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Share Price: 705.50
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UPDATE 2-Canada says border officials, police did not act improperly when arresting Huawei CFO

Mon, 23rd Sep 2019 18:13

(Adds Canadian Attorney General's response and Meng lawyer
comments)

By Karen Freifeld

VANCOUVER, Sept 23 (Reuters) - There is no evidence Canadian
border officials or police acted improperly when Huawei Chief
Financial Officer Meng Wanzhou was detained and arrested at
Vancouver's airport nearly 10 months ago, the Attorney General
of Canada said in a filing released on Monday.

The filing was made public as Meng and her lawyers were in
British Columbia Supreme Court in Vancouver arguing for
additional disclosure surrounding the arrest. The defense claims
Meng was unlawfully searched and questioned under the ruse of an
immigration check and wants to halt extradition proceedings.

Meng, 47, was detained at Vancouver's airport on Dec. 1 at
the request of the United States, where she is charged with bank
fraud and accused of misleading HSBC Holdings Plc about
Huawei Technologies Co Ltd's business in Iran. She has
said she is innocent and is fighting extradition.

An extradition hearing itself is not scheduled to start
until January, but the two sides are already in court.

"There is no evidence that the conduct of officials, either
Canadian or foreign, has compromised the fairness of the
extradition proceedings," Canada's attorney general said in the
filing. "No purpose would be served in providing further
disclosure." The attorney general said the defense had already
been provided with extensive disclosure.

The arrest has strained China's relations with both the
United States and Canada.

At Monday's hearing before Justice Heather Holmes of the
British Columbia Supreme Court, Meng lawyer Richard Peck, said
the Canadian border agency and police delayed implementing
Meng’s rights, and gave the border agency an opportunity to
interrogate her, with plans to share the information with the
Canadian police and the Federal Bureau of Investigation (FBI).

"We refer to this as a 'covert criminal investigation' under
the pretext of an admissibility examination for immigration
purposes," Peck said.

The Attorney General of Canada said in its filing that the
border officers acted pursuant to "lawful authority to determine
whether the applicant and her goods were admissible to Canada."

Meng arrived at the Vancouver court on Monday in a burnt
orange coat and wearing an electronic monitor on her left ankle
above silver glittering shoes. She sat in the well of the
courtroom next to an interpreter, wearing a long purple dress
and with her hair pulled back with a black velvet bow.

'UNLAWFUL DETENTION'

Meng's lawyers have said in court papers that she was
unlawfully detained, searched and questioned for over three
hours after she landed on a flight from Hong Kong. Under the
ruse of an immigration check, they claim Canadian officials
collected evidence for U.S. authorities.

Extradition proceedings against Meng should be halted if
officials abused the process, the lawyers say. Besides
accusations of misconduct related to her detention, they argue
the United States is using Meng for economic and political gain,
noting that after her arrest, U.S. President Donald Trump said
he would intervene if it would help close a trade deal.

Vancouver lawyer Gary Botting, who has seen a video of Meng
being detained at the airport, said immigration officials came
across as "Keystone Cops."

"There are real questions about whether her rights were
violated," said Botting, who briefed Meng's defense team on
Canada's extradition law after her arrest but is no longer
involved with the case.

Meng, the daughter of Huawei founder Ren Zhengfei, spent 10
days in jail in December but was then released on C$10 million
($7.5 million) bail and is living in one of her two
multimillion-dollar homes in Vancouver. She is required to wear
an electronic ankle bracelet and pay for security guards.

Huawei, the world's largest telecommunications equipment
maker, has been accused by the United States of activities
contrary to national security or foreign policy interests.

U.S. and Chinese officials resumed trade talks last week, as
the world’s two largest economies try to negotiate a way out of
their 14-month trade war.

(Reporting by Karen Freifeld; Editing by Tom Brown and Lisa
Shumaker)

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