加拿大法院拒收孟晚舟方提交新证据

近日，媒体报道称加拿大法院拒绝接纳华为首席财务官孟晚舟一方在引渡聆讯提交的部分新证据。

无注释原文：

Judge rejects Meng Wanzhou’s push to add statement evidence in extradition case

GlobalNews

The Canadian judge in Huawei CFO Meng Wanzhou’s U.S. extradition case rejected her request to admit as evidence Huawei employee statements that contradict a U.S. claim she misled bankers about the company’s business in Iran, a ruling said on Friday.

But the judge provisionally allowed parts of an expert’s report that Meng’s team requested be permitted into evidence, subject to further submissions about its relevance, the ruling showed.

Meng, 49, was arrested in December 2018 at Vancouver International Airport on a U.S. warrant for allegedly misleading HSBC about Huawei’s business dealings in Iran and causing the bank to violate U.S. sanctions.

She has since been fighting the case from under house arrest in Vancouver and has said she is innocent.

The evidence Meng’s team sought to add related to their claim that HSBC knew about Huawei’s businesses in Iran, and that Meng did not mislead the bank.

Two affidavits were from Huawei employees who attended the meeting where the United States alleges Meng lied about the company’s business connections in Iran.

Associate Chief Justice Heather Holmes of British Columbia Supreme Court said that allowing this into evidence “could do no more than invite credibility findings,” turning the case into a he-said-she-said.

Holmes also rejected two more Huawei employee affidavits alleging that HSBC employees knew about Huawei’s connections to businesses in Iran, stating that they were beyond the “proper scope” of an extradition hearing.

“The difficulty Ms. Meng faces is that this body of evidence relates to issues properly within the domain of a trial, not the extradition hearing,” Holmes wrote.

Holmes did provisionally allow parts of a report by an expert on the application of U.S. sanctions law to financial institutions, stating it could address a potentially misleading aspect of U.S. evidence. But she said that more submissions would be necessary to prove its relevance.

Meng is set to appear in court on Monday as her case enters the final phase of arguments, scheduled to finish in May.

Huawei did not immediately respond to a request for comment.

- ◆ -

注：中文文本为机器翻译仅供参考，并非一一对应

含注释全文：

Judge rejects Meng Wanzhou's push to add statement evidence in extradition case

GlobalNews

The Canadian judge in Huawei CFO Meng Wanzhou's U.S. extradition case rejected her request to admit as evidence Huawei employee statements that contradict a U.S. claim she misled bankers about the company's business in Iran, a ruling said on Friday.

华为首席财务官孟晚舟美国引渡案的加拿大法官周五作出裁决称，拒绝了她将华为员工的陈述作为证据的请求，这些陈述与美国声称她就公司在伊朗（Iran）的业务误导银行的说法相矛盾。

extradition

表示“引渡”，英文解释为“the act of making someone return for trial to another country or state where they have been accused of doing something illegal”，如：emergency extraditions 紧急引渡。

contradict

1）表示“相抵触；相矛盾；相反”，英文解释为“to be so different from each other that one of them must be wrong”举个🌰：

The two stories contradict each other.

这两种说法相互抵触。

2）表示“反驳；驳斥；批驳”，英文解释为“to say that sth that sb else has said is wrong, and that the opposite is true”举个🌰：

All evening her husband contradicted everything she said.

整个晚上她说什么丈夫都反驳。

But the judge provisionally allowed parts of an expert's report that Meng's team requested be permitted into evidence, subject to further submissions about its relevance, the ruling showed.

但裁决书显示，法官暂时允许孟晚舟团队要求的专家报告的部分内容被允许作为证据，但须就其相关性进一步提交材料。

provisional

形容词provisional，表示“临时的，暂时的，暂定的”，英文解释为“likely or able to be changed in the future”副词provisionally，举个🌰：

We accept provisional bookings by phone.

我们接受电话临时预约。

Meng, 49, was arrested in December 2018 at Vancouver International Airport on a U.S. warrant for allegedly misleading HSBC about Huawei's business dealings in Iran and causing the bank to violate U.S. sanctions.

现年49岁的孟晚舟于2018年12月在温哥华国际机场（Vancouver International Airport）因华为在伊朗的业务往来涉嫌误导汇丰银行（HSBC）并导致其违反美国制裁规定而被美国逮捕。

warrant

1）作名词，表示“令状，搜查令；拘捕令”，英文解释为“A warrant is a legal document that allows someone to do something, especially one that is signed by a judge or magistrate and gives the police permission to arrest someone or search their house.”

2）作动词时，表示“使...有必要，使…显得适当”，英文解释为“If something warrants a particular action, it makes the action seem necessary or appropriate for the circumstances.”举个🌰：

Obviously what she did was wrong, but I don't think it warranted such a severe punishment.

显然她做得不对，但我认为她不应该受到如此严厉的惩罚。

3）还有一个用法是表示“担保，保证；许诺”（used to say that you are certain about something），举个🌰：

I'll warrant (you).

