孟女士的审判结束了,法官表示两个月后她能比较好的估计什么时候能做成判决

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Decision on Meng Wanzhou extradition rests with judge as marathon hearing concludes

More than two-and-a-half years after Meng Wanzhou first stepped into a Canadian courtroom, legal arguments at the Huawei executive's marathon extradition hearing concluded Wednesday.

A final decision on whether to render Meng to the United States to face fraud charges now rests with B.C. Supreme Court Associate Chief Justice Heather Holmes, who isn't expected to deliver a verdict for months.

The hotly contested legal battle has seen the case picked apart in minute detail by Meng's team of prominent defence lawyers and Crown prosecutors led by the Justice Department's chief counsel, Robert Frater.

True to form, the arguments concluded with a pithy Crown response to a defence case mounted over three days, and then a defence reply to the reply.

"No one has received a fairer extradition hearing in this country than Ms. Meng. Even to the point of getting the last word," Frater told the judge after Meng's lawyer stopped speaking.

Holmes reserved her decision Wednesday, setting a next appearance in the proceedings for Oct. 21. She said she would not have a verdict at that point, but expected to have a better idea of when one might be delivered.

Meng is the chief financial officer of Huawei and the daughter of the Chinese telecommunications giant's billionaire founder, Ren Zhengfei.

The U.S. wants to extradite her to New York, where she faces fraud charges related to an allegation that she misled an HSBC executive in Hong Kong in August 2013 during a meeting called after a series of Reuters reports that suggested a Huawei subsidiary had violated economic sanctions against Iran.

Prosecutors claim Meng gave a PowerPoint presentation that left the impression the subsidiary — Skycom — was a "controllable" local business partner, obscuring the fact that Huawei and Skycom were the same entity.

PODCASTSanctioned: The arrest of a telecom giant
The Crown argues that HSBC's risk committee relied on Meng's alleged misrepresentations in deciding to continue handling Huawei's business transactions, putting the bank at risk of loss or prosecution for sanctions breaches.

Holmes has to make her decision based on a so-called "record of the case" provided by U.S. officials. The documents, which are held to be presumptively reliable in order to speed up the extradition process, provide a narrative of key events and testimony expected from witnesses.

The judge has to determine whether there would be enough evidence to send Meng to trial for fraud in Canada if her alleged offences had occurred in this country.

'Not the truth, the whole truth and nothing but the truth'
During their submissions, Meng's lawyers claimed that her PowerPoint presentation was not misleading, that HSBC suffered neither material loss nor concrete threat to its reputation and that none of Meng's actions had been shown to cause any alleged harm to the bank.

Frater dismissed those arguments point by point.


Wanzhou emerges from her vehicle at B.C. Supreme Court in 2020. She wears a GPS-monitoring bracelet on her ankle as part of her bail conditions. (Ben Nelms/CBC)
"My friends have offered you an alternative narrative … that depends on asking you to draw alternative inferences and effectively asks you to ignore important features of the [record of the case] as well as the PowerPoint itself," Frater said.

The Crown lawyer said the defence had undertaken a "Herculean" task in trying to argue that Meng's description of Huawei's relationship with Skycom was not misleading.

"There was some truth," he admitted. "But we say, not the truth, the whole truth and nothing but the truth."

In a tweet, Huawei Canada said the company "has been confident in Ms. Meng's innocence and has trusted the Canadian justice system" from the start.


The social media post also noted the questions Holmes asked during the hearing and media reports which said she viewed the U.S. charges "with skepticism."

The judge has been an active participant throughout the proceedings and posed more questions for Frater Wednesday about the knowledge of various players in the complicated commercial dealings underpinning the case.

Her question spoke to the defence's contention that Meng could not have foreseen the kind of transactions that HSBC would have taken in regards to Skycom at the time that she gave her PowerPoint presentation.

Frater said the specifics of the judge's question might not be addressed in the record of the case, but that the "only reasonable inference" is that the sophisticated executives involved would have known how business works.

Alleged abuse of process
In addition to a decision on the extradition request itself, Holmes will also have to decide on four separate defence applications to stay the proceedings because of alleged abuses of process.

Meng's lawyers spent months arguing that she was used as a political pawn by former U.S. president Donald Trump; that Canadian authorities violated her rights; that the U.S. misled Canada about the strength of the case; and that the U.S. lacks jurisdiction to prosecute a Chinese citizen for actions that took place in Hong Kong.


Wanzhou poses for pictures with friends on the steps of the BC Supreme Court in Vancouver on May 23, 2020. Her victory lap proved to be premature. (Ben Nelms/CBC)
The case has roiled relations between Canada and China, with China calling frequently for Meng's release.

Chinese authorities detained two Canadians within days of Meng's arrest and have held both former diplomat Michael Kovrig and entrepreneur Michael Spavor in prison on charges of espionage ever since.

Both men have been tried, but no evidence has been publicly disclosed. Spavor was sentenced to 11 years in jail last week; a verdict against Kovrig has yet to be delivered.

Canadian Michael Spavor found guilty of spying, sentenced to 11 years in prison by Chinese court
Most observers believe the men are being held in retaliation for Meng's arrest.

Meng was released on $10 million bail within a week of her arrival in Canada under an arrangement that sees her wearing a GPS monitoring bracelet on her left ankle and accompanied by security guards around the clock.

She has to be at home at night to comply with a curfew, but can move around parts of Vancouver and the North Shore during the day. She lost a bid to loosen her bail restrictions earlier this year.

