Last Wednesday, a Canadian court claimed that a Huawei executive detained in Canada may be free to leave the country pending the finality of the court's decision. The judge claimed that the charges accused of the executive of fraud couldn't prosper in Canada as the application is not deemed applicable in Canada's jurisdiction.
Last Thursday, Canadian Associate Chief Justice Heather Holmes announced that Meng Wanzhou, the daughter of Huawei's founder and chief executive officer of the company, cannot be detained in Canada as the charge of fraud against her cannot prosper in their jurisdiction.
The report claimed that the Canadian Department of Justice Lawyer Robert Frater told Holmes that the Meng is prohibited from leaving Canada over because fraud is the heart of her case. He claimed that she had been lying to HSBC bank about Huawei's dealings with Iran.
However, Frater claimed that the charges cannot be tried in Canada and that the case must be dismissed because the misrepresentation alleged by the United States of Meng is focused on US sanctions, a law that does not exist in Canada.
Fenton then added that there could be no fraud imposed on Meng in Canada and that if the judge would rule that she should not be charged with the crime in Canada, she would be free to leave the country.
This week's hearing encompassed the question as to whether the US charges against Meng were crimes in Canada as well, her present location and under which such jurisdiction was called to try the case. Meng's lawyers claimed that the law cited in the case concerned US sanctions against Iran and that the charges did not involve the designation of the crime of fraud against Meng in Canada.
Last December 2018, Meng was arrested in Vancouver's airport by virtue of the US's request to detain her as she kept changing her flight plans. The US Justice Department claimed that Meng, by using a Hong Kong shell company, sold equipment to Iran. The US justice department, as a violation of its laws considered the said transaction by committing fraud. The US alleged that Meng misled the HSBC bank about her business dealings with Iran.
At present, Meng is out on bail and is currently staying in one of her Vancouver mansions. The second phase of her extradition hearing in Canada is scheduled for June. During which, the Canadian judge would look into the defense allegations suggesting that the Canada Border Services, the Federal Bureau of Investigation (FBI), and the Royal Canadian Mounted Police violated Meng's rights since she was arrested while gathering evidence for her case.
According to Beijing, Meng's case is the US's attempt to contain the rise of China in the technological sector. Huawei, the tech giant of the company, was allegedly becoming a technological power and has been subjected to US security concerns in recent years.
