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Showing posts with label Extradition. Show all posts
Showing posts with label Extradition. Show all posts

Monday, June 24, 2019

A destiny tied to China - Tackling it the British way

Impractical move: China is generally aware that the Hong Kong people cannot sustain any form of protest because rent and bills need to be paid and protests don’t gain a voice, neither by yellow shirts nor umbrellas. — AFP
The future of the Hong Kong people lies with China but the challenge for Beijing is to make Hong Kongers feel that they are a fundamental part of the Middle Kingdom.
- If there is a history lesson that the Chinese can learn from British Malaya in handling the Hong Kong protests, it's that the British administered their colonies well and without the need for any heavy-handed approaches, even they robbed these colonies of their rich minerals.

YOU’VE got to hand it to the British because they are really the masters at the game. Anyone who has studied basic Malayan history would know that officials during colonial times merely identified themselves as advisers.

They were British civil servants, but they called the shots.

Adding insult to injury, the Malay Rulers – as the Sultans were called then – were “led” to believe they still ran the states.

Under British Malaya – a set of states on the Malay peninsula and Singapore under British rule between the 18th and 20th centuries – British colonial officials had the last say on almost everything except religion and customary matters, which they cleverly left to the palaces.

So, in theory, the Rulers held their positions, kept their perks and all royal protocols befitting royalty, but their wings were clipped.

These were the federated states, but in the case of Straits Settlement states, British governors were appointed.

So, the famous Malacca Sultanate, with its rich lineage of Sultans, found itself having a governor, a Caucasian, as did Penang and Singapore.

Tun Dr Mahathir Mohamad put it aptly when he said last week in his speech in Britain that “Malaysia is a member of the Commonwealth, but there is nothing much in common with the wealth dominated by certain countries”.

“The British acknowledged the Malay Sultans as Rulers, but the Sultans never ruled. Therefore, when they criticised us as dictators, I don’t think they really meant it,” he said.

There was more. Under British rule in the 20th century, the British introduced repressive laws such as the Internal Security Act (ISA), used against communist insurgents.

Under the ISA, a person could be held for 60 days in solitary confinement and up to two years’ extension without trial.

Despite this, the British told the world, with a straight face, that they taught us, the natives, principles of justice, democracy and fairness, and that we all cried when they abandoned us when the Japanese invaded Malaya in 1941, and when we gained independence in 1957.

Our first prime minister, Tunku Abdul Rahman, kept the law when the Union Jack was lowered in 1957, which marked our independence.

Not many Malaysians are aware that the British imposed the ISA. Of course, during that era, only the radical left-wingers, with communist tendencies, were detained.

One ISA detainee, who was imprisoned under the British and then under the Malaysian government, said: “With the British guards, they would cheerily come every morning and wished the detainees a good day.” That was the difference.

Fast forward to 2019 and the massive turnout in Hong Kong against the controversial extradition Bill, with proposed amendments allowing for criminal suspects to be sent to China, has made international news.

It has prompted concern in Hong Kong and elsewhere that anyone from the city’s residents to foreign and Chinese nationals living or travelling through the international financial hub could be at risk if they were wanted by Beijing.

Basically, Hong Kong residents would rather face HK courts than be deported to mainland China.

Many have no faith in China’s judicial system compared to the British-style HK courts, which inherited the British legal system, and where most of the judges and lawyers are also British-trained.

The HK people can’t be blamed for their anger and suspicion since the international community has read of Chinese nationals being short-changed, or even neglected by the courts in the pursuit of justice.

And we can even read of income tax defaulters, under investigation, being hauled off to undisclosed locations, while dissidents have been taken away, and disappeared without a trace.

This bad press, verified or otherwise, would have scared many people, even though one wonders how many of these HK protesters believe, in their hearts of hearts, that they would ever get arrested and sent to China.

But the irony is that under British rule in HK, like many governments, the British widely used the law as a tool to consolidate control of Hong Kong in the hands of a privileged minority.

Legal expert Richard Daniel Klien wrote that “the British enacted legislation which in some respects instituted two sets of laws – one for the Europeans and another for the Chinese. Laws were passed to ensure no Chinese would live in the most desirable parts of Hong Kong, which the British wished to preserve as their exclusive enclaves.