Meng Wanzhou's defence wraps extradition case, arguing 'fundamental justice' demands Huawei exec's discharge
Crown claims Meng Wanzhou's 'dishonesty' sits at the heart of fraud alleged in extradition request
Holmes has delivered big decisions in the case before, but predicting outcomes has proven to be a risky business for Meng.

In May 2020, Meng posed on the courthouse steps with a group of friends for what appeared to be a premature victory lap in advance of a ruling that could have seen her headed back to China if Holmes had decided the offence Meng is accused of would not be a crime in Canada.

Days later, Meng found herself in court, head bowed, as Holmes said the extradition hearing should proceed.
 

chicago666

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情况不妙,只能进一步等待中美下一步博弈了。中方大概也预计到了结果
 

gocanoeing

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情况不妙,只能进一步等待中美下一步博弈了。中方大概也预计到了结果
就算这次输了,亿万富姐继续把官司打下去就是了,可能拜登离任都不见得会完
 

茶马盐铁

我想看看自定义头衔到底能有多少字。继续加,看系统什么时候把这个字符串截断。呃,居然还有?那就继续吧。
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情况不妙,只能进一步等待中美下一步博弈了。中方大概也预计到了结果
无所谓吧, 这次无论是检方赢,还是辩方赢, 都能继续上诉。 这官司还有的打。
 

茶马盐铁

我想看看自定义头衔到底能有多少字。继续加,看系统什么时候把这个字符串截断。呃,居然还有?那就继续吧。
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gocanoeing

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两个月才能估计个时间,法官可真是个不要脸的职业啊
在加拿大这叫jurisprudence

再说亿万富姐孟女士住着千万豪宅,估计也不急
 

lindamy

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在加拿大这叫jurisprudence

再说亿万富姐孟女士住着千万豪宅,估计也不急
估计诈骗罪判下来,刑期也差不多坐满了。
 

qwas

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所在地
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即将结案 过去的32个月孟晚舟经历了什么​

:第一财经
2018年12月1日,华为CFO孟晚舟途径温哥华机场被加拿大边境服务局(CBSA)以应美方要求为由“逮捕”。至今,已经过去了32个月。
据央视新闻客户端消息,按照法庭的排期,预计法庭将于当地时间8月18日结束本案的全部审理,孟晚舟引渡案的审理阶段因此将于18日全部结束。在19日早间记者获得的最新消息中,法官决定延期宣判,下一个听证会定在当地时间10月21日早上9:15。但法官表示10月21日也不会做出最终裁决,但会在那时公布最终裁决时间。
华为加拿大公司发布声明称,“孟晚舟女士在被捕多年后,被指控的多个欺诈案,没有一个能证明造成实际伤害。”
即将结案
在当地时间8月17日上午10点,代表孟晚舟的辩方律师继续法庭陈述。辩方律师表示,美方对孟晚舟所谓的“欺诈”指控没有给汇丰银行造成任何实际的损失,甚至名誉损失也不存在。美方提交的用于要求引渡的主要法律文件——《案件记录》使得本案存在“证据真空”,美国试图用“有根据的猜测和推测”来弥补其针对孟女士的证据中的漏洞。
在第一财经记者获得的一份庭审记录中,孟晚舟的辩方律师指出,按照加拿大的反欺诈法,指控欺骗行为,必须要有具体证据可以证明相关欺骗行为引发了实际损失或具体的损失风险,这些风险不能是基于遥远未来的预设或者假设。孟晚舟的陈述没有使汇丰面临任何实际的、可量化的风险损失,不满足加拿大欺诈法损失要件的要求,因此案件不成立。
此外,辩方律师表示,在美国起诉案件记录(ROCs)中,没有任何证据证明,汇丰银行因孟晚舟的PPT陈述遭受了切实的、附有金钱损失的名誉声誉风险。单纯的声誉风险不是欺诈法保护的利益,而是需有具体、现实的证据证明,受害者因欺诈行为,受到了附有现实金钱损失、损失风险的声誉损害。
1_220Z25I7_0.jpg
在此前发布的声明中,华为表示,仍然坚信孟晚舟是清白的,将继续支持孟女士寻求正义和自由。
8月16日,外交部发言人华春莹于记者会上强调:“我们敦促美方立即撤销对孟晚舟女士的逮捕令和引渡要求,加方立即纠正错误,释放孟晚舟女士,并让她尽快平安回到祖国。”
孟晚舟曾主导华为财经业务改革
除了是华为的CFO外,孟晚舟的另一个身份是华为创始人任正非的女儿,1987年,华为成立,1993年,孟晚舟加入华为。
孟晚舟曾在题为《海纳百川,有容乃大》的内部文章中回忆,1993年,刚刚进入华为工作最初的那几年,她承担了总机转接和文件打印等工作,琐碎且辛苦。“我是华为早年仅有的三个秘书之一。”
任正非曾对孟晚舟说,社会阅历的第一条是对人要有认识,打杂的经历有助于积累这些经验。
1997年孟晚舟去了华中理工大学读硕士,学会计,一年半学成,又回到了华为的财务部门,这才真正开始了她在华为的职业生涯。孟晚舟曾历任公司销售融资与资金管理部总裁、账务管理部总裁、华为香港公司首席财务官,以及国际会计部总监。
2011年,华为上任CFO梁华卸任,在华为财务工作18年的孟晚舟正式出任公司常务董事、CFO。
而在此前的董事会换届选举中,孟晚舟当选为副董事长。华为表示,在近年来华为业务快速发展及全球化运营的过程中,她主导了公司财经体系的规范化、职业化体系建设,成功地实施了财经管理变革。
孟晚舟引渡案时间轴
 
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