A surprising disclosure by the Director of Public Prosecutions has ignited a political dispute over the abrupt termination of a prominent spy trial.
Legal authorities stated that the case against two UK citizens charged with spying for China was discontinued after failing to secure a key witness statement from the UK administration confirming that China represents a threat to national security.
Lacking this evidence, the trial could not proceed, according to the prosecution. Attempts were made over an extended period, but no statement provided described China as a national security threat at the period in question.
The accused individuals were prosecuted under the now repealed 1911 Official Secrets Act, which required that prosecutors prove they were sharing details beneficial for an enemy.
While the UK is not in conflict with China, court rulings had broadened the definition of adversary to include countries that might become hostile. Yet, a recent ruling in a separate spy trial clarified that the term must refer to a nation that represents a current threat to national security.
Legal experts suggested that this adjustment in case law reduced the bar for prosecution, but the absence of a formal statement from the authorities meant the trial could not continue.
The UK's policy toward China has aimed to balance concerns about its political system with engagement on economic and environmental issues.
Government reviews have described China as a “epoch-defining challenge” or “geo-strategic challenge”. Yet, regarding espionage, intelligence chiefs have issued clearer warnings.
Former agency leaders have stated that China represents a “significant focus” for intelligence agencies, with reports of widespread corporate spying and secret operations targeting the UK.
The allegations suggested that one of the individuals, a political aide, shared information about the workings of the UK parliament with a friend based in China.
This information was allegedly used in documents prepared for a Chinese intelligence officer. Both defendants rejected the charges and maintain their innocence.
Legal arguments suggested that the defendants thought they were exchanging publicly available information or assisting with commercial ventures, not engaging in spying.
Some commentators questioned whether the CPS was “over-fussy” in requesting a court declaration that could have been embarrassing to UK interests.
Political figures highlighted the period of the incidents, which occurred under the previous government, while the refusal to supply the required evidence occurred under the current one.
Ultimately, the inability to obtain the necessary testimony from the government resulted in the case being dropped.
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