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

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https://www.thestar.com/opinion/edi...-justice-department-is-truly-independent.html

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Prime Minister Justin Trudeau says there was no interference from his government in the decision to arrest a senior executive of the Chinese telecom giant Huawei Technologies, a move that has put Canada on a collision course with Beijing.

There’s no reason to doubt what he says; the Canadian judicial system is as free of political pressure as any in the world.

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Huawei Finance Chief Meng Wanzhou has been arrested in Canada at the request of the United States. (Mfc/Ropi / TNS)

But can the same be said these days of the U.S. Department of Justice, at whose request a Vancouver court is considering the possible extradition of Meng Wanzhou, chief financial officer of Huawei, to face charges of violating U.S. sanctions against Iran?

Canada may well be obliged to send Meng to face the charges in New York under Canada’s extradition treaty with the United States. But the underlying principle of such a treaty is that each country has confidence that the legal system of the other is grounded in the independent rule of law and not liable to be used as a political tool.

That’s why Canada doesn’t have an extradition treaty with the likes of, say, China. No one believes China’s courts are free from pressure by the government and the ruling Communist Party.

In the Huawei case, though, we are asked to accept that at a time of high tension between Washington and Beijing, focused on trade but involving a broader struggle for leadership of the world economy, it’s just a coincidence that the American Justice Department picked this moment to ask Canadian authorities to arrest and possibly extradite one of the most senior leaders of China’s premier international technology company.

There’s no connection, says the White House, between the arrest and the fact that Washington has been on a campaign to prevent Huawei from taking a leading role in next-generation 5G communications technology. At stake is who will dominate future global telecom networks, and there’s genuine concern that allowing Huawei to emerge on top would open the door to industrial espionage on a massive scale by a company tightly linked to the top levels of the Chinese government.

That, at least, is the line from the likes of Peter Navarro, President Donald Trump’s senior adviser on trade (and a noted hawk on China). He told Fox News the White House had no prior knowledge of the arrest and the Justice Department “acts independently” in such matters.

On the other hand... CNN reports that a “Trump administration official” says “the view among some officials is that (Meng Wanzhou) could be used as leverage with China in trade talks.” The Wall Street Journal editorializes that “the arrest is best understood as an attempt to get Beijing to stop abusing global trade norms.” Other reports suggest the arrest warrant was actually issued as part of a campaign by anti-China hardliners in the administration to derail trade talks between Washington and Beijing.

Regardless, it’s hard to accept that this was a totally hands-off move by the Trump Justice Department. Especially when the president himself has politicized the rule of law when it comes to corporations he doesn’t like. He’s taken aim at such companies as Amazon (whose CEO owns the Washington Post), General Motors (which is closing factories in states that voted for Trump), and AT&T (which owns CNN, his favourite media whipping boy).
 
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The arrest of Huawei executive Meng Wanzhou may inflame diplomatic and trade tensions with China, but Canada's extradition treaty with the United States left it with no choice but to detain her, says a legal expert.

"If the application from the requesting state is in order, then Canada is legally obliged to arrest her," said Rob Currie, a Dalhousie law professor who focuses extensively on extradition law.

"Most extraditions are not terribly contentious. It so happens that this one is and has massive international political dimensions to it."

Meng, the chief financial officer for the Chinese telecom giant Huawei, was arrested Dec.1 in Vancouver for extradition to the United States to face fraud charges. U.S. authorities allege she used a Huawei subsidiary to do business in Iran in violation of U.S. sanctions and lied to bankers about the corporation's ties with the subsidiary.

Under the terms of the extradition treaty, the U.S. could request Meng's arrest in Canada if she was wanted in connection with conduct considered criminal in both Canada and the United States, and if the offence carries a jail sentence of a year or more. Once that threshold is met, the treaty compels Canada to act.

"The appropriate authorities took the decisions in this case without any political involvement or interference ... we were advised by them with a few days' notice that this was in the works," Prime Minister Justin Trudeau told reporters in Montreal Thursday.

What happens next?
Meng appeared at a bail hearing in Vancouver today. That hearing was separate from the actual extradition process, which could take months.

The U.S. has to make a formal extradition request within 60 days of Meng's arrest and send the supporting documents to the International Assistance Group, the specialized branch within the Department of Justice that handles extradition.

Within 30 days of receiving those documents, the IAG would advise Justice Minister Jody Wilson-Raybould on whether a formal extradition hearing would be justified.

Under the treaty with the U.S., Canada cannot arbitrarily refuse to issue an authority to proceed. But once the formal extradition is made, Wilson-Raybould can exercise ministerial discretion.

Canada's extradition laws give Ottawa the power to reject requests that it considers oppressive or politically motivated, a back door known as the "political offence exception." For example, extradition requests that seek to prosecute people for their race, religion, sexuality or political opinions would be out of order.

Canada typically refuses to extradite people to jurisdictions where they would face the death penalty unless it receives assurances that the person being extradited would not be killed.

If Meng's case goes to an extradition hearing it would be before a Superior Court judge, with lawyers from Canada's International Assistance Group acting on behalf of the United States.

An extradition hearing is not a trial. Meng would not be allowed to call witnesses or present evidence in her defence. Judges in extradition hearings don't decide on innocence or guilt; they simply determine if the evidence provided by a foreign government is sufficient to justify going to trial and, consequently, the extradition itself.

If the judge in Meng's extradition hearing decides the U.S. request isn't justified, she'll be discharged and released from custody.

