May 27, 2020

Rule of Law: Vancouver Law Courts Building, Robson Square

Associate Chief Justice H. Holmes of the Supreme Court of British Columbia ruled against Meng Wanzhou on Wednesday 27TH May in her challenge to extradition to the US. She argued that the “double criminality” requirement for her extradition to the Eastern District of New York could not be met because her conduct related entirely to conduct in the US. For the committal hearing, the Attorney General had to demonstrate that Meng’s conduct would have been fraudulent if it had taken place in Canada.

Holmes determined that the “allegations depend on the effects of US sanctions” and that “those effects may play a part in the determination of whether double criminality is established.” Thus, she found that the double criminality requirement is “capable of being met in this case,” and she dismissed Meng’s application.

Meng was the CFO of Huawei, the world’s largest telecommunications equipment manufacturer. The US Department of Justice filed  criminal charges against the company and its affiliates in 2019 for “bank fraud, wire fraud, various conspiracy acts and violations of the International Emergency Economic Powers Act.”

The charges include allegations that Huawei lied to US officials and agencies regarding its relationship with the Iran company Skycom. Meng served on the board of directors of Skycom and is said to have participated in deception.

This comes as a big blow to Huawei as well as the Chinese Government which had very openly resisted the claims of any wrong doing by Meng.

See the order of the court