MACAU DAILY TIMES 澳門每日時報

Top Menu

  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia

Main Menu

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • Our Team
  • Editorial Statute
    • Code of Ethics
    • Privacy Policy
    • Terms and Conditions
  • Archive
    • PDF Editions
  • Contacts
  • Extra Times
    • Drive In
    • Book It
    • tTunes
    • Features
    • World of Bacchus
    • Taste of Edesia
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
logo
FOUNDER & PUBLISHER Kowie Geldenhuys
EDITOR-IN-CHIEF Paulo Coutinho
Macau,

MACAU DAILY TIMES 澳門每日時報

  • Home
  • Macau
    • Photo Shop
    • Advertorial
  • Interview
  • Greater Bay
  • Business
    • Corporate Bits
  • China
  • Asia
  • World
  • Sports
  • Opinion
    • Editorial
    • Our Desk
    • Business Views
    • China Daily
    • Multipolar World
    • The Conversation
    • World Views
  • “Luminous Brilliance: The Artistry of Zibo Liuli” Opens This October at POLY MGM MUSEUM in Macau

  • Gov’t rolls out 10-week spending drive with three stackable voucher types

  • Uber’s numbers climb, but users see little change

  • The Chinese Library welcomes autumn at Tai Kwun

  • DSEDJ will implement AI-based education across all school stages

  • Property firm busted for selling foreign worker quotas in RMB1 million scheme

China
Home›China›The odds of Huawei’s CFO avoiding extradition are just one in 100

The odds of Huawei’s CFO avoiding extradition are just one in 100

By -
Monday, January 20, 2020
136
0
Share:

Meng Wanzhou, chief financial officer of Huawei Technologies Co., leaves her home in Vancouver

Huawei Technologies Co. Chief Financial Officer Meng Wanzhou has joined Carlos Ghosn in the 1% legal club.
Those are the odds that the Chinese executive will win her bid to avoid extradition to the U.S., similar to the chances of acquittal for the auto titan-turned-fugitive in Japan. While Ghosn fled Japan in a big black box for Lebanon, Meng squares up to begin extradition hearings in a Vancouver court today, 13 months after she was arrested on a U.S. handover request.
The hearings offer her first shot – however slim – at release as a Canadian judge considers whether the case meets the crucial test of double criminality: would her alleged crime have also been a crime in Canada? If not, she could be discharged, according to Canada’s extradition rules.
“There’d be nothing holding her – bail restrictions, house arrest, all of that would be eliminated,” said Michael Klein, a Vancouver lawyer who worked alongside Meng’s lawyers in a 2004 extradition case. “Just like if you’re acquitted in a criminal case, the Crown may appeal, but that person’s a free person.”
Meng, the eldest daughter of billionaire Huawei founder Ren Zhengfei, has become the highest profile target of a broader U.S. effort to contain China and its largest technology company, which Washington sees as a national security threat. The U.S. accuses her of fraud, saying she lied to HSBC Holdings Plc to trick it into conducting transactions in breach of U.S. sanctions on Iran. Meng, who turns 48 next month, is charged with bank and wire fraud, which carry a maximum term of 20 years in prison on conviction.
“In most extradition cases, double criminality is an easy piece of analysis,” says Brock Martland, a Vancouver-based criminal lawyer.
In Meng’s case, it’s not, which may help nudge her into the 1% of defendants in Canada who have historically beaten extradition orders to the U.S.
Her defense has argued that the U.S. case is, in reality, a sanctions-violations complaint that it’s sought to “dress up” as fraud to make it easier to extradite her. Had Meng’s alleged conduct taken place in Canada, the transactions by HSBC wouldn’t have violated any Canadian sanctions, they say. Canada’s federal prosecutors counter the underlying offense is fraud because she lied to HSBC, causing them to miscalculate Huawei’s risk as a creditor and conduct transactions it otherwise wouldn’t have.
“In essence, this is a case of U.S. sanction enforcement masquerading as Canadian fraud,” Meng’s defense said in documents released Friday. If it were only about fraud, the U.S. would have no legitimate reason to go after Meng because “the U.S. is not actively policing the world for foreign nationals who mislead foreign banks to get loans or other financial services.”

Hong Kong teahouse
Another potential sticking point is that Meng’s alleged misconduct didn’t take place in the U.S. or Canada – it rests heavily on a 2013 meeting at a Hong Kong teahouse between Meng and an HSBC banker.
“Canadian fraud laws do not have an extraterritorial reach,” said Ravi Hira, a Vancouver-based lawyer and former special prosecutor. “If you commit a fraud in Hong Kong, I can’t just prosecute you in Canada.
While the double-criminality hearings are scheduled for four days, the ruling would likely come much later – possibly in months.
Being trapped in the middle of a trade war has brought the luxury of time. Before her arrest, Meng traveled so frequently for the world’s largest telecommunications equipment maker that she’d gone through at least seven passports in a decade. These days, she passes her time oil painting and pursuing an online doctorate. Phone calls with her father have gone from once a year to every few days.
“If a busy life has eaten away at my time, then hardship has in turn drawn it back out,” Meng wrote in a poignant letter to her supporters last month on the one-year anniversary of her arrest. “It was never my intention to be stuck here so long.”

