER — Lawyers for a Huawei executive wanted on fraud charges in the United States are accusing Crown attorneys of relying on American sanction law to make its case for extradition from Canada.

In documents released by the B.C. Supreme Court Friday, Meng Wanzhou's lawyers say Canada has rejected similar U.S. sanction against Iran and not only permits banks to do business with Iran-based entities but encourages them to do so.

Her lawyers have said she should not be extradited because her actions wouldn't be considered a crime in Canada.

Both sides will make their arguments to the court next week during an extradition hearing to determine whether Meng's case is one of "double criminality," meaning her actions were criminal in both Canada and the country requesting her extradition.

The United States alleges Meng lied about Huawei's relationship with its Iran-based affiliate Skycom to one of its bankers, HSBC, putting the financial institution at risk of violating American sanctions.

Meng, who's Huawei CFO, has denied the allegations and remains free on bail and living in one of her multimillion-dollar homes in Vancouver ahead of a court hearing set to begin Jan. 20.

Lawyers for Canada's attorney general have argued Meng's alleged conduct put HSBC at risk of economic loss and that is sufficient to make a case for fraud in Canada.

They have also previously called the focus on sanctions a "complete red herring."

"This case is about an alleged misrepresentation made by Ms. Meng to a bank that they relied upon, and in so relying, put their economic interests at risk," Crown prosecutor John Gibbs-Carsley said in May.

In the new documents, Meng's team accuses the attorney general of advancing two contrary positions: that American sanctions do not need to be considered to determine whether she committed fraud, and that the sanctions are part of the foreign legal environment that gives context to the alleged misconduct.

"It is apparent that exposure to U.S. sanctions risk is a fundamental aspect of the allegation," the documents say. "In essence, this is a case of U.S. sanction enforcement masquerading as Canadian fraud."

The documents say that while Meng's alleged actions could put HSBC at risk of economic deprivation in the United States, the same economic deprivation could not happen to the bank in Canada.

"It is not a crime in Canada to do something in this country that, if done in the U.S. or elsewhere, would be a crime in the U.S."

There is also no real risk that HSBC would be exposed to economic deprivation through criminal or civil penalties in Canada because the Canadian legal system does not penalize "an innocent victim of fraud," the documents say.

"If ... HSBC is an unwitting victim then it cannot be at risk of deprivation under any criminal law or quasi-criminal (regulatory) laws in Canada," the documents say.

"We do not punish the morally innocent."

Meng made a brief appearance in court on Friday as lawyers discussed future court dates.

U.S. sanction law not enough to prove Canadian fraud: Meng's lawyers

VANCOUVER — Lawyers for a Huawei executive wanted on fraud charges in the United States are accusing Crown attorneys of relying on American sanction law to make its case for extradition from . . .

www.vancourier.com

这么大段的英文，你自己读了没有？

 

[枫国冰都]

村长，我们分析材料的，管你的内容叫做RAW MATERIAL. 以后你发帖子，最好用自己的话简短地总结归纳。这样节约大家的时间。大家都挺忙的，没有时间看长篇大论。我们自己常常把几十页的研究报告，最后递给头的就是两页总结归纳纸。头再给大老板报告就是几句话。

你要把CFC的网友都看成大老板。

 

[ccc]

村长，我们分析材料的，管你的内容叫做RAW MATERIAL. 以后你发帖子，最好用自己的话简短地总结归纳。这样节约大家的时间。大家都挺忙的，没有时间看长篇大论。我们自己常常把几十页的研究报告，最后递给头的就是两页总结归纳纸。头再给大老板报告就是几句话。

你要把CFC的网友都看成大老板。

读报纸/新闻，还得教你如何读？ 读标题和导语，有时间和兴趣就多读几段。

 

[枫国冰都]

那你就只贴标语就好了。

 

[ccc]

华为首席财务官孟晚舟引渡案预定1月20日在加拿大开庭，届时法庭将就这一案件是否符合在美国和加拿大同属犯罪这一“双重犯罪”引渡标准进行审理。彭博新闻社星期五（1月17日）的一篇报道说，孟晚舟避免被引渡到美国的可能性仅为1%。

