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Meng Wanzhou Hearing: Judge calls the US allegations against Huawei CFO ...
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Meng Wanzhou Hearing: Judge calls the US allegations against Huawei CFO unclear
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Aug 12, 2021
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ShanghaiEye้ญ้ฝ็ผ
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The judge presiding over the formal extradition hearing for Huawei chief financial officer Meng Wanzhou called the prosecutor's case unclear and asked if the allegations against Meng were possibly contradictory.
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346 Comments
Auggie Giuseppe
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KC Koay
KC Koay
14 hours ago
Ms Meng was detained and deprived of her freedom by the Canadian authority in December 1, 2018, allegedly at the request of the American DOJ. It clearly smacked of bad faith as the indictment against Huawei and Ms Meng was only filed on January 24,2019. That was like putting the cart before the horse, so to speak.
Conspicuously, Canada was too obsequious to do the dirty job, including arresting Ms Meng before receiving a formal “extradition request” supported by an indictment. “Putting the cart before the horse” was an abuse of judicial process.
Much more, when the indictment itself appears to be ‘shabbily’ framed, and discloses no prima facie culpability on the part of Huawei, and must less Ms Meng. In fact, it is nothing more than just a trump-up charge, premised on a “potential breach” or a breach that “could have” occurred.
Using a simple illustration, thus —
A and B are nemesis. A intend to cause grievous harm to B. But the physical action to hurt B was not carried out; and consequently, B suffers no injury.
Can A be charged for a crime of hurting B?
It is trite-law that three elements must be present to constitute a crime. Firstly, the act or conduct (“actus reus”). Secondly, the mental state of the perpetrator at the time of the act (“mens rea”); and thirdly, the concurrence or the simultaneous occurrence of both actus reus, and mens rea.
The trump-up indictment is premised on Ms Meng allegedly misrepresented or had concealed material facts from HSBC about Huawei's business dealings in Iran, via an affiliated company. And that her purported act of lying or concealment “could have put the HSBC at risk of breaching US sanctions”.
It is not difficult to see that the phrase “could have” is far from “a criminal breach having been committed.”
The fact that HSBC was not indicted for the alleged wrongdoings, ipso facto it goes to show that HSBC did not commit the act of breaching US sanction, nor was HSBC held culpable.
Premised on that, even if the indictment professes to include inchoate offence (a crime associated with the incitement of another person to commit a crime) it must fail. This is because the prosecution has failed to establish a prima facie culpability in the absence of an actual crime.
In other words, the Canadian court’s only alternative is to deny the extradition.
127
Star1234
Star1234
9 hours ago
At least there is one Canadian judge who is honest and has a conscience.
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wwj Alwys
wwj Alwys
14 hours ago (edited)
It's clearly a conspiracy of the greatest evil to destroy another human being for the sake of geopolitics.shame on you Canadians
128
Googler Wunn
Googler Wunn
12 hours ago
Fraud is a criminal offense, and therefore, if the judge herself has some doubt, then Meng should not be detained a minute longer.
37
Nawa Xings
Nawa Xings
13 hours ago
Finally the judge comes to her common sense, how is Meng Wan Zhou should be the one that needs to take responsibility for the clearing as she didn't do the clearing apart from other bogus claim of "fraud and misleading" accused by anti China prosecutors ... Free Meng Wan Zhou, free Julian Assange, Free Snowden, free the world from US poisonous tentacles ...
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A H
A H
12 hours ago
The full power of the most powerfull and corrupt nation in history trying to frame 1 woman. This will go nice in the history books.
๐๐๐๐๐ USA and Canada.
36
Aetius Flavius
Aetius Flavius
10 hours ago
I'm afraid the US feels entitled to claim extraterritorial jurisdiction over the inhabitants of the whole planet, from Julian Assange to Ms Meng.
22
Chua SC
Chua SC
12 hours ago
She should be released with compensation for wrongful detainment
37
KUM HOONG WONG
KUM HOONG WONG
12 hours ago
every president since WW2, should be prosecuted for war crimes in Cuba, Iran, Iraq, Yemen, Libya, Afghanistan, Chile, Vietnam, El Salvador, Venezuela, Panama etc
31
Danny Leong
Danny Leong
12 hours ago
Hello Meng, stay strong and stay safe, the world is behind you.
Hell was never intended for the innocents but for the devil and demons.
We'll pray hard for your release Meng ๐
The Truth Will Prevail!
The Truth Will Prevail!
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Sareeye Ma Nusqaame
Sareeye Ma Nusqaame
12 hours ago
The only crime this lady committed is working in a successful Chinese company
23
Hubrey David
Hubrey David
12 hours ago
Hopefully she can sue the government for unlawful home imprisonment.
34
Ric B.
Ric B.
15 hours ago
With KANGAROO GOV'T & A KANGAROO COURT, China have no chance for seeking justice, They already shallow their their justices & pride.
28
Lionel Wong
Lionel Wong
11 hours ago (edited)
The charge that MS Meng lied about doing business with Iran through skycom is absurd as she's doing it in Hong Kong, China not the US. China does not have sanctions against Iran and it's perfectly legal for her to do business with Iran. No need for her to lie to HSBC.
Furthermore she doesn't control HSBC as to how they conduct the transaction for Huawei. That's not her business.
It's HSBC that's responsible for using Swift payment settlement that violated US's sanctions against Iran, not Ms meng or Huawei.
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steely dan
steely dan
13 hours ago
This is democracy and human rights on display to the world that translated to kangaroo court and sinophobia .
43
Eddie Cheang
Eddie Cheang
12 hours ago
Trump was quoted as saying that he'd have Ms Meng released if China gives way to his trade and economic demands. If the detention of Ms Meng is not political then what is? Ottawa must do the right thing, the world is watching!!!!!
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CHIEW KEOW PANG
CHIEW KEOW PANG
12 hours ago
If and when Mdm Meng is set free, please seek justice and make Canada pay for all this nonsense.
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