If extradition is ordered, Meng's case goes to Wilson-Raybould's office for review. The minister ultimately would decide whether the extradition could go forward after hearing submissions from Meng's lawyers. Any trial in Meng's case would take place in the U.S., under American law.

Currie said the political offence exception could be raised at the point where Meng's file crosses Wilson-Raybould's desk.

"The idea of refusing an American extradition request on political grounds is really, really unheard of and controversial," he said. "And yet I would say it is definitely something that would be argued by Ms. Meng's lawyers in this case."

Meng also has the right to appeal the extradition judge's decision and apply for a judicial review of the minister's decision all the way up to the Supreme Court of Canada.

Speaking to journalists Friday, Foreign Affairs Minister Chrystia Freeland said she has sent a message of reassurance to Beijing through John McCallum, Canada's ambassador to China.

"And he has assured China that due process is absolutely being [followed] in Canada and consular access for China to Ms. Meng will be provided," she said, "and that we are a rule-of-law country and we will be following our laws as we have thus far in this matter, and as we will continue to do."

Critics say Canada too quick to extradite
Critics of Canada's extradition law say it sets the bar too low and can lead to significant miscarriages of justice. They point to the Hassan Diab case — which saw an Ottawa academic spend more than three years in a French prison on suspicion of involvement in a terrorist attack. Because the case against him was so weak, he was never formally charged.

Diab ultimately was sent back to Canada and has been campaigning for a public inquiry into how his case was handled. French prosecutors are appealing Diab's release.

The data suggest Meng is likely to be turned over to the U.S. if Wilson-Raybould gives the authority to proceed with an extradition hearing.

Department of Justice figures show that 90 per cent of the individuals arrested for extradition in the last decade were eventually surrendered by Canada to the countries asking for extradition.
 
香港特首开腔回应孟晚舟多本香港护照
www.creaders.net | 2018-12-10 21:10:17 香港01 | 3条评论 | 查看/发表评论
  

  香港特首林郑月娥当地时间12月11日出席行政会议前,首次开腔回应华为首席财务长孟晚舟持有香港护照的情况,指入境处已覆检孟晚舟的个案,确认她“任何时候只是持有一本有效的特区护照”。  

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 林郑月娥回应孟晚舟案,称任何时候只能有一本香港特区护照


  据报道,林郑指,孟晚舟被捕已成为外交事件和处于司法程序,本应不宜评论个案,但鉴于部分人关注她持有的护照,入境处已发表两则声明说明政策外,12月10日亦已覆检个案,并说明孟晚舟获发特区护照的情况是与现今入境政策一致。

  她说,“她自从拿了香港永久居民身份后,多次申请过香港特别行政区的护照,每一次申请理由都属于我们可以接受的特定理由,如损坏或个人资料改变。”她强调,每次孟晚舟获发新护照时,旧特区护照已注销,所以“她在任何时候只是持有一本有效的特区护照”。

  入境处一直都表示不评论个别个案,林郑指,今次政府澄清事件,是“恐怕别有用心的人会利用事件对香港造成伤害”,如外界对特区护照有怀疑,就会影响几百万港人出外旅游,但她强调,政府原则不变,日后市民不能期望政府每次都翻查个案,怕会侵犯个人私隐。

  她指,入境处非“调查”孟晚舟,只是“翻阅和睇返file(文件夹)”,而除了“年、月、日、号码”,形容自己所言的已是事实之全部,希望公众明白政府运作是“基于互信”,重申今次破例评论个案,是因为“部分人士可能会将事件作不必要的政治炒作”,“你可能会话我‘谂多咗’,但我作为行政长官,我要维护市民的利益吧?因为个案被人炒作,有些国家说‘我重新看是否给予你免签证’,这件事是好大件事。” 据悉,华为集团副董事长孟晚舟被指持有至少三本香港特区护照,香港保安局局长李家超12月10日回应称不评论个别案件,但重申任何申请特区护照的人士,只可获发一本有效特区护照。他说,同时拥有三本有效的特区护照既不正常也不应该发生。

  香港电台引述李家超解释,当香港市民更改个人资料、护照快要到期、页数将近用完,或者护照有破损,入境处都可接受更换新护照。处方会要求申请人先交出旧护照注销,再发出新护照,每次更换护照都会有新号码。
 
司法部压根找个理由不下令抓人呢? 

万一60天内美国不正式提出引渡请求呢? 

这类案子,说政府不干预/不能干预,那就是个挡箭牌。
估计美国要不要人取决于跟中国的谈判。如果顺利,就不要人,如果不顺利,就要求引渡。

无论要不要人,总之,加拿大是背锅背定了
 
革命群众才不理你呢!
革命群众在哪呢?我看超大多数都是看热闹不嫌大的吃瓜:D革命真来,跑的比谁都快:D
 
https://www.cnn.com/2018/12/09/tech/meng-wanzhou-hearing-huawei-tensions/index.html


The United States has 60 days from the date of a provisional arrest to provide Canada with its formal extradition request and supporting documents. Canada's Justice Department then has 30 days to weigh the request and greenlight an extradition hearing in which the request is weighed by a judge.
60+30=90 这题做不错:shy:

越看越像按剧本在演啊,法庭外比法庭内估计更热闹。。可惜新贵孟CFO的份量还够不上当年奥匈帝国的斐迪南大公:shy:
 
革命群众在哪呢?我看超大多数都是看热闹不嫌大的吃瓜:D革命真来,跑的比谁都快:D
你回国站大街上高喊“我是加拿大人”试试看[emoji12]
 
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