UK fails to prove China’s involvement in spy case

(MENAFN) A major UK espionage case accusing two men of spying for China collapsed because the government failed to formally designate China as a national security threat, the country’s most senior prosecutor has revealed.

The charges against Christopher Cash, 30, a parliamentary researcher, and Christopher Berry, 33, a teacher, were dropped last month after prosecutors concluded that the evidence “no longer met the evidential test” required under the Official Secrets Act. Both men denied the allegations.

In a rare and detailed statement to MPs, Director of Public Prosecutions (DPP) Stephen Parkinson said prosecutors had spent “many months” seeking additional evidence from the government that could establish China as an “enemy” at the time of the alleged offences — but such confirmation “was not forthcoming.”

“None of the statements provided stated that at the time of the offence China represented a threat to national security,” Mr. Parkinson wrote, explaining that without this designation, the case could not proceed.

The case had initially been deemed strong enough for prosecution in April 2024, but a precedent set earlier this year in a separate espionage case involving six Bulgarians spying for Russia raised the legal bar.

That ruling clarified that, to convict under the Official Secrets Act, prosecutors must show that the country receiving the information was “an enemy” — defined as one posing a threat to the UK’s national security at the time of the offence.

Since the UK government had not formally labeled China a threat, prosecutors could not meet the new evidentiary threshold.

The collapse of the case has caused widespread anger in Westminster, with ministers privately criticizing the Crown Prosecution Service (CPS) for what they viewed as excessive caution.
However, Mr. Parkinson defended the CPS, saying he had only spoken out after “government briefings” had mischaracterized the prosecution’s role.

Prime Minister Sir Keir Starmer said his government could only rely on the previous administration’s position, which described China as an “epoch-defining challenge” rather than a direct threat.

“That assessment cannot be applied retrospectively,” Starmer said.

Number 10 denied claims that it had withheld or limited evidence, calling such suggestions “untrue.”

Former DPP Lord Macdonald said the Attorney General, Lord Hermer, should appear before Parliament to explain the debacle:
“You simply cannot have a serious national security case collapsing without some proper explanation being given to the public.”

He also accused Downing Street of “briefing against the prosecutors”, adding:
“Of course China is a threat to the UK’s national security. The government might not want to state that publicly, but the prosecution could have proved it by demonstrating the recruitment of British citizens as spies.”

Former Intelligence and Security Committee (ISC) chair Dominic Grieve called the situation “a muddle,” suggesting the government had failed early on to decide whether China should be legally described as an enemy.

“It may matter less what you call it in documents if you can explain in court why it constitutes an enemy — but it seems that step was missed,” he said.

UK intelligence agencies have long warned of Chinese espionage operations. In 2023, MI5 chief Ken McCallum described a “sustained campaign of Chinese espionage on a pretty epic scale,” while a Parliamentary Intelligence and Security Committee report found that China had “penetrated every sector” of the UK economy.

The case’s collapse comes as the Labour government seeks to reset relations with Beijing, with officials emphasizing “pragmatic engagement.”

Foreign Secretary David Lammy became only the second UK foreign secretary in six years to visit China in October 2024, saying both countries should “find pragmatic solutions to complex challenges.”

Earlier this year, National Security Adviser Jonathan Powell also made a quiet visit to Beijing — later confirmed by the Chinese government — where he reportedly expressed Britain’s willingness to build a ‘stable, practical and long-term partnership.’

Observers say the government’s reluctance to formally call China a threat reflects this delicate balancing act — one that may have inadvertently undermined a major espionage prosecution.

As former BBC security correspondent Gordon Corera put it:
“There had been a lot of expectation around this case — people thought there would be fireworks. Instead, the government seems to have decided it didn’t want fireworks around China.”

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