“In a land in which ninety-eight per cent of the population were Chinese, English was the official language.

“The Chinese language was not permitted to be used in government offices.

“Laws regulating conduct were written exclusively in English, a language which the vast majority of the population could not understand.

“The astonishing truth of the failure of the Hong Kong Chinese to develop a significant pro-democracy or pro-independence movement, while other British colonies obtained independence long ago, testifies to the success of the British laws in accomplishing the goal of continued colonial rule over this land of six million inhabitants.”

MK Chan wrote in a law review report that “to most people in Hong Kong, the preservation of the existing legal system is of crucial importance to the high degree of autonomy the post-colonial Hong Kong Special Administrative Region is supposed to enjoy under Chinese sovereignty according to the “One Country, Two Systems” formula.

“However, this widely shared perception is flawed for one simple reason: the legal system in Hong Kong today has its own serious defects. It is not only alien in origin,” and “markedly different from the legal system in the People’s Republic of China but also defective and inadequate”.

No protest has gained voice, neither through yellow shirts nor umbrellas. And no protests were staged because the British didn’t allow elections during the colonial rule from over a century and a half.

The 1995 Hong Kong Legislative Council election for members of the Legislative Council of Hong Kong was only finally held that year – it was the first and last fully elected legislative election in the colonial period before the nation was returned to China two years later. So much for democracy and freedom.

No HK resident protested that only the white men could hold top posts in government bodies, places where there were many qualified HK civil servants who could speak and write in English better than their superiors.

To put it bluntly, there was not even a squeak – and we know how corrupt the HK police were in the 1970s – about the force being headed by Britons.

To be fair, the British transformed HK from a barren island to an international hub, with a working administration system that has won the confidence of the international community.

However, the responsibility of the British ended in 1997 when HK was handed over to the Chinese. It has lost its right to tell the Chinese what to do.

But what has brought this resentment towards China, from HK Chinese people, and perhaps, even a yearning, for British rule?

Not long ago, it was reported that some localists had taken to thumbing their nose at “China’s heavy-handed meddling” by waving the British flag at football matches, booing the Chinese anthem and chanting “We are Hong Kong! Hong Kong is not China!” in English.

Reports have also surfaced about a small Hong Kong-United Kingdom Reunification Campaign, which angled for a return to British rule but ultimately dismissed as quirky.

Then there are HK people who talk about the “good times” under British rule.

If there is a history lesson which the Chinese can learn from British Malaya, it’s that the Brits administered their colonies well and without the need for any heavy-handed approaches, even as they robbed these colonies of their rich minerals.

Reports of Beijing’s transgressions in the territory, such as the kidnapping by mainland agents of local booksellers, or the National People’s Congress purportedly stepping into local judicial cases, won’t win the hearts of the HK people.

Beijing must put on a softer face and display plenty of patience in dealing with HK. There is really no rush for China, especially with risking an international black eye at a time when it can ill afford to do so.

Yes, China is concerned about how its billion people will react if they see these hot-headed HK protesters abusing policemen.

The lessons from the breakup of the Soviet Union – and the wounded pride and dignity that follows – are always etched in the minds of Chinese leaders.

When CNN and BBC reporters talk about individual rights, they have no idea what Beijing or even the Chinese diaspora think.

But the people of HK must also accept the harsh reality – HK is now China’s sovereignty, and more and more of its independence, or even importance, will slowly fade away.

China doesn’t need HK as much as it used to as a strategic financial hub, because Chinese cities, including Beijing and Shanghai, have even eclipsed the former island nation. No matter how big or how long these protests run for, China knows the HK people don’t have the stamina, because rent and bills need to be paid, and protest sittings on streets don’t last anyway.

And the other blow is the British government’s refusal to grant citizenship to the 3.5 million Hongkongers born there under the British flag.

China needs to work harder on winning hearts and minds, and to make the HK people feel they are a fundamental part of China, and Chinese culture and pride.

HK people have always been independent because they were brought up differently and under different sets of political and legal systems, and that must be understood. There is no need to ramp through any laws, indicating that the HK people are unhappy.