加拿大司法部在递交给法庭的文件中表示，孟晚舟被控罪名符合加拿大引渡条款里中“双重犯罪”原则，其被控误导汇丰银行的行为，在加拿大也是犯罪，应当以涉嫌欺诈将她引渡到美国。而孟晚舟的律师团队则指出，孟晚舟被控行为在加拿大不属违法，加拿大开始受理引渡案时，加拿大并没有对伊朗实施制裁。

彭博新闻社的报道说，日产汽车公司前董事长卡洛斯·戈恩当时被判无罪的概率也是百分之一。曾经在日本和国际汽车业界颇具影响力的戈恩上月底逃往黎巴嫩，逃避他所称的日本司法不公。

孟晚舟现在受到全天候24小时监视，左脚踝上带有全球定位系统GPS跟踪器。

加拿大2018年12月1日应美国要求，在温哥华国际机场逮捕孟晚舟。该事件迅速导致中国与加拿大关系恶化，中国抓捕两名加拿大人进行报复。
中国驻加拿大大使丛培武曾表示，释放孟晚舟是中国和加拿大关系改善的前提。

法新社星期五的一篇报道说，在加拿大有人呼吁司法部长拉麦提（David Lametti）介入这一案件，为了加中两国关系的改善而释放孟晚舟。报道援引法律专家鲍廷的话说：“司法部长有权在任何时候叫停引渡程序。”他指出，加拿大以前也曾有过这样的先例。

但目前加拿大政府的立场是不会干预这一案件的司法程序。

孟晚舟引渡听证在即 分析称避免引渡可能性只有1%

华为首席财务官孟晚舟引渡案预定1月20日在加拿大开庭，届时法庭将就这一案件是否符合在美国和加拿大同属犯罪这一“双重犯罪”引渡标准进行审理。彭博新闻社星期五（1月17日）的一篇报道说，孟晚舟避免被引渡到美国的可能性仅为百分之一。

www.voachinese.com

 

[小 篆]

这么大段的英文，你自己读了没有？

多大段啊？这种新闻稿子没有花哨的修辞也没有高深的寓意，再加上事件背景都熟悉，我赌村长全文扫下来也就3分钟。比你看什么小凳子小桌子的视频效率高多了。

 

[ccc]

多大段啊？这种新闻稿子没有花哨的修辞也没有高深的寓意，再加上事件背景都熟悉，我赌村长全文扫下来也就3分钟。比你看什么小凳子小桌子的视频效率高多了。

 

[lindamy]

多大段啊？这种新闻稿子没有花哨的修辞也没有高深的寓意，再加上事件背景都熟悉，我赌村长全文扫下来也就3分钟。比你看什么小凳子小桌子的视频效率高多了。

我不爱看前法官和小天津的视频，大多情况下太没谱。纯属挣钱为目的吧？

 

[小 篆]

我不爱看前法官和小天津的视频，大多情况下太没谱。纯属挣钱为目的吧？

海外华人搞中文自媒体的，还没见过一个靠谱的，老向推崇的那就更是没谱了
真靠谱的要么在国内戴着脚镣跳舞，要么靠英文直接进入西方话语体系了，只有高不成低不就的才在海外用中文捣鼓道听途说的消息。

 

[贾和平]

Trump administration painted us into a corner, and it is now time for Ottawa to walk on the paint

Political prisoners swap between China and Canada . It is a way to go.

Chrétien’s former chief of staff calls for ‘prisoner exchange’ with China to free Canadians Kovrig, Spavor

Swap for Huawei executive Meng was also proposed by Chrétien’s deputy prime minister last month

www.theglobeandmail.com

Two Michel are in jail for Trump administration over a year. We should try whatever we can to free them. Disgraceful Brian Mulroney objected it. He should have been in the jail for $us 200,000 cash bribe he accepted in the NY hotel .