Ghosn escape
Meng would find it harder to pull a Ghosn. She’s under 24-hour surveillance by at least two guards at her CAD13 million ($10 million) mansion. Her whereabouts are recorded continuously by a GPS tracker on her left ankle. While she’s allowed to roam a roughly 100-square-mile patch of Vancouver during the day accompanied by security, any violation – including tampering with the device or venturing anywhere near the airport – would automatically alert police. She’s posted bail of CAD10 million, of which CAD3 million came from a group of guarantors, some of whom pledged their homes as collateral. Fleeing would cost them all.
If the court finds her case fails the double-criminality test, Canada’s attorney general would have the right to appeal within 30 days. In theory, she could be on a plane back to China well before that, says Gary Botting, a Vancouver-based lawyer who’s been involved in hundreds of Canadian extradition cases.
Of the 798 U.S. extradition requests received since 2008, Canada has only refused or discharged eight, according to the department of justice. That’s a 99% chance of being handed over – similar to the conviction rate in Japan. Another 40 cases were withdrawn by the U.S.
Still, that’s fractionally better than the odds of two Canadians detained in China, where the conviction rate currently stands at 99.9%, according to Amnesty International.
That’s if Michael Kovrig and Michael Spavor ever make it to trial. The two men were thrown in jail on spying allegations just days after Meng’s arrest in December 2018. Last month, the Chinese government confirmed their cases were transferred to prosecutors, raising the possibility they might finally get access to lawyers.
As of last week, that hadn’t happened yet for Kovrig, according to the International Crisis Group, his employer. The former diplomat has been allowed one consular visit a month; in between, he’s unreachable. Communication with his family is limited to letters exchanged in those visits, according to the group.
Families of the two men aren’t speaking publicly for fear of jeopardizing their cases. Some sense of the conditions they’re enduring can be gleaned from past history.
Spavor, a businessman who ran tours to North Korea from his base in a border town in northeastern China, has been held since May in Dandong Detention Centre, according to the Globe and Mail.
It’s a jail familiar to another Canadian, Kevin Garratt, who was snatched along with his wife Julia by Chinese security agents in 2014, becoming pawns in an earlier high-stakes attempt by Beijing to prevent Canada from extraditing millionaire businessman Su Bin to the U.S.
Garratt spent 19 months in the forbidding compound surrounded by two-story-high cement walls. Crammed into a cell with up to 14 other inmates, he slurped meals from a communal bowl on the floor. If they were lucky, they got 30 minutes of hot water a day and could exercise in a small outdoor cage, he said in a December 2018 interview.
China calls Meng’s arrest politically motivated and accuses Canada of “arbitrary detention.” It rejects any suggestion that the seizures of Kovrig and Spavor were in retaliation, saying China is also a rule-of-law country.
Before her arrest, Meng wasn’t happy working at Huawei and had been considering leaving, Ren has said in media interviews. But hardship has toughened her – when released, she will resume her role, he says.
“Over the past year, I have also learned to face up to and accept my situation,” Meng said in her letter. “I’m no longer afraid of the rough road ahead.” Natalie Obiko Pearson & Gao Yuan, Bloomberg

FacebookTweetPin

Share this:

  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X

Like this:

Like Loading…

Related

Previous Article

North Korea | Gov’t picks army man ...

Next Article

Xi Jinping’s wider fight with US is ...

0
Shares

    Related articles More from author

    • BusinessChina

      Chinese police detain wealth management Evergrande staff

      Sunday, September 17, 2023
      By -
    • China

      Briefs | Typhoon Soudelor kills 17

      Tuesday, August 11, 2015
      By -
    • China

      Death row | Chinese rally to farmer who killed official with nail gun

      Friday, October 28, 2016
      By -
    • China

      Mainland Viagra sales continue rising

      Tuesday, May 5, 2015
      By -
    • China

      Beijing’s top legislative advisory body holds annual session 

      Wednesday, March 4, 2015
      By -
    • China

      Corporate capitulation | Mercedes chided for China apology

      Friday, February 16, 2018
      By -

    Leave a reply Cancel reply

    You must be logged in to post a comment.

