Meng Wanzhou: police in effect violated her rights?

29 October, 2019

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Before Meng was formally arrested on 1 December, she was questioned for nearly three hours by Canadian border agents. She was also asked to surrender her electronic devices, which border agents searched.

By leading her to believe her detention and questioning were immigration-related – and not the result of a US arrest warrant – police in effect violated her rights under Canada’s charter, her legal team said in court filings.

[July 15 2010 Huawei’s 5G equipment in play ]

OTTAWA (Reuters) – Canada is likely to postpone a decision on whether to allow China’s Huawei Technologies Co Ltd to supply 5G network equipment until after the October federal election. The question of whether Huawei’s 5G equipment could contain backdoors allowing access to spies is dividing Canada and its partners in the Five Eyes intelligence-sharing network. The United States, Australia and New Zealand have bans in place while Britain is taking a less firm line, indicating Huawei’s 5G products could be used in less sensitive areas.

Canada is watching what Britain does very closely, Ottawa could take a similar decision. Huawei has repeatedly insisted Beijing has no influence over it.

[June 26 2019 Canada should drop extradition proceedings? ]

a96ae63c-03c1-11e9-b0d2-cf4a0f50367e_1320x770_141331

Canada should drop extradition proceedings argued a statement signed by the four legal heavyweights preparing Meng’s defence in the lead-up to her B.C. Supreme Court extradition hearing, which is expected to begin next January. Their argument speaks to the principle of “double criminality” at the heart of extradition law: that a crime in the country seeking extradition should also be considered a crime in Canada.
Besides — Meng’s legal team says the lies she is accused of making allegedly took place in Hong Kong in the presence of non-Canadian bankers. The Department of Justice said “Canada is a country that respects the rule of law”

[June 7 2019 extradition hearing January 20 2020 ]
British Columbia’s Supreme Court on June 6 3019 accepted a proposal by Meng Wanzhou’s defense team to start her hearing January 20, more than a year after she was taken into custody at Vancouver’s airport.

Defense lawyer David Martin said the schedule could allow the case to wrap up within two years, which he says would be a “record” for such a complicated case.

[May 5 2019 extradition process could take years ]

Meng Wanzhou, who is under house arrest at her Vancouver mansion, next appears in court on May 8 ahead of an extradition hearing, in a process that could take years. Canada says the United States is obliged to help, given that the U.S. arrest warrant triggered the crisis with Beijing. U.S. negotiators have rejected Chinese proposals to include the Huawei issue in their current trade deal discussions. Trump has previously suggested the charges against her could be dropped if that would help the trade talks. Officials in Ottawa have not forgotten that the president blew up last year’s Group of Seven summit in Canada by describing Trudeau as very dishonest and weak.

[April 16   Meng extradition ‘is a serious political incident’ -China   ]

The foreign ministry in Beijing and the Chinese embassy in Ottawa both issued strongly worded statements after Canada’s announcement on April 12 2019 .
“China strongly opposes Canada’s insistence to proceed with the so-called extradition of Ms Meng Wanzhou, and it has made a solemn representation,” the ministry said in a statement released on April 13 2019.
“It is a serious political incident. We again urge the US to rescind its request for the extradition of Ms Meng and call for Canada to release her immediately.”

Meng faces 13 charges of bank and wire fraud, violating US sanctions against Iran, and obstructing justice. When arrested she was carrying a iPhone 7 Plus, a MacBook Air, and an iPad Pro,

[March 22 2019 RCMP must show what was found on Sabrina Meng Wanzhou ]

The RCMP to provide copies of the content on seven electronic devices, an iPhone, an iPad, a Macbook Air, a Huawei phone, two SIM cards and a flash drive, on Meng Wanzhou when she was arrested at Vancouver’s airport. Within three days a representative of the Mounties must provide the electronics to the force’s technical crime unit so content can be extracted onto devices provided by Meng. Justice Heather Holmes of the British Columbia Supreme Court

[March 4 2019 sues about her arrest ]
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Extradition could be a long process, and Meng’s lawsuits could draw it out further.

[March 1 2019 Sabrina Meng Wanzhou’s extradition to proceed March 6 2019 ]
https://www.bbc.com/news/world-us-canada-47046264

An extradition hearing against a Huawei Technologies Co Ltd executive can proceed, a court in the Pacific province of British Columbia to start a formal extradition hearing. “The United States is a country with which we share a legal culture” and which Canada trusts, said Joanna Harrington, a law professor at the University of Alberta in Edmonton, an international human rights law specialist.

