The gathering of the Chinese-flagged vessels, along with four Chinese navy ships at a Chinese-occupied manmade island base, “is hazardous to navigation and safety of life at sea,' the Philippine government said.
The Philippine government said Wednesday that more than 250 Chinese vessels it believes are operated by militia have been spotted near six Manila-claimed islands and reefs in the disputed South China Sea and demanded that China immediately remove them. The gathering of the Chinese-flagged vessels, along with four Chinese navy ships at a Chinese-occupied manmade island base, “is hazardous to navigation and safety of life at sea' and may damage coral reefs and threaten the Philippines ' sovereign rights, a government body overseeing the disputed waters said.
AdEine Investition von € 250 in diese Unternehmen könnte Ihnen ein zweites Einkommen bringenSouth China Morning PostExtradition judge is told she, not minister, must decide if US has jurisdiction over Meng Wanzhou’s actions in Hong KongThe United States was engaged in a “power grab” that breached international law by trying to regulate Meng Wanzhou’s conduct in Hong Kong, the Huawei Technologies executive’s lawyer told her extradition hearing on Tuesday. Lawyer Gib van Ert said the judge presiding over the case, and not Canada’s justice minister, must decide whether the US had jurisdiction to bring its fraud case against Meng. “It’s not a matter that you may leave to someone else. It is a legal determination. It is a question you must answer,” lawyer Gib van Ert told Associate Chief Justice Heather Holmes in the Supreme Court of British Columbia, as he pressed the case that the US has no right to prosecute Meng under international law, and Holmes must therefore throw out the bid for her extradition to New York.Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team. The case showed that the US had wrongfully “given itself the power to regulate the conduct of Chinese nationals in Hong Kong”, van Ert said. Meng is accused by the US of defrauding HSBC by lying to one of its bankers in a 2013 meeting about Huawei’s business dealings in Iran, thus putting the bank at risk of breaching US sanctions. But the US has no right to prosecute Meng’s conduct, van Ert had said on Monday, because Meng is Chinese, HSBC is British and the meeting took place in a Hong Kong teahouse. US prosecutors have claimed jurisdiction because the fund transfers that allegedly resulted from Meng’s representations were cleared through US banks; her lawyers said in a written submission that this was a “wholly insufficient and artificial” connection. Jurisdiction is about where states get to exercise their power … And the United States is saying ‘we get to exercise it in Hong Kong’ Lawyer Gib van Ert Canadian government lawyers acting for US interests in the extradition case say jurisdiction is a matter to be considered mainly at trial, and by Canada’s justice minister, who ultimately will decide whether to allow Meng’s extradition, should Holmes approve it. On Tuesday, Holmes echoed that position, asking van Ert “isn’t it then more appropriate in an extradition context for the minister to be making the decision” about whether the US had “overstepped”. ‘US laws do not apply in China’: new front opens in Meng extradition fight Van Ert said this was “a legal question and not a political determination”, and if the court condoned the US request, Canada too would be in breach of customary international law. While legislatures might act in ways that breached international law, Canada’s judges must not, said van Ert. “If international law is to be violated that is to be left to politicians, not courts,” he said. He said the US had conducted a “plain power grab” by claiming jurisdiction over Meng’s conduct. “Jurisdiction is about where states get to exercise their power,” van Ert said. “And the United States is saying ‘we get to exercise it in Hong Kong, at least in circumstances where a financial transaction between a Chinese company and a British bank took place in some way that we say is connected to that’. “If that is right it is a fundamental shift in how jurisdiction is understood in international law.” If US law applied to a Chinese national in Hong Kong “that is an interference with the sovereignty of Hong Kong and China”, he said. “Ms Meng would have expected that her conduct in Hong Kong is governed by the law of Hong Kong. States around the world would have that same expectation,” van Ert said. Chaos and confusion would result if states routinely applied their