437:, including officials and media. Schellenberg's defense lawyer, Zhang, defended his innocence. Zhang pointed out in court that the first trial did not rule out a number of important doubts, and the facts were unclear and the evidence was insufficient; even if the court convicts Schellenberg, taking into account that he failed to commit smuggling, combined with other factors, he should be sentenced to deportation instead of imprisonment. Zhang also considered the possibility of witness Xu Qing being a special police officer, and asked key witness Xu Qing to appear in court. Schellenberg argued that Xu had taken him to tool stores and tire stores, but he had not bought tires and tools; he had never entered a warehouse with drugs, and Xu Qing had only taken him to sightseeing nearby. Schellenberg said three times in court, "It's ridiculous". Prosecutors said that according to the clues they had, the case was likely to be an organized international drug trafficking activity, in which Schellenberg played an important role. The first trial that sentenced Schellenberg to 15 years in prison should be reviewed by that court. The trial lasted about two and a half hours. The Liaoning Provincial High Court issued a judgment, stating that the facts of the first trial were unclear, and the decision was returned to the initial court.
517:
journalists. Schellenberg reportedly asked the court to stop
Canadian media from hearing the trial, according to Chinese media sources. In court, prosecutors added accusations that Schellenberg had participated in and played a major role in international drug trafficking organizations. Xu Qing, who never appeared in the first and second trials, testified in court for more than an hour. The court adjourned for an hour at noon and resumed its hearing at 1:30 pm. The total length of the trial was about 13 hours. On the same day, the court found Schellenberg guilty and sentenced him to death and confiscation of all personal property for drug trafficking, agreeing with the judgement of the second trial. Zhang said Schellenberg would appeal the sentence. The appeal was denied on August 10, 2021, although the Supreme People's Court has not yet decided whether the execution may take place.
565:, points out that the case is unusual and it is difficult to believe that the case has nothing to do with Meng. Clarke said that Schellenberg had been arrested in December 2014, but the first trial was in March 2016 and the sentencing in November 2018, which took a relatively long time, but the time taken for retrial was very fast (16 days). Also, retrial of criminal cases is very rare. According to statistics from Clarke, only 2% of Chinese criminal cases were retried in 2017; in addition, Chinese courts rarely voluntarily invite foreign media to attend trials. Stephen McDonell, a BBC correspondent in Beijing, pointed out that China's death sentence needs review by the
534:, wrote that he had attended the trial and sentencing of the case. During the retrial, the public prosecutor added prosecution of Schellenberg for participating in international drug trafficking activities and playing a major role in criminal organizations. During the trial, the prosecution also produced corresponding evidence. In addition, the prosecutor mentioned in the second trial that the evidence being pursued at the time showed that Schellenberg may have participated in international criminal organizations and played a major role. The Liaoning Provincial High Court also adopted the prosecutor's opinion.
262:. Jian, "Stephen" and Mai participated in the transportation. On December 5, Mai was arrested by the police. The public security department seized 501 kilograms of methamphetamine. During the period, Kem and others used the two controlled accounts to provide funds for Jian and Mai. By the time of the retrial, Kem, Stephen and Mr. Zhou had not been captured by the Chinese police, and Jian and Mai had been dealt with in another case. Jian was sentenced to life imprisonment for drug trafficking and illegal possession of drugs, and Mai was sentenced to
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of
November 27, Schellenberg contacted Mai Qingxiang by phone and asked him to find another warehouse to store drugs. Mai telephoned a warehouse shop in Dalian to find a warehouse. On November 29, Xu Qing suspected that the case was a drug crime and reported it to the police. Upon finding out that the police were informed, Schellenberg planned to escape to Thailand from the hotel via Dalian Airport in the early morning of December 1, 2014. On the way, he discarded his old phone card and replaced it with a new one. When the plane had a stopover at
550:, Beijing Municipal Justice Bureau, and Xicheng District Justice Bureau also placed pressure on lawyers. Zhang and others believed that after the second instance court sent back the retrial, the case of the first instance court's retrial filing, trial, and judgment was very rapid and rare. However, Zhang believes that the retrial procedure is in compliance with the law.