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What came up after author posted the above

[   January 30 2019   ]

The judge moved the start of her extradition hearing to March 6, a month later than previously scheduled, in order to allow the defense time to review the evidence.

https://www.justice.gov/opa/press-release/file/1125021/download

https://www.justice.gov/opa/pr/chinese-telecommunications-device-manufacturer-and-its-us-affiliate-indicted-theft-trade

A spokesman for Canada’s justice department confirmed receipt of the extradition request. A copy of the request wasn’t immediately available.

United States will proceed with the formal extradition from Canada of Huawei executive Meng Wanzhou, David MacNaughton, Canada’s ambassador to the United States said.

[December 13 2018 , arrested as she travelled to Mexico ]
December 20 2018: Chinese Foreign Ministry spokeswoman Hua Chunying identified the third Canadian as Sarah McIver, who was serving “administrative punishment” due to “illegal employment”.

Michael Spavor is a businessman based in Dandong, near the Chinese border with North Korea. He has ties to the North Korean government and has met its leader Kim Jong-un many times. Canadian foreign ministry spokesman Guillaume Bérubé confirmed that Mr Spavor had contacted them earlier in the week because “he was being asked questions by Chinese authorities”.

https://abcnews.go.com/Politics/doj-tool-trade-chinese-exec-case-official-vows/story?id=59775531

“If I think it’s good for the country, if I think it’s good for what will be certainly the largest trade deal ever made – which is a very important thing – what’s good for national security – I would certainly intervene if I thought it was necessary,” Trump

The US has until January 8, 60 days from the arrest date to turn over its full extradition case with supporting evidence.

A British Columbia justice granted bail of $10 million Canadian (US$7.5 million) to Meng, but required her to wear an ankle bracelet, surrender her passports, stay in Vancouver and its suburbs and confine herself to one of her two Vancouver homes from 11 p.m. to 6 a.m.

Former Canadian diplomat Michael Kovrig was detained. Kovrig works for the International Crisis Group, an independent conflict resolution think-tank. Saying he was “deeply concerned,” Public Safety Minister Ralph Goodale confirmed that Canada was aware a Canadian citizen was detained in China.

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Shi Yinhong, director of Renmin University’s Centre for American Studies and an adviser to the State Council, said that the Meng incident put China in a bind between the need to show it can protect its business people abroad without spooking other advanced industrial nations with a strong response against Canada.

The Global Times’ editor-in-chief, Hu Xijin,

“It is also one of China’s core interests to improve China’s relations with the U.S. and the West, and not to lead Sino-U.S. relations to the direction of a Cold War,” Hu said, at one point holding up his iPhone.

Meng Wanzhou, Huawei’s chief financial officer, John Gibb-Carsley, the lawyer representing Canada’s attorney general told a Vancouver bail hearing ,refused to visit the US, where her son attends school, which was evidence of a sustained effort to evade a criminal investigation.

Meng was arrested on December 5 as she travelled to Mexico.

[December 7 CFO of Huawei arrested while changing planes   ]

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Sabrina Meng Wanzhou, chief financial officer of China’s Huawei Technologies, 46, faces “unspecified charges in the Eastern District of New York” and was arrested when she was transferring flights in Canada.
In April, the U.S. Department of Justice opened an investigation into whether Huawei, which manufactures smartphones and other electronics, sold equipment to Iran despite sanctions on exporting to the region.  The Trump administration urged America’s allies to stop using Huawei telecommunications equipment because the Chinese company poses a security threat,    Last month New Zealand blocked Huawei from rolling out 5G mobile coverage over national security fears, following scrutiny of the firm by the UK, Japan and others.   CFO Sabrina Meng Wanzhou allegedly told employees in an earlier internal talk on compliance that there are scenarios where the company can weigh the costs and accept the risks of temporary non-compliance.

[December 3   Rise of China’s technology: 5G fearmongering?   ]

china 5g

5G development has become a bogeyman for the Trump administration .

If “big data” is the new oil of the digital era, then 5G is the next set of pipes that will deliver it – and unlike previous generations, China is determined to own more of this infrastructure, giving it mastery of its own industrial future. This not only sets it up a competitive technology clash, it also raises a number of national security issues for Western governments concerned about the integrity of 5G networks.
Phones, tablets, computers – devices such as home appliances, cars, dog collars, and many more are getting connected via the Internet of Things. 5G, which stands for “fifth generation,” is an upcoming standard for mobile telecommunications service. 5G technology will utilize a higher-frequency band of the wireless spectrum called millimeter wave that allows data to be transferred much more rapidly than the lower-frequency band dedicated to 4G. The downside is that millimeter wave signals don’t travel as far: The new 5G networks will require many more (albeit smaller) antennas spaced closer together than previous wireless generations. 5G home broadband, is essentially broadband without the cable. Of course, 5G is also much faster.

