According to CCTV news, on August 13, Vancouver local time, the defense lawyer representing Meng Wanzhou made a court statement and responded to the reasons for the extradition request made by the prosecutor before. The defense lawyer pointed out that the evidence submitted by the U.S. for extradition was “neither sufficient nor reliable.” The court could not rely on these requests to support extradition.
The defense lawyer pointed out that the US claimed that Meng Wanzhou’s false statement deceived HSBC and created a risk of loss. But the actual situation is that the case presents the characteristics of the “three noes”: no false statement, no loss consequences, no causal relationship.
Meng Wanzhou “has no false statement” when explaining related business to HSBC
No false statement means that when Meng Wanzhou used a presentation document to introduce the business of Huawei and Xingtong Company in Iran to HSBC executives, he clearly stated that Huawei has business in Iran and that Huawei controls Xingtong Company. HSBC has never told Huawei. There have been worries and doubts about this relationship in controlling Xingtong. Moreover, the HSBC executives who met with Meng Wanzhou have professional knowledge and are facing one of HSBC’s most important customers. Whether HSBC executives can correctly understand this relationship should not be the responsibility of Meng Wanzhou. In addition, there is no evidence in the US “Case Record” to support the US assertion that Huawei and Starcom’s operations in Iran are illegal.
HSBC did not experience actual losses due to Meng Wanzhou’s relevant statements
The loss-free consequence means that HSBC did not incur actual losses as a result of Meng Wanzhou’s relevant statements. This point has been made clear. HSBC did not face any actual risks of criminal or civil liability, nor did it violate the “Deferred Prosecution Agreement.” The prosecutor claimed that the risk of loss does not need to be proved. However, according to Canadian law, the prosecutor should prove the actual economic loss caused by financial fraud, not the hypothetical loss.
Regarding the prosecution’s claim that HSBC’s reputation was damaged as a result, the defense lawyer quoted a well-known judge as saying that reputation damage without actual loss is not protected. In other words, this argument is simply untenable and has long been concluded.
Meng Wanzhou’s relevant statement has no causal relationship with HSBC’s loss risk
Non-causal relationship refers to the fact that Meng Wanzhou’s “false statement” described by the US has no causal relationship with HSBC’s loss risk. It was HSBC that violated US sanctions laws, not Xingtong. There is no evidence that Starcom’s operations in Iran violated the US sanctions laws, and it is not illegal for Starcom to transfer Iran-related funds to HSBC’s account. When HSBC knew that Starcom was conducting business in Iran, it still liquidated the funds through HSBC in the United States, and this was a risk. This risk has nothing to do with Meng Wanzhou’s statement and Xingtong, but is caused by HSBC’s internal business processes.
According to the court schedule, from the 16th to the 18th local time, the defense lawyers will continue to make statements.
Edit Yang Li
Source: CCTV News Return to Sohu to see more
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