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prosecutions by the People's
Procuratorate, which is the so-called "no additional sentence for appeal" rule. According to Article 347 of the Criminal Law of the People's Republic of China, 15 years of imprisonment, life imprisonment, or the death penalty are appropriate sentences for smuggling over 50 g (with Schellenberg smuggling 222 kg).
214:(born 1982) is a Canadian citizen and grew up in Abbotsford, British Columbia. Schellenberg had been jailed twice in Canada for drug possession, and had been arrested a total of 11 times for drug offences and driving under influence before being arrested in China. According to 2012 court documents, Schellenberg had previously suffered from a
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condemned the
Canadian government's move and said they should instead remind their citizens to follow the law while in China. The foreign ministry also issued a travel warning similar to the one Canada had issued, alleging that Canada had recently "arbitrarily" detained a Chinese national—an apparent
525:
The
Schellenberg case has caused controversy in law and diplomacy. Schellenberg's defense lawyer Zhang Dongshuo and others believed that the prosecutor's supplementary prosecution was still within the scope of the old criminal facts, so the public prosecutor did not supplement new criminal facts, and
117:
Schellenberg's defense lawyer Zhang
Dongshuo and others argued that the Dalian Intermediate People's Court's decision violated the rule of "no additional sentence on appeal". Chinese official media and some Chinese jurists believe that the judgment of the Dalian Intermediate People's Court is in line
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instructed it to give a 15-year sentence, which according to the insider violated legal requirements; the insider said that the second trial usually did not require a face-to-face trial but was generally conducted in writing. However, in view of the Meng
Wanzhou events, the court suddenly decided to
393:
After the first trial court has made a judgment on a case sent back for retrial in accordance with the third paragraph of the preceding paragraph, if the defendant appeals or the people's procuratorate disagrees, the people's court of the second instance shall make a judgment or ruling in accordance
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at 1 pm on the same day, the police arrested
Schellenberg. After inspection by the police, the net weight of 222 packets of methamphetamine he was carrying was 222.035 kilograms (489.50 lb). In December 2014, Schellenberg was detained. In January 2015, the prosecution approved his arrest and he
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liner and smuggle it to
Australia. Later, at the request of Schellenberg, Xu Qing brought him to buy related tools, including tires, liners, and used containers. After checking the cargo and estimating the workload, Schellenberg postponed the shipping time from November to December. In the afternoon
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were arrested by the
National Security Agency in Dandong, Liaoning. Kovrig and Spavor were charged with jeopardising China's national security. China has denied that the arrest of Kovrig and Spavor was connected with Meng's. However, some media consider the move to be a retaliatory action by China.
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In the case where the defendant or its legal agent or close relatives have filed an appeal, after the People's Court of Second Instance has returned the case for retrial, except for new criminal facts and the supplementation of the prosecution, the original trial court may not increase the sentence
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ruled in court to send the case back to Dalian Intermediate People's Court for retrial. On January 14, 2019, the Dalian Intermediate People's Court opened a retrial to review the case, sentencing Schellenberg to death and confiscation of all property. After the retrial, Schellenberg's defense team
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Schellenberg pleaded not guilty and described himself as an innocent tourist framed by Xu. Schellenberg said he hadn't been to a "warehouse with methamphetamine", but only traveled near the warehouse; Xu took him to a tool store and a tire store, but he didn't buy tools and tires. Schellenberg's
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injury at work, and began to use pain medications to relieve pain and became addicted. In 2010, Schellenberg was sentenced to "one year in prison and two years' probation" for trafficking and transporting drugs. In 2012, Schellenberg was sentenced to two years in prison for drug-related offenses
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On January 10, 2019, the Dalian Intermediate People's Court announced that it will open a trial at 8 am on January 14 to hear the case of Schellenberg smuggling drugs. More than 50 people attended the trial on the 14th, including four Canadian embassy staff, the public, and Chinese and foreign
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Article 237 of the "Criminal Procedure Law of the People's Republic of China" and Article 327 of the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" stipulate that if the defendant appealed and the retrial court
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On March 15, 2016, the Dalian Intermediate People's Court opened a trial for the Schellenberg drug smuggling case. The Canadian Embassy in China attended the hearing. On November 20, 2018, the Intermediate People's Court of Dalian sentenced Schellenberg to 15 years in prison, confiscation of
