Huawei urges US to ‘correct its mistakes’

By Chen Qingqing in Shenzhen Source:Global Times Published: 2019/5/29 23:08:41

Top US high-tech firms fear ban risks isolating nation from research

Song Liuping (second from left), chief legal officer of Chinese tech giant Huawei, and Vincent Pang (third from left), Huawei's Head of Corporate Communications, attend a press conference at the Huawei facilities in Shenzhen, South China's Guangdong province on Wednesday. Photo: AFP

"Time's glory is to unmask falsehood, and bring truth to light." This famous quote from William Shakespeare was cited by Vincent Pang, senior vice president of Huawei and head of corporate communications, on Wednesday in describing the current global obstacles following bullying and extreme pressure from the US. 

In the face of the US clampdown, Huawei announced on Wednesday that it has filed a motion in US court to challenge the constitutionality of the US law, speeding up the legal process to defend its own interests. 

Huawei also urged the Donald Trump administration to stop its state-sanctioned campaign against the company, Song Liuping, Huawei's chief legal officer, told a press conference at the company's headquarters in Shenzhen, South China's Guangdong Province on Wednesday. 

The latest move came after the US Commerce Department added the firm - the largest telecoms equipment provider and second-largest smart phone vendor in the world - to the Entity List, casting a shadow over the global supply chain, which also affects the future of technology. 

The US crackdown on Huawei is based on groundless accusations, as "it has provided no evidence to show Huawei is a security threat," Song told the conference. 

The Shenzhen-based company filed a lawsuit in March at the US District Court in Plano, Texas, seeking a declaratory judgment that the restrictions targeting Huawei are unconstitutional, and a permanent injunction against these restrictions.

Filing a motion for summary judgment on Wednesday was done with an agreement with US Justice Department, which is considered the most efficient way to process the case, Glen Nager, Huawei lead counsel in the lawsuit and a partner at US-based Jones Day, told the Global Times at the conference. 

In its complaint, Huawei argues that Section 889 of the 2019 National Defense Authorization Act (NDAA) singles out the Chinese company by name and not only bars US government agencies from buying Huawei equipment and services, but also prohibits them from contracting with or awarding grants or loans to third parties who buy Huawei equipment and services.

The US Congress may not selectively punish a specific person or may not exercise executive or judicial powers. However, Section 889 deprives Huawei of its interests without affording it constitutionally protected due process, Nager noted. 

Huawei has been pushed into a corner by US authorities over so-called national security reasons, while US President Donald Trump claimed to use the company as a bargaining chip for trade negotiations with China. 

"Huawei took an active approach by speeding up the legal process in the US, as Washington has already acted without respecting the rule of law by using national power to suppress a specific company," said Xiang Ligang, director-general of the Beijing-based Information Consumption Alliance, who has been following the Huawei case for months.  

"Huawei is taking the initiative with a full-fledged legal offensive, which is a very smart move," he told the Global Times on Wednesday. 

Continue the battle

The Huawei ban has caused collateral damage to not only rural Americans who could lose a network service but also the whole supply chain in high technology, which has fostered a close partnership over the years. And major US tech companies have reportedly voiced their concern over the Washington-proposed restrictions targeting Chinese companies, which could backfire on US firms. 

Microsoft warned in a letter to US authorities that its restrictions risked isolating the US from international research collaboration and could thwart US interests, while Google's parent company Alphabet and GE also warned that the sanctions will impede America's capacity to innovate, according to media reports. 

"We're now reviewing and exploring various options, including administrative and juridical remedies, and we believe ultimately we're fighting for a fair chance to compete in the market, which is a universally recognized value," Song said in responds to the export controls. 

From a legal perspective, the primary proponent of the NDAA stated in the US Senate that the Act's purpose was to give Huawei the "death sentence," legal analysts said.  

"The Chinese company is fighting for its rights and defending the US Constitution," Yue Dongxiao, a US-based lawyer, told the Global Times.

While Huawei continues its legal battle, China is expected to come up with more countermeasures in the face of mounting pressure from the US, analysts noted. 

"Huawei does its own business and Chinese authorities are likely to implement necessary measures, and the two won't yield to pressure from Washington," Xiang said. 

In recent days, young Chinese people have become more united, especially after the interviews of Ren Zhengfei, founder and CEO of Huawei, were released, the China Youth Daily said in an article published on Wednesday. "The young generation makes countless posts on social media to show their support," the article noted. 

"They feel 'thankful' for the US, as the trade war can't beat us, but only makes us more patriotic, more united, and also makes us more confident to push forward self-reliance innovation to make our country stronger," read the article.

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