laws to activities taking place elsewhere, van Ert said, and it was “self-evident” that the “United States makes law for the United States. It doesn’t make law for China. That’s the territoriality principle.” The US assertion of jurisdiction relied upon the process of dollar clearing, said van Ert, in which transfers between accounts in two non-US banks, but denominated in US dollars, may pass through their respective correspondent US banks. The US accusations against Meng cite transfers between Huawei affiliate Skycom and a British company called Networkers. Van Ert referred to an expert witness report by Regis Bismuth, a French law professor, who said that international monetary law principles “do not allow states to use their currency as a basis of jurisdiction”, even if a payment was reflected in their currency clearing system. Meng’s case involved US$2million in payments through the US dollar clearing system over 13 months, compared to US$4.5 trillion that went through the system daily, van Ert said, citing another expert report by US banking expert John Simonson. “The actual impact as a percentage [is] very nearly zero,” van Ert said, and was no basis for US jurisdiction. Ms Meng would have expected that her conduct in Hong Kong is governed by the law of Hong Kong. States around the world would have that same expectation Lawyer Gib van Ert Meng, Huawei’s chief financial officer and the eldest daughter of the company’s founder Ren Zhengfei, was arrested at the request of US authorities at Vancouver’s airport on December 1, 2018, on a stopover from Hong Kong. She has been fighting extradition ever since, in a case that has thrown China’s relations with the US and Canada into turmoil. The jurisdictional argument is one of four branches of Meng’s case that she is the victim of an “egregious” abuse of process that has violated her Canadian charter rights. Meng’s Vancouver mansions are not owned in her name, extradition case hears The other branches are that her case is a tainted political prosecution brought as leverage in a US trade war with China, that Canadian police and border guards conducted a covert criminal investigation of her to obtain evidence for the US Federal Bureau of Investigation, and that American authorities misled the Canadian court in their summaries of the case. A separate argument, that the case failed to pass the “double criminality” test – that extradition cases must involve actions that would have represented crimes had they occurred in Canada – has already been rejected by Holmes. Van Ert told Holmes on Tuesday that she found herself in an “unusual and unprecedented situation”; never before had there been a Canadian extradition case in which the request itself was contrary to international law, he asserted. If the court decided to pass on the decision about jurisdiction to the minister or ruled that the request was unlawful but did not impose a remedy, then it was “unlikely to result in the minister solving the problem … the minister will take the same view [as the court]”, van Ert suggested. Meng’s long-running extradition battle may be nearing its final stages, with hearings due to be completed on May 14, after which Holmes must decide whether to free her or approve extradition. But the final say will rest with the justice minister, and appeals could drag out the process for years. Meng’s treatment has enraged Beijing, which has repeatedly demanded her release. Two Canadians, Michael Kovrig and Michael Spavor, were arrested in China soon after Meng’s arrest, and this month both men were put on trial for espionage. The closed-door trials only lasted hours; no verdicts have been announced. Canada’s government regards both men as victims of “hostage diplomacy” and arbitrary detention by China.More from South China Morning Post:‘US laws do not apply in China,’ court is told, as new front opens in Meng Wanzhou extradition fightMeng Wanzhou’s Vancouver mansions are not owned in her name, extradition hearing is toldReject Meng Wanzhou’s ‘exciting narrative’ of abuse, Canadian government lawyer tells extradition judgeMeng Wanzhou’s lawyer blasts ex-Mountie for ‘shock’ refusal to testify at extradition hearingPutting Meng Wanzhou on trial would be ‘triumph for rule of law’, Canadian government lawyer saysThis article Extradition judge is told she, not minister, must decide if US has jurisdiction over Meng Wanzhou’s actions in Hong Kong first appeared on South China Morning PostFor the latest news from the South China Morning Post download our mobile app. Copyright 2021.