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to provide funds for drug trafficking. In mid-October 2014, Kem hired a translator Xu Qing, who did not know of the drugs, to rent a warehouse in Dalian to purchase tires, and hid 20 tons of plastic pellets (including 222 packets of methamphetamine that Mr. Zhou and Jian Xiangrong took from
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The Schellenberg case has caused controversy in law and diplomacy. Chinese law stipulates that if the defendant appealed and the retrial court returned the case for review, the original trial court shall not increase the criminal's sentence unless there are new criminal facts and additional
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claims to have asked the Chinese government to spare Schellenberg's life. The Canadian government issued a travel warning saying that going to China may face the risk of arbitrary enforcement of laws in the country, requiring citizens traveling to China to be highly vigilant. In response,
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including for trafficking purposes. His father stopped supporting him since he was in prison, but some other relatives still supported him. When Schellenberg was released from prison in 2013, his whereabouts were unknown. According to his aunt, Schellenberg "used earnings from working in
464:. The Chinese ambassador to Canada announced that Canada's arrest of Meng was a blatant violation of human rights, and China expressed anger and demanded that Canada release Meng immediately. According to information at a bail hearing on December 7, the United States had accused Meng of
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Guangzhou) into the warehouse. Kem also informed Xu Qing that he would send a foreigner to help handle the goods. On November 11, 2014, Xu Qing received the goods in Dalian. On November 19, Schellenberg arrived in Dalian under the designation of Kem, trying to hide the drug in a
495:
stated at a regular press conference that the Meng case is not a regular legal case, and that Canada is not handling the case in accordance with fairness and justice, but is abusing judicial procedures, and Canada must bear the consequences and responsibility.
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returned the case for review, the original trial court shall not increase the criminal's sentence unless there are new criminal facts and additional prosecutions by the People's Procuratorate, which is the so-called "no additional sentence for appeal" rule.
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If the facts of the original judgment are not clear or the evidence is insufficient, the judgment may be amended after the facts have been found out; or the original judgment may be revoked and returned to the original trial people's court for
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the court violated the "no additional sentence for appeal" rule. However, some Chinese state media and jurists believed that the judgment of the court did not violate the rule as new criminal facts were provided. Pei Zhaobin, Dean of the
695:
235:
At the time of the retrial, the Dalian Intermediate People's Court determined that "Kem", "Steven", "Mr. Zhou" and others were controlling an international drug trafficking organization. They had two accounts with
484:. While on bail, she was monitored by two security guards and a driver. She was required to wear an electronic foot ring equipped with GPS equipment. The monitoring fee was paid by Meng, and she was given a
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On December 26, 2018, the Liaoning Provincial Higher People's Court announced that the appeal was scheduled to open for trial at 2 pm on December 29, 2018, and it did so without delay. There were about 50
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Smuggling, selling, transporting, or manufacturing drugs in any of the following circumstances shall be punished by fifteen years' imprisonment, life imprisonment or death, and confiscation of property:
270:
defense lawyer, Zhang, believed in the first instance that the evidence in this case was insufficient and that the facts were unclear, and the trial did not rule out a number of major reasonable doubts.
578:
has publicly expressed serious concerns that China's death sentence is arbitrary. On the same day that the Schellenberg case was re-examined, Trudeau announced a slight cabinet shuffle, with
382:
Where the facts and applicable laws of the original judgment are correct, and the sentencing is appropriate, the appeal or protest shall be rejected and the original judgment shall be upheld;
101:. Schellenberg appealed the verdict. The following December 29, the Liaoning Provincial High People's Court retried him. During the trial, the state prosecutor claimed Schellenberg was an
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Chapter VI, Section VII of the Criminal Law of the People's Republic of China, as amended in 1997, stipulates that smuggling, trafficking, transportation, manufacturing over 50 grams of
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According to the Dalian Intermediate People's Court, from mid-November to early December 2014, Mr. Zhou twice sent Jian to hire a car to transport the goods with drugs from Guangzhou to
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Bill Bishop described the Sino-Canadian relationship as having escalated to "criminal diplomacy" from "hostage diplomacy" after the case. Donald Clarke, a professor of Chinese law at
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with relevant laws, as they argued that there was additional evidence and hence the rule no longer applies. In addition, some questioned the case's evidence and trial procedures.