The destiny of the HK people lies with China, and not Britain, but the challenge for Beijing is to make the people of HK feel those sentiments and be proud of it.

And speaking of extradition, let’s not forget that the US is also seeking to get WikiLeaks founder Julian Assange extradited from the UK for alleged crimes under the Espionage Act 1917, of which remains unclear.

He is the first journalist to have the book thrown at him for whistleblowing.

That’s not all. The US wants Huawei chief financial office Sabrina Meng Wanzhou to be extradited from Canada over charges which smell suspiciously like trumped up accusations. - by wong chun wai

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Tuesday, December 11, 2018

Huawei CFO cites US$12 million homes in Vancouver and health issues in bail bid in Canada

https://youtu.be/_fFQ4oyaW6M

https://youtu.be/OJ6pdi05oj8 https://youtu.be/QgPN00prqYI https://youtu.be/0YTBCndEhho

Extradition case: A home owned by the family of Meng Wanzhou, who is being held on an extradition warrant, is pictured in Vancouver. — Reuters

A home owned by the family of Huawei CFO Meng Wanzhou, who is being held on an extradition warrant, is pictured in Vancouver, British Columbia.

For Huawei CFO, an Idyllic Summer Playground Turns Into a Prison


Vancouver plays a special role for Meng Wanzhou, as it does for many a wealthy Chinese -- a place to park some assets, educate your children, and just let your hair down from time to time.

Meng -- chief financial officer of Huawei Technologies Co., a telecom equipment giant present in more than 170 countries -- would carve a few weeks out of her punishing travel schedule every year for a break in the Canadian city.

She’d time it for the summer, when her children would be there and when the city’s crystal waters and craggy mountains would emerge from 10 months of rain to be bathed in long, golden days of sunshine. Just last August, she was seen strolling through a local park, snapping photos with her in-laws.

Her place of retreat has now become a jail. On Dec. 1, Meng stepped off a Cathay Pacific flight from Hong Kong around noon, and had planned a 12-hour stopover in Vancouver before heading on to Mexico. Instead, she was arrested by Canadian authorities and faces a U.S. extradition request on charges she conspired to defraud banks, including HSBC Bank Plc, so that they unwittingly cleared millions of dollars in transactions linked to Iran, in violation of U.S. sanctions.

This time, her stay looks to become an extended one -- extradition cases can sometimes take years. Whether she spends that time in a cell or under house arrest may hinge in part upon her ties to Vancouver and if they’re considered deep enough to stop her from fleeing.

Meng’s bail hearing resumes Monday at 10 a.m. local time. It’s expected to last the whole day as her defense team calls witnesses, including security companies, to testify on ways to address flight risk.

“In essence, Ms. Meng vacations for two weeks in Vancouver -- I say that is not a meaningful connection to this jurisdiction,” Crown attorney John Gibb-Carsley said Friday at the six-hour bail hearing in Vancouver as more than 100 spectators watched from a glass-walled gallery.

Meng -- wearing a dark green sweat suit, her posture impeccable -- watched from the back of the courtroom with her interpreter, occasionally taking notes on a sheet of paper. The 46-year-old has an incentive to flee home to China, which has no extradition treaty with the U.S., and she has the vast resources and connections to remain out of reach indefinitely, Gibb-Carsley said.

Canada has long been a favored destination for millionaire migrants, and Vancouver, especially, for the Asian ones. But increasingly that’s been stoking tensions in a city awash in Chinese cash, with wealthy part-time residents blamed for property prices that have made Vancouver the most unaffordable city in North America.

Meng, who first visited Vancouver 15 years ago, bought a six-bedroom house with her husband Xiaozong Liu in 2009 that’s now assessed at C$5.6 million ($4.2 million), according to property records and an affidavit by Meng read aloud in court. In 2016 they bought a second property, a brick-and-glass mansion set in a 21,000-square-foot lot assessed at C$16.3 million. Purchased with mortgages from HSBC, she’s offered to post the family’s equity in both as part of her bail.

Meng and Liu live in Shenzhen with their 10-year-old daughter. She also has three sons from a previous marriage, one of whom attends a prep school in Massachusetts. If granted bail, the family would move into one of their Vancouver homes and the son in Massachusetts would join them for Christmas, Meng’s lawyer told the court.