我（向你）保证。

🎬电影《美丽心灵》（A Beautiful Mind）中的台词提到：Your record doesn't warrant any placement at all. 你的履历压根不足以保证你能胜任任何职位。

sanction

1）常见含义表示“制裁”，英文解释为“an official order, such as the stopping of trade, that is taken against a country in order to make it obey international law”。

2）可以作动词也可以作名词，表示“批准；认可”，英文解释为“If someone in authority sanctions an action or practice, they officially approve of it and allow it to be done.”举个🌰：

He may now be ready to sanction the use of force.

他或许现在正准备批准使用武力。

She has since been fighting the case from under house arrest in Vancouver and has said she is innocent.

此后，她一直在温哥华（Vancouver）软禁（under house arrest）打官司，并表示自己是无辜的。

The evidence Meng's team sought to add related to their claim that HSBC knew about Huawei's businesses in Iran, and that Meng did not mislead the bank.

孟晚舟的团队试图补充的证据与他们声称的汇丰银行知道华为在伊朗的业务，以及孟晚舟没有误导银行有关。

Two affidavits were from Huawei employees who attended the meeting where the United States alleges Meng lied about the company's business connections in Iran.

两份证词来自参加会议的华为员工，美国指控孟晚舟对公司在伊朗的业务联系撒谎。

affidavit

affidavit /ˌæfɪˈdeɪvɪt/ 表示“（法庭上作证用的）书面证词”（a written statement that someone makes after promising officially to tell the truth. An affidavit can be used as proof in a law court.）

Associate Chief Justice Heather Holmes of British Columbia Supreme Court said that allowing this into evidence “could do no more than invite credibility findings,” turning the case into a he-said-she-said.

不列颠哥伦比亚省最高法院副首席大法官希瑟·霍姆斯（Heather Holmes）说，允许将此作为证据，“只会招致可信度的调查”，使案件变成各执一词。

credibility

表示“可信性”，英文解释为“If someone or something has credibility, people believe in them and trust them.”举个🌰：

The police have lost their credibility.

警察已经失去了他们的可信性。

he-said-she-said

字面意思就是，他说他的，她说她的，大概就是各执一词，难以定论的意思，英文解释为“Conflicting reports from two or more parties on an issue, prototypically involving a situation between a man and a woman with no other witnesses.”

Holmes also rejected two more Huawei employee affidavits alleging that HSBC employees knew about Huawei's connections to businesses in Iran, stating that they were beyond the “proper scope” of an extradition hearing.

霍姆斯还驳回了另外两份华为员工证词，称汇丰银行员工知道华为与伊朗企业的联系，并称这超出了引渡听证会的“适当范围”。

hearing

表示“审讯；审理；听审；听证会”，英文解释为“an official meeting at which the facts about a crime, complaint, etc. are presented to the person or group of people who will have to decide what action to take”。

“The difficulty Ms. Meng faces is that this body of evidence relates to issues properly within the domain of a trial, not the extradition hearing,” Holmes wrote.

“孟女士面临的困难是，这组证据涉及的问题应该属于审判的范畴，而不是引渡听证会，”霍姆斯写道。

trial

1）表示“审讯，审理，审判”，英文解释为“A trial is a formal meeting in a law court, at which a judge and jury listen to evidence and decide whether a person is guilty of a crime.”举个🌰：

I have the right to a trial with a jury of my peers.

我有权要求由和我一样的平民组成的陪审团参加审判。

2）表示“（对能力、质量、性能等的）试验，试用”，英文解释为“the process of testing the ability, quality or performance of sb/sth, especially before you make a final decision about them”。

对比区分：

📍trail作名词则表示“小路，小径”，如：a forest/mountain trail 林间/山间小道，以及“臭迹；踪迹；痕迹；蛛丝马迹，线索”等意思（the smell or series of marks left by a person, animal, or thing as it moves along；various pieces of information that together show where someone you are searching for has gone）举个🌰：

The dogs are trained to follow the trail left by the fox.

这些狗经过特别的训练，能够追踪狐狸留下的气味。

Holmes did provisionally allow parts of a report by an expert on the application of U.S. sanctions law to financial institutions, stating it could address a potentially misleading aspect of U.S. evidence. But she said that more submissions would be necessary to prove its relevance.

霍姆斯确实暂时允许一位专家关于美国制裁法对金融机构的适用性的报告的部分内容（作为证据），并表示该报告可以解决美国方面证据的潜在误导性问题。但她表示，需要提交更多材料来证明其相关性。

submission

表示“提交；呈递；提交（或呈递）的文件、建议等”，英文解释为“the act of giving a document, proposal, etc. to sb in authority so that they can study or consider it; the document, etc. that you give”。

Meng is set to appear in court on Monday as her case enters the final phase of arguments, scheduled to finish in May.

孟晚舟将于周一出庭，她的案件进入最后的辩论阶段，预计5月结束。

Huawei did not immediately respond to a request for comment.

华为没有立即回应置评请求。

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