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by drug dealer Xu Qing and that he was an innocent tourist. On November 20, 2018, the Dalian Intermediate People's Court sentenced Schellenberg to 15 years in prison for
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If the retrial court disagrees with the judgment of the first instance, after hearing, the cases shall be handled separately according to the following circumstances:
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If the facts are found to be correct in the original judgment, but there are errors in the applicable law or improper sentencing, the sentence shall be changed;
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Smuggling, trafficking, transportation, and manufacturing of drugs, regardless of the quantity, shall be investigated for criminal responsibility and punished.
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RMB150,000 of personal property, and deportation. Schellenberg's defense lawyers claimed his innocence. Schellenberg himself appealed against the verdict.
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105:. At the retrial, it was claimed he played an "important role". Despite the crime not succeeding, a light punishment was rejected. The High Court of
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for jeopardising national security. Some sources believe that China has been pressuring Canada through Schellenberg, as well as that the previous "
562:
74:
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that the evidence in this case was dubious. It was said that the initial trial court asked for assistance from higher courts, and eventually the
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is a case in which Canadian citizen Robert Lloyd Schellenberg was tried and convicted to capital punishment on charges of smuggling drugs in the
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In addition, some people questioned the case's evidence and legal procedures. Someone "familiar with the case" disclosed to the
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There are many precedents in China for death penalties for drug crimes being applied to foreign nationals. In 2009, the
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Prior to the retrial, on December 1, 2018, at the request of the United States, Canada arrested the vice chairman of
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said Lametti will be involved in deciding whether to extradite Meng to the United States. Canadian Foreign Minister
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were sentenced to death for drug crimes in China. In 2014, three South Koreans were executed for drug trafficking.
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in November 2014; after discovering that his translator had informed the police, he allegedly boarded a plane at
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may carry a sentence of fifteen years in prison, life imprisonment or execution, and confiscation of property.
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1121:"【开庭公告】2018年12月29日下午14时,辽宁省高级人民法院在大连市中级人民法院第六法庭公开开庭审理上诉人罗伯特•劳埃德•谢伦伯格(英文名ROBERT LLOYD SCHELLENBERG)犯走私毒品罪上诉一案。"
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846:"Chinese court rejects Robert Schellenberg's appeal against death penalty, as Michael Spavor awaits verdict"
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After Meng's arrest, Chinese police arrested two other Canadian citizens. On December 10, former diplomat
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867:"'Your country deserves much better': B.C. judge warned Canadian sentenced to death in China"
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Armed concealment of smuggling, trafficking, transportation, or manufacturing of drugs;
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Main members of drug smuggling, trafficking, transportation, and manufacturing groups;
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81:. Schellenberg was arrested by Chinese police when the plane had a stopover at
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460:. On December 1, at the request of the United States, Canada arrested Meng at
183:
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According to the prosecutors for the state, Schellenberg attempted to smuggle
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Participating in organized international drug trafficking activities. (Below)
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Smuggling, selling, transporting, or manufacturing more than one kilogram of
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with the law and may not return the people to the original court for trial.
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Serious cases of resisting inspection, detention, or arrest using violence;
476:. On December 11, the judge ruled that Meng was allowed to be released on
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from 11pm to 6am every day. On January 15, 2019, the spokesperson of the
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688:"Canadian convicted on drug charges in China will appeal death sentence"
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911:"China Sentences a Canadian, Robert Lloyd Schellenberg, to Death"
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with a net weight of just over 222 kg (489 lb) from
58:, which Canada "condemned in the strongest possible terms".
791:"Chinese court rejects Canadian's appeal of death sentence"
612:
reference to Meng Wanzhou's detention several weeks prior.