    0

    • Daily Edition

      Friday, June 27 2025 – edition no. 4747

    • Macau

      Local teams compete at dragon boat regattas

    • Greater Bay

      Notes on academic studies

    DAILY EDITION

    Friday, September 18, 2026 – edition no. 5039
    Friday, September 18, 2026 – edition no. 5039

    Greater Bay

    MDT MACAU GRAND PRIX SPECIAL

    September 2026
    M T W T F S S
     123456
    78910111213
    14151617181920
    21222324252627
    282930  
    « Aug    

    Timeline

    • Friday, September 18, 2026

      “Luminous Brilliance: The Artistry of Zibo Liuli” Opens This October at POLY MGM MUSEUM in Macau

    • Friday, September 18, 2026

      Gov’t rolls out 10-week spending drive with three stackable voucher types

    • Friday, September 18, 2026

      Uber’s numbers climb, but users see little change

    • Friday, September 18, 2026

      The Chinese Library welcomes autumn at Tai Kwun

    • Friday, September 18, 2026

      DSEDJ will implement AI-based education across all school stages

    • Friday, September 18, 2026

      Property firm busted for selling foreign worker quotas in RMB1 million scheme

    • Friday, September 18, 2026

      Huawei unveils new chips as firm steps up the AI race with Nvidia

    • Friday, September 18, 2026

      AI agents learn from ‘the best’

    • Friday, September 18, 2026

      Survey finds high satisfaction among Macau families in Hengqin

    • Friday, September 18, 2026

      Late renewal fees for non-resident workers rise

    Extra Times

    Extra TimesHeadlinesTaste of Edesia

    The Chinese Library welcomes autumn at Tai Kwun

    The Chinese Library, the contemporary Chinese restaurant at Tai Kwun, has unveiled a new autumn menu led by Executive Chef Junno Li. Recognised with One Diamond in the Black Pearl ...
    • Ethan Hawke leads a tense, Depression-era thriller in ‘The Weight’

      By MDT/AP
      Friday, September 18, 2026
    • QMS Medicosmetics launches at Mandarin Oriental Macau: Where German science meets luxury skincare

      By -
      Friday, September 18, 2026
    • The confluence of craft: An evening at Estuary

      By Irene Sam, MDT
      Friday, September 11, 2026
    • The Korean thriller ‘Hope’ is a creature feature to the tilt

      By MDT/AP
      Friday, September 11, 2026
    • Recent

    • Popular

    • “Luminous Brilliance: The Artistry of Zibo Liuli” Opens This October at POLY MGM MUSEUM in ...

      By MGM Macau PR
      Friday, September 18, 2026
    • Gov’t rolls out 10-week spending drive with three stackable voucher ...

      By Yuki Lei, MDT
      Friday, September 18, 2026
    • Uber’s numbers climb, but users see little change

      By Renato Marques, MDT
      Friday, September 18, 2026
    • The Chinese Library welcomes autumn at Tai Kwun

      By Irene Sam, MDT
      Friday, September 18, 2026
    • DSEDJ will implement AI-based education across all school stages

      By Ricaela Diputado, MDT
      Friday, September 18, 2026
    • Property firm busted for selling foreign worker quotas in RMB1 million scheme

      By Ricaela Diputado, MDT
      Friday, September 18, 2026
    • Huawei unveils new chips as firm steps up the AI race with Nvidia

      By -
      Friday, September 18, 2026
    • Canidrome may have its days numbered, decision in ‘one or two months’

      By Paulo Coutinho, MDT
      Thursday, May 26, 2016
    • Animal Welfare | Macau: Anima slams Canidrome management for avoiding debate

      By -
      Wednesday, May 4, 2016
    • Editorial | Canidoomed

      By Paulo Coutinho, MDT
      Wednesday, June 1, 2016
    • Animal Welfare | Canidrome presented with ultimatum: close or move

      By Daniel Beitler, MDT
      Friday, July 22, 2016
    • Australia regulator cracks down on alleged exportation of dogs to Macau

      By Paulo Coutinho, MDT
      Friday, June 10, 2016
    • USE OF ENGLISH IN MACAU | A ‘de facto’ official language

      By Catarina Pinto
      Monday, July 6, 2015
    • Animal rights | Canidrome: Anima in fresh airline negotiations as Canidrome closure looks more likely

      By Daniel Beitler, MDT
      Friday, May 27, 2016
    • Contact our Administrator
    • Contact our Editor-in-Chief
    • Contacts
    • Our Team
    • Privacy Policy
    • Terms and Conditions
    • Editorial Statute
    • Code of Ethics
    COPYRIGHT © MACAU DAILY TIMES 2008-2026. ALL RIGHTS RESERVED
    MACAU DAILY TIMES
    • Home
    • Macau
      • Photo Shop
      • Advertorial
    • Interview
    • Greater Bay
    • Business
      • Corporate Bits
    • China
    • Asia
    • World
    • Sports
    • Opinion
      • Editorial
      • Our Desk
      • Business Views
      • China Daily
      • Multipolar World
      • The Conversation
      • World Views
    • Our Team
    • Editorial Statute
      • Code of Ethics
      • Privacy Policy
      • Terms and Conditions
    • Archive
      • PDF Editions
    • Contacts
    • Extra Times
      • Drive In
      • Book It
      • tTunes
      • Features
      • World of Bacchus
      • Taste of Edesia
    Loading Comments...

    You must be logged in to post a comment.

    %d