August 17 2021 Vancouver local time, defense lawyers representing Meng continued their court case. Defense lawyers argued that the U.S. allegations of alleged “fraud” against Meng did not cause any actual damage to HSBC, or even reputational damage. The case record, the main legal document submitted by the US to request extradition, created an “evidence vacuum” in the case.
Defence counsel noted that under Canada’s anti-fraud law, allegations of fraud require concrete evidence that the deception in question raises actual or specific risks of loss that cannot be based on preconceived or assumptions for a distant future. Mr Meng’s statement did not expose HSBC to any actual, quantifiable risk loss.
In addition, the legal document submitted by the US requesting extradition, the Case Record, does not provide any evidence to prove that Mr Meng’s statement puts HSBC at any real risk of reputational damage with money.
Reputational risk is not an interest protected by fraud law, and must be accompanied by concrete and realistic evidence that the victim is at risk of financial loss or loss as a result of the fraud. However, the US has not provided any relevant evidence and there is an “evidence vacuum” in the case.
Apart from the fact that there was no actual loss of money or reputation, Mr Meng’s statement did not expose HSBC to any loan risk. The U.S. case record does not support any actual loss or risk that HSBC has increased in respect of the loan as a result of the Meng Evening PPT statement. Any loan is risky and HSBC has no evidence that Mr Meng’s statements resulted in losses in its related lending business or increased the risk of losses. More importantly, there is no concrete evidence that Mr Meng’s statement puts HSBC’s existing or future loans at greater risk.
According to the court’s schedule, the court is expected to close the case on August 18, local time, the trial phase of Meng’s extradition case will therefore be completed on the 18th. The court has not yet announced when the judge will announce the verdict.