30:
Dalian Intermediate People's Court (first and second trial)
885:"Robert Schellenberg: What we know about his case so far"
399:
Criminal Procedure Law of the People's Republic of China
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Liaoning Provincial Higher People's Court (third trial)
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appeal denied pending Supreme People's Court decision
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445:Before the second trial of the Schellenberg case,
97:of 150,000 yuan in personal property, as well as
449:deteriorated rapidly due to Canada's arrest of
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553:Some have linked the Schellenberg case to the
358:not to execute Shaikh. From 2010 to 2016, six
330:Criminal Law of the People's Republic of China
16:Drug smuggling incident of a Canadian in China
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141:" has been upgraded to "criminal diplomacy."
8:
344:was executed for drug trafficking. The then
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255:was taken to the Dalian Detention Center.
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366:"No additional sentence for appeal" rule
1494:"加拿大籍上诉人谢伦伯格走私毒品一案二审宣判:维持死刑原判_罗伯特·劳埃德·"
641:
621:
75:Dalian Zhoushuizi International Airport
1153:"法学专家:加拿大籍毒贩谢伦伯格重审一审被判死刑,没有违反上诉不加刑的原则"
83:Guangzhou Baiyun International Airport
1626:Prisoners sentenced to death by China
314:, or large quantities of other drugs;
7:
1416:from the original on 16 January 2019
546:switch to a face-to-face trial. The
1465:"加拿大籍被告人罗伯特·劳埃德·谢伦伯格因犯走私毒品罪被依法判处死刑"
946:"加拿大籍被告人罗伯特•劳埃德•谢伦伯格因犯走私毒品罪被依法判处死刑"
865:Proctor, Jason (January 14, 2019).
817:"加拿大籍谢伦伯格走私毒品案发回重审 检方:极有可能参与国际贩毒活动"
85:. Schellenberg argued that he was
14:
1631:Canadian people imprisoned abroad
1069:. 新华网. 2018-10-27. Archived from
980:"加拿大公民在华走私毒品案 因一审从轻处罚"明显不当"被发回重审"
227:to pay for his travels in Asia".
77:with the intention of fleeing to
462:Vancouver International Airport
52:Schellenberg smuggling incident
42:January 14, 2019 (second trial)
40:November 20, 2018 (first trial)
22:Schellenberg smuggling incident
1381:"外交部证实中方对两名加拿大人采取强制措施,已分别通报加方"
135:arrested two Canadian citizens
1:
909:Buckley, Chris (2019-01-14).
110:stated that it would appeal.
44:August 10, 2021 (third trial)
1582:. 2019-01-15. Archived from
1553:. 2019-01-15. Archived from
1524:. 2019-01-16. Archived from
1471:. 2019-01-14. Archived from
1442:. 2019-01-14. Archived from
1387:. 2018-12-13. Archived from
1358:. 2018-12-12. Archived from
1329:. 2018-12-13. Archived from
1298:"加拿大前外交官康明凯中国被拘,中国暗示其"非法活动""
1275:. 2018-12-13. Archived from
1246:. 2018-12-12. Archived from
1217:. 2018-12-10. Archived from
1188:. 2018-12-06. Archived from
1159:. 2019-01-15. Archived from
1127:. 2018-12-26. Archived from
1098:. 2019-01-10. Archived from
1044:. 2018-12-28. Archived from
1015:. 2018-02-06. Archived from
986:. 2018-12-30. Archived from
952:. 2019-01-14. Archived from
823:. 2018-12-29. Archived from
765:. 2019-01-15. Archived from
759:"加拿大人被判死刑:"上诉加刑"与"行刑外交"引发争议"
694:. 2019-01-15. Archived from
665:. 2019-01-15. Archived from
592:Minister of Veterans Affairs
586:and former Attorney General
563:George Washington Law School
480:, with a bail of 10 million
351:had personally pleaded with
162:1982 (age 41–42)
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1323:"加拿大公民迈克尔因涉嫌危害中国国家安全被依法审查"
596:Radio Canada International
264:death with 2-year reprieve
56:People's Republic of China
1636:Canadian drug traffickers
1547:"加拿大发布中国旅行提醒 华春莹:应提醒别来贩毒"
1518:"加拿大外长称已经请求中国饶加籍毒贩谢伦伯格一命"
1412:. 大连市中级人民法院. 2019-01-10.
724:(in Chinese) – via
659:"加拿大男子走私毒品案为何不适用"上诉不加刑"?"