“Basically, power, money and politics is going east,” Younger said. “That’s a new political reality we need to adjust to.”

He said 5G reliance on Chinese technology was something Britain needed to discuss, though a bigger issue was the likely Chinese future dominance of emerging technologies.

Younger said he had been struck by President Xi Jinping’s “made in China” ambitions and that Beijing could within decades dominate all of the key emerging technologies, particularly artificial intelligence, synthetic biology and genetics.

“This is something we really need to think about,” Younger said. “The future of knowledge is in play.” The head the Secret Intelligence Service, or MI6, Alex Younger.
Huawei dismisses American fears about its intentions as nationalistic fearmongering. It says it has no more connection to the Chinese government than Apple or Google and that installing backdoors for spies in its network hardware or software would be tantamount to market suicide.

[ July 29 2011  China Oil corruption: Zhou Yongkang, the backer of Bo Xilai, now ensnarled   ]

China’s ruling Communist Party has put former security chief Zhou Yongkang — one of its most powerful men — under investigation.
Zhou had been a patron of Bo Xilai, who he is said to have backed for a slot on the PSC. Bo was jailed for life in September 2013 for corruption and abuse of power. Bo’s fall from grace, and that of his convicted murderer wife Gu Kailai, was China’s most dramatic political scandal since the trial of the Gang of Four after the Cultural Revolution. It was inevitable the Bo investigation would soon ensnarl Zhou too.

Zhou, 71, was born in the eastern industrial city of Wuxi in 1942, the son of a senior Communist defence procurement bureaucrat. Three years after entering Suzhou Middle School in 1958, he enrolled in the Beijing Petroleum Institute, now called the China University of Petroleum. He got his start in the 1970s as a technician for the Liaohe Oil Exploration Bureau in the northeastern province of Liaoning, home to China’s third-largest oil field.

In ordering the investigation of Mr. Zhou, Xi has broken with an unwritten understanding that members of the Standing Committee will not be investigated after retirement.
Two of Zhou’s former secretaries – Yu Gang and Ji Wenlin – and one of his former security guards, Tan Hong, faced charges over accepting bribes. Xinjiang’s former No 2 party official, Yang Gang, faced similar charges.
Mr. Zhou’s son, a sister-in-law and his son’s mother-in-law held assets worth some $1 billion, much of it in the oil and gas sector that was Mr. Zhou’s political fiefdom.
3/31/2014 China has seized at least $14.5 billion of assets from family and associates of the country’s former security chief Zhou Yongkang in the biggest corruption scandal since the Communist Party came to power in 1949
More than 300 of Zhou’s relatives, political allies and staff have been taken into custody or questioned.
The amount of money involved vastly exceeds the $2.7 billion of assets said in 2012 to be controlled by the family of former Chinese Premier Wen Jiaobao.
If the reported $14.5 billion of assets were ultimately owned by Zhou and excluded debt, his fortune would rank at No. 69 on Forbes magazine’s latest tally of the world’s billionaires.
7
1 September 2013 Jiang Jiemin is also the subject of a corruption investigation. Until March Mr Jiang was head of the China National Petroleum Corporation (CNPC), which has faced a number of corruption allegations. Another four CNPC executives were under investigation for corruption.

Historian Zhang Lifan said the investigation into Zhou showed factional struggles within the party were intensifying.

“We need to watch whether the struggle stops with Zhou. Xi might have won the ultimate victory, and it could stop there,” Zhang said. “After all, such a struggle is hurting the party, too, because it reveals to the public so many ugly things.”

[October 4 2011 Financial contagion from Chinese export dip

Yuan contagion

Yuan contagion

Now Beijing is expanding the use of the RMB in other financial centers, to allow for foreign holdings of the currency to be used for direct investment in China. According to Arvin Subramanian of the Financial Times, “the process is micro-managed, interventionist, and enclave-based – not a day seems to pass without some foreign entity, or country being granted greater but selective access to the renminbi.” Last week, the Financial Times reported that “China is for the first time to give formal backing to moves by British banks to turn the City of London into an offshore trading center for the renminbi.” Furthermore, the Economist reports that “in Singapore, banks now offer yuan deposits and bond funds. Its central bank is one of a dozen that have agreements with the Peoples Bank of China to swap their currencies for yuan.” here

As Premier Wen Jiabao famously put it back in 2007, the country’s growth is “unstable, unbalanced, uncoordinated and unsustainable.” In such a crisis, China’s economic weight would become a liability. The IMF estimates that the impact of Chinese demand on the world’s largest economies has more than doubled over the past decade. A deteriorating outlook for Chinese imports could send commodity prices plummeting, precipitating heavy losses for investors and risking financial contagion. more

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