Lawyers object to questioning of Huawei CFO

VANCOUVER - Chinese telecom executive Meng Wanzhou was unlawfully searched and questioned under the ruse of an immigration check by the Canadian side, defense lawyers said on Monday, adding that her extradition proceedings should be halted.

In a preliminary disclosure hearing at the British Columbia Supreme Court, defense lawyers asked for details from prosecutors about her arrest. They are also expected to seek the release of documents in a separate civil proceeding this week against federal police and border officials, in which they allege false imprisonment and other rights breaches.

Meng, chief financial officer of Chinese technology company Huawei, was arrested on Dec 1, 2018, at Vancouver International Airport at the request of the United States, which is seeking her extradition on fraud charges. Both Meng and Huawei have repeatedly denied any wrongdoing.

Defense lawyer Richard Peck told the court that the Canada Border Services Agency and the Royal Canadian Mounted Police delayed Meng's arrest and collected evidence for the US authorities in a "covert criminal investigation".

He laid out how border agents detained Meng under the pretense of an immigration matter and never alerted her about the US warrant for her arrest, while using passwords she volunteered to snoop through her computers and phones.

They questioned her for three hours without advising her of her rights, he said, before eventually handing her over to federal police.

"The facts establish that the CBSA and RCMP collaborated and arranged a plan to deal with Ms Meng in a way that violated her rights", Peck said.

This provided the CBSA agents "an opportunity to interrogate" Meng on behalf of the RCMP and the FBI, he said, suggesting that the US authorities have routinely "misused" immigration admissibility exams to gather evidence in criminal cases.

"The RCMP stood by and let the CBSA examine Ms Meng without advising her of the true nature of why she was detained," Peck said, adding that the CBSA secured her laptop, iPad, USB keys and mobile phone "to give to the RCMP and, eventually, in theory to give to the FBI."

Huawei issued a statement on Tuesday saying that as this issue is before the court and, as such, it would not be appropriate to provide detailed comment, but it claimed full support for her.

"We support Ms Meng completely. We believe she is innocent of all allegations. We have every confidence that she will be vindicated in keeping with the independence and fairness of the Canadian judicial process," it said.

China has repeatedly urged the Canadian side to reflect upon its mistakes, immediately release Meng, and ensure her safe return to China.

The disclosure hearing is scheduled through Wednesday this week and to resume on Sept 30 for another five days. Meng is currently out on bail, awaiting the start of her extradition hearing in January.

Afp - China Daily

(China Daily 09/25/2019 page10)