212:Robert Lloyd Schellenberg
205:
177:
153:Robert Lloyd Schellenberg
1352:"前加拿大外交官在中国被捕,或激化中加紧张关系"
1269:"加拿大又一公民在中国被查 在华业务与朝鲜有关"
605:China's Foreign Ministry
490:Chinese Foreign Ministry
306:, more than 50 grams of
252:Guangzhou Baiyun Airport
1211:"孟晚舟被控欺诈,涉嫌违反美国对伊朗制裁禁令"
1182:"华为CFO孟晚舟在加拿大被捕,或被引渡至美"
573:Canadian Prime Minister
532:Dalian Ocean University
144:
567:Supreme People's Court
543:Supreme People's Court
447:China-Canada relations
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266:for drug trafficking.
131:Canada–China relations
129:, causing friction in
1038:"加拿大公民在华被控贩毒 会被判死刑吗?"
557:incident. U.S.-based
453:'s vice chairman and
274:Relevant Chinese laws
1576:"外交部提醒中国公民近期谨慎前往加拿大"
1092:"加拿大人走私毒品案将于14日公开审理"
1009:"中华人民共和国刑法(1997年修订)"
588:Jody Wilson-Raybould
242:China Merchants Bank
1240:"孟晚舟获准保释,引渡程序或持续数月"
1067:"受权发布:中华人民共和国刑事诉讼法"
548:Ministry of Justice
145:Defendant's history
1436:"官媒:谢伦伯格要求不让加媒体出席"
915:The New York Times
468:and violations of
103:accessory criminal
1580:“领事直通车”微信公众号 澎湃新闻
600:Chrystia Freeland
414:of the defendant.
353:Chinese President
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1498:www.sohu.com
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1304:. 2018-12-12
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891:. 2019-01-15
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820:
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793:. 2021-08-10
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719:中华人民共和国刑事诉讼法
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662:
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609:Hua Chunying
607:spokeswoman
571:
555:Meng Wanzhou
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458:Meng Wanzhou
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342:Akmal Shaikh
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238:Ping An Bank
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127:Meng Wanzhou
120:
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95:confiscation
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512:Third trial
419:First trial
411:Article 327
376:Article 236
292:Article 347
99:deportation
1605:Categories
1590:2019-01-16
1561:2019-01-16
1532:2019-01-16
1503:2021-08-10
1479:2019-01-16
1450:2019-01-16
1395:2019-01-16
1366:2019-01-16
1337:2019-01-16
1308:2019-01-16
1283:2019-01-16
1254:2019-01-16
1225:2019-01-16
1196:2019-01-16
1167:2019-01-16
1135:2019-01-16
1106:2019-01-16
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1052:2019-01-16
1023:2019-01-16
994:2019-01-16
960:2019-01-16
928:2021-08-10
895:2021-08-10
851:2021-08-10
831:2019-01-16
797:2021-08-10
773:2019-01-16
726:Wikisource
702:2019-01-16
673:2019-01-16
636:References
225:oil fields
166:Abbotsford
1125:辽宁省高级人民法院
950:大连市中级人民法院
923:0362-4331
521:Reactions
356:Hu Jintao
279:Smuggling
71:Australia
1414:Archived
889:BBC News
871:CBC News
663:环球时报-环球网
435:auditors
397:—
389:retrial.
360:Japanese
328:—
260:Hangzhou
172:, Canada
79:Thailand
221:Alberta
216:femoral
37:Decided
1420:16 Jan
1410:"开庭公告"
921:
721:
486:curfew
451:Huawei
406:
308:Heroin
123:Huawei
87:framed
67:Dalian
1327:东北新闻网
692:华盛顿邮报
616:Notes
466:fraud
304:Opium
200:Death
27:Court
1522:观察者网
1440:联合早报
1422:2019
1385:央视新闻
1356:纽约时报
1244:纽约时报
1215:纽约时报
1186:纽约时报
1157:法制日报
1042:联合早报
984:联合早报
919:ISSN
478:bail
474:Iran
247:tire
231:Case
159:Born
50:The
1551:环球网
1469:新华网
1302:BBC
1273:BBC
1096:新京报
821:大公网
763:BBC
590:as
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