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彭博社:孟晚舟案非常复杂,可能会拖延数月甚至数年,中国是否有耐心在等待该案判决期间不采取进一步恶化局势的行动?此外,加方认为加公民康明凯享有外交豁免权,为何中方认为他没有?
卢大使:中方认为,孟晚舟案从一开始就不具有合理性。从加拿大方面看,她没有违反加任何法律。从美国方面讲,美国指控她违反了所谓的制裁伊朗法案,而这是美国国内的法律。美国的“长臂管辖”没有任何国际法依据,这是将国内法凌驾于国际法之上。如果所有国家都像美国一样用“长臂管辖”实现自身目的,世界就乱了。相信加方也不会希望某个加公民因吸毒或贩毒,当他在第三国旅行时被中国政府抓捕。所以孟晚舟女士的案子不应持续很长时间,应很快做出了断,就是将她释放。至于康明凯先生的外交豁免问题,中国也有很多国际法专家,他们研究了《维也纳外交关系公约》认为,从这次康明凯访华的身份、持有的护照、签证都意味着他不享有“外交豁免”。至于加政府讲的,在他任驻华外交官期间从事的活动具有所谓的“余效豁免”。实际上根据国际法和国际惯例,如其活动不是执行职务也不能享有“余效豁免”。《维也纳外交关系公约》规定,危害国家安全的行为不属于执行职务的行为。美国、加拿大以及其他西方国家有很多类似判例,都认为外交官从事危害驻在国国家安全的行为不是执行职务的行为。
Bloomberg: I was wondering in the Meng wanzhou's case, that could be months or perhaps for years because it is a complicated international decision. Can China wait that long not escalating situation further? Prime Minister Trudeau said Mr. Kovrig has some forms of diplomatic immunity. Why does China not view him having any diplomatic immunity?
Ambassador Lu: With regard to Ms. Meng's case, from the very beginning, China has always believed that this case is not justifiable. From the perspective of Canada, Ms. Meng did not violate any Canadian law. From the perspective of the U.S., the allegation is that Ms. Meng violated its sanction against Iran. But this is U.S.'s domestic law, so this can be called as a long arm jurisdiction in which the U.S. put its domestic law above international law. If all countries act like the U.S. and apply long arm jurisdiction for their own purposes and objectives, then the world would be a mess. I believe that Canada does not want to see a Canadian national being arrested in a third country by China for charges for example drug trafficking. So we believe that Ms. Meng's case should not be last very long. It should be resolved very soon. The result would be her release. With regard to your second question about diplomatic immunity for Michael Kovrig, there are lots of international law experts in China who have studied the Vienna Convention on Diplomatic Relations and Chinese side believes that Michael Kovrig entered China with a regular passport and business visa, and he does not enjoy diplomatic immunity. While some people in Canada say that his work and duties as a former diplomat enjoys residual immunity, however, based on the relevant clauses in the Vienna Convention on Diplomatic Relations, if these activities were performed not in his role as a diplomat, then he does not enjoy diplomatic immunity. According to the Convention, activities that endanger national security are not activities or duties carried out by a diplomat. There are similar cases and rulings in the U.S., Canada and western countries that activities carried out that endanger country's national security are not considered as activities in his capacity being a diplomat.