a day agoSouth China Morning PostChina cold case: family of Diao Aiqing, who was murdered and left in 2,000 pieces, sue university over her deathThe family of a student brutally murdered 25 years ago in one of China’s most notorious cold cases has launched a lawsuit against her university for failing in its duty of care. Diao Aiqing, a 19-year-old first-year student at Nanjing University’s Adult Education College, was last seen alive on January 10, 1996, when she left her dorm building after an argument with the building’s management. Nine days later her body, which had been boiled and cut into more than 2,000 pieces and wrapped in bags, were found in eight locations on and near the university campus. The brutality of the murder shocked China, but the killer was never caught.Do you have questions about the biggest topics and trends from around the world? Get the answers with SCMP Knowledge, our new platform of curated content with explainers, FAQs, analyses and infographics brought to you by our award-winning team. Breakthrough in 28-year-old Chinese murder case as DNA leads to suspect On January 20, the 20th anniversary of her murder, the Ministry of Public Security Criminal Investigation Bureau said in a statement that the case was not limited to a statute of 20 years for prosecution and that police would continue to investigate. Zhou Zhaocheng, a lawyer with Beijing Yifa Law Firm, said in a statement that he went to Gulou District People’s Court with the victim’s elder sister on Monday to file a civil lawsuit against the Nanjing University on behalf of Diao’s parents. The parents believe the university’s dormitory management staff unfairly punished Diao for her dorm mate using electronic appliances, which led to Diao leaving the dorm building in anger and, they argue, subsequently contributed to her murder, Zhou said. When Diao did not return home on the night of January 10 Nanjing University should have informed her parents that she was missing, argued Zhou, but they did not notify the family until after police found Diao’s body. “It is precisely because Nanjing University did not perform its dormitory management responsibilities that the case missed the best time window for investigation and the murderer had sufficient time to commit the crime and escape. The lack of evidence causes the case to remain unsolved for 25 years,” Zhou said. Because some of Diao’s body parts were found on the campus it cannot be ruled that Diao was murdered elsewhere. Her parents believe that Nanjing University was lax in its duty of care in school management and that this contributed to her murder, Zhou added. The family is suing the university for 1.62 million yuan (US$246,000) for funeral fees, and other damages. Diao Aihua, the victim’s elder sister, told IFeng News that the lawsuit was about the university’s responsibility from the time she left the building to her murder and it was not about seeking compensation but wanted to “seek justice”. “We wish to know exactly what happened to Diao Aiqing on the day she left the dormitory. Was she murdered on university campus? What’s the university’s responsibility? We hope the court can find out,” Zhou, the lawyer, said. “My parents are very old. [Seeking justice] will make them go with peace in future,” Diao’s sister said. In recent years several high-profile cold cases have been solved with widespread DNA testing and comparison, raising hopes that Diao’s case could also be solved. Last year Xuzhou police found DNA collected from a suspect involved in a crime very similar to Diao’s; the rape and death of a medical school student in Nanjing 28 years ago. Police eventually identified a male family member of the suspect to be the killer of the medical student. In 2016 Gao Chengyong, responsible for murdering 11 females from 1988 to 2002, was identified after his uncle was detained for bribery and the DNA found to be a close match to the samples at the crime scenes. Gao was executed last year.More from South China Morning Post:South Korea’s Hwaseong murders culprit admits to 14 killings, apologises to man wrongly jailedMainland Chinese police hand case on the 12 Hong Kong fugitives to prosecutorsChina issues warning after jobseekers kidnapped, forced into prostitution in MyanmarChina orders university students to stay on campus to halt coronavirus spreadCorruption in China: retired Xinjiang police chief to face trial on bribery chargesThis article China cold case: family of Diao Aiqing, who was murdered and left in 2,000 pieces, sue university over her death first appeared on South China Morning PostFor the latest news from the South China Morning Post download our mobile app. Copyright 2021.Read more: Yahoo Singapore »
1.8 million people have received at least one dose of COVID-19 vaccine: Health minister
A total of 1.2 million people have completed the full vaccination regimen, says Mr Gan Kim Yong.