The chief financial officer of Huawei intends to attempt a stay on extradition proceedings in part as based on the statements made by Donald Trump, the President of the United States of America, regarding the case, which her lawyers assert disqualifies the United States from pursuing the matter in Canada.
Meng Wanzhou is the daughter of Ren Zhengfei, the billionaire founder of Huawei Technologies Co Ltd. She was arrested at Vancouver’s airport last December on a U.S. warrant and is fighting extradition on fraud charges that she misled global banks regarding the relationship of Huawei with a firm that is operating in Iran.
In a document, the defence lawyers of Meng said that she has been unlawfully detained in Canada and that there is no evidence that she misrepresented to a bank the relationship of Huawei with Skycom, a firm operating in Iran, thereby putting the bank at risk of violating sanctions law of the United States, or that the bank relied on her statements.
The bank has been later identified as HSBC. HSBC did not respond to requests for comment regarding the matter.
Previously, Huawei has said Skycom was a local business partner that is based in Iran, while the United States maintains that it was an unofficial subsidiary that was used to conceal the business of Huawei in Iran.
Scott Fenton, the Meng defence lawyer, told the court that during her three-hour detention last December, the rights of Meng “were placed in total suspension.”
The lawyers also claim that Meng cannot be extradited since Canada should not extradite a person to face punishment for conduct that is not considered criminal in Canada.
The bank and wire fraud charges do not meet that criteria since Meng are accused of encouraging HSBC to engage in transactions that violate the sanctions laws of the United States. However, there would be no risk of fines or forfeiture for any bank in Canada.
In court documents, the lawyers said: “Put another way, the alleged offence could only exist in a country that prohibits international financial transactions in relation to Iran.”
It added: “Canada is no longer such a country.”