Meng WanzhouPhotographer: Dennis Zhe/Huawei Technologies Co.

Three of her four children have done part of their schooling in Vancouver, and they still spend weeks -- sometimes months -- in the city during summer. Meng, who also goes by the names Sabrina and Cathy, holds two passports, one from China and one from Hong Kong, and until 2009 also had Canadian permanent residency.


Her defense argues that those ties are substantive, and proposes she wait it out at one of her houses, under surveillance, tagged by a GPS device, and subject to unannounced police checks.

“She would not flee,” Meng’s defense lawyer David Martin responded. “She has a home here.”
Meng is the daughter of Huawei’s founder Ren Zhengfei, whose net worth was estimated at $3.2 billion, according to Gibb-Carsley. A million-dollar bail to that family is equivalent to a C$156 bail for an upper-middle class Canadian family with C$500,000 in assets, he said.

“I’m not saying that wealthy people can’t get bail,” said Gibb-Carsley. “But I’m saying in terms of magnitude to feel the pull of bail, we are in a different universe.” -


Sabrina Meng in her own words: Huawei CFO cites health problems in her bid to secure bail in Canada

 The US is seeking to extradite Meng in relation to Huawei’s alleged use of an unofficial subsidiary, Skycom, to skirt sanctions on Iran

Sabrina Meng Wanzhou, the chief financial officer of Chinese telecommunications giant Huawei Technologies, was arrested last Friday in Vancouver, Canada at the request of the US and accused of fraudulently representing the company to get around US and EU sanctions on Iran.

The US is seeking to extradite Meng in relation to Huawei’s alleged use of an unofficial subsidiary, Skycom, to skirt the sanctions, a lawyer representing the Canadian government said. Meng was arrested at Vancouver International Airport on December 1 as she changed planes and has been detained ever since.

Meng, a daughter of Huawei founder Ren Zhengfei, attended the British Columbia Supreme Court last Friday for a bail hearing, as the US seeks her extradition on fraud charges. The hearing ended without a decision and will continue on Monday.

Ahead of the continuation, here are some of the details of Meng’s personal affidavit filed with the Supreme Court:

  • Meng describes herself as a 46-year old Chinese citizen, holding a Hong Kong and Chinese passport, who lives in Shenzhen. 

  • Meng says her family have extensive ties to Canada, and Vancouver in particular.

  • Although Meng relinquished permanent resident status in Canada, she says her family have bought two homes in Vancouver.

  • Those two homes include a property bought in 2009 with her husband at 4005 28th Street, and another at 1603 Matthews Street in 2016.

  • Meng says she tries to spend at least 2-3 weeks in Vancouver every summer. Since 2012 her children, who attended school in Vancouver, no longer live there.

  • After being detained and interrogated at Vancouver International Airport on Friday, Meng says she was taken to Richmond General Hospital after feeling unwell due to severe hypertension, a condition she has struggled with “for years”.

  • Meng says she continues to feel unwell and is worried about her health “deteriorating” while she is incarcerated. Meng says she has had numerous health problems throughout her life, including thyroid cancer, for which she underwent surgery in 2011.

  • In May 2018, Meng says she had surgery to remedy health issues related to sleep apnoea and still has difficulty eating solid foods – which has caused her to modify her diet. She has received daily packages of medicines from her doctor for years to treat her ailments.

  • Meng points out she has no previous criminal record in China or anywhere else.

  • If she is granted bail, Meng offers to surrender both her passports, to live at her home at 4005 28th Street, to have her family live with her as permitted by Canada’s immigration laws, she is willing to pledge the equity of either or both her houses as security, or to make a cash deposit as directed by the court.

  • Meng says she would not breach any bail conditions because of the reputational damage it could do to Huawei, the company her father founded.

  • Finally, Meng says she is innocent of the allegations levelled against her and will contest the allegations at trial in the US if she is ultimately surrendered.

Case: In the matter of the Extradition Act, S.C. 1999, c. 18 as amended in the matter of the Attorney General of Canada on behalf of the United States of America and Wanzhou Meng, also known as “Cathy Meng” and “Sabrina Meng”.. -
 

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