孟晚舟案件听证会将于下周结束 加拿大法官质疑检方引渡论据

周四（8月12日），孟晚舟案件的法官对检察官的论点表现出怀疑态度，质疑美国针对孟晚舟引渡案件的有效性。
孟晚舟案的听证会预计将于下周结束，为时两年的法律角力即将结束。美国提供给加拿大方面的逮捕和引渡孟晚舟的理由是，孟晚舟在华为拥有一家名为Skycom的伊朗子公司的问题上向汇丰银行撒谎，导致该行构成欺诈并在不知情的情况下违反了美国的制裁。孟晚舟的辩护律师认为，汇丰银行没有根本被误导，事实上该行完全知道Skycom是华为的子公司。副首席大法官Heather Holmes似乎对美国主张的有效性持怀疑态度。Holmes在法庭上问道：“一个没有实际伤害的欺诈案，该案中一个所谓的受害者——一家大型机构内许多人当时都掌握了所有的事实，而在多年后却把这些事实说成是失实的，这难道不反常吗？”加拿大检察官Robert Frater回应说：“法律对此规定得很清楚，此机构人员可能知晓，甚至可能是参与者，但这并不意味着不存在欺诈。”Holmes法官接着说：“我只是说，同时拥有这两个特征可能很不寻常，即没有实际损失，而且，机构内部对真实情况的了解相当广泛。”孟晚舟的律师将于周五开始作出有利于她的最终陈述。听证会将于下周结束，Holmes可能会在秋季发布是否引渡的裁决，然后由加拿大司法部长David Lametti作出最后决定。对Holmes法官和Lametti部长的决定都可以提出上诉，法律专家说这意味着该案可能会拖上几年。


Canadian Judge Questions Arguments for Huawei CFO's Extradition as Hearings Enter Final DaysA Canadian judge on Thursday appeared skeptical of arguments made by prosecutors, questioning the validity of the case in the United States against Huawei Chief Financial Officer Meng Wanzhou, who is facing possible extradition on several charges.Committal hearings in Meng's case are expected to finish next week, as two years of legal wrangling come to a close.The Canadian government's case, as laid out in the record of the case provided by the United States as justification for her arrest and extradition, is that Meng lied to HSBC about Huawei's ownership of an Iran-based subsidiary called Skycom, causing the bank to commit fraud and unknowingly break U.S. sanctions.Meng's defense lawyers have argued that HSBC was not misled, and was in fact fully aware that Skycom - a business which Reuters reported was breaking U.S. sanction laws against Iran - was a subsidiary of Huawei, rather than a local partner as had been previously stated.Associate Chief Justice Heather Holmes at times appeared skeptical of the validity of the United States' claim."Isn't it unusual that one would see a fraud case with no actual harm, many years later, and one in which the alleged victim - a large institution - appears to have numerous people within the institution who had all the facts that are now said to have been misrepresented?" Holmes asked."The law is quite clear about that," Canadian prosecutor Robert Frater responded. "You yourself said that people within the institution may know, they may even be participants. It doesn't mean there is no fraud."Holmes then said: "I'm simply suggesting that it may be unusual to have both of those features - no actual loss, and arguably, fairly extensive knowledge within the institution about the true state of affairs."Frater said this was an issue for sentencing.She has claimed innocence and is fighting the extradition. Her lawyers will begin making their final arguments in her favor on Friday, and are expected to finish next week.Hearings are set to wrap up next week and Holmes will likely issue an order on whether or not to extradite in the autumn, before Canadian Justice Minister David Lametti makes the final call.Both Holmes' and Lametti's decisions can be appealed, which legal experts say means the case could drag on for years.