Defense argues Meng Wanzhou's arrest is unlawful

Defense lawyers for Huawei's CFO Meng Wanzhou said in a Vancouver courtroom that her arrest and detention in Canada were unlawful and that she is the victim of an abuse of power.

Meng's defense lawyers said in a document presented to the British Columbia Supreme Court on Wednesday at a pre-extradition hearing that they intend to apply for a stay of the extradition proceedings, arguing that the case against her is flawed.

Meng appeared at the court in the latest step in her extradition hearing. She was detained at Vancouver International Airport on Dec 1 at the request of US authorities.

Lawyer Scott Fenton said he plans to make an argument based on "double criminality" related to different sanction and fraud laws in the United States and Canada. He argued that she shouldn't be extradited to the US because she hasn't committed fraud under Canadian law.

Fenton also argued that US President Donald Trump's comments on Meng's case are politically motivated and it's "intimidating and corrosive to the rule of law". Trump said he would consider intervening in the case if it would help forge a trade deal with China.

Speaking outside the court, Huawei Canada's vice-president of media affairs Benjamin Howes told media that Huawei has expressed confidence in Meng's innocence.

"We have maintained that her US-ordered arrest was an unlawful abuse of process — one guided by political considerations and tactics, not by the rule of law," he said.

According to Howes, it was made clear in court that business activities by Meng were conducted openly and transparently with full knowledge of banking officials.

Meng's counsel argued in court that there is no evidence she misrepresented to a bank Huawei's relationship with a company operating in Iran called Skycom, thereby putting the bank at risk of violating US sanctions law, or that the bank relied on her statements to its detriment.

The lawyers claim the bank understood the relationship between Huawei and Skycom.

"Therefore, no evidence to prove that Meng committed acts of 'deceit, dishonesty, or other fraudulent means' or the bank was placed at a risk of deprivation by relying on Meng's presentation," said Howes.

Yves Tiberghien, professor of political science and director at the University of British Columbia China Council, said the initial arrest of Meng was very "unfortunate" even if the extradition treaty with the US ties Canada's hands.

"In discussions I had in Europe last month, I heard senior Europeans express the opinion it was inexplicable for Canada to arrest Meng in the first place, since the current international context is one where the US is breaking international law on Iran (by pulling out of the UN-approved Joint Comprehensive plan of action), rather than China," Tiberghien told China Daily.

According to Tiberghien, the initiation of the case is related to US foreign policy and not rule of law, which is called "lawfare".

"Canada became a pawn in this unilateral set of actions by the US against both Iran and Huawei, thanks to the US dominant position in international affairs and in the international banking and payment system," he said. "For Canada, it was very hard to treat this case separately from normal extradition cases. Yet, this is clearly not a classic extradition case."

The case has set off a diplomatic friction. Wu Jiaming, executive president of Peace and Development Forum of Canada, said "let the mischief-maker undo the mischief", Canada should have Meng's case thrown out.

"As more and more facts are disclosed, Canadian justice should play the rule impartially and reject American request of extradition based on its political factors," Wu said. "It is hoped that the Canadian government could resolve the crisis as soon as possible and continue to promote friendship and cooperation with China, which is beneficial to both countries."