Senior Conservative members have sought clarity from England’s chief prosecutor about the possibility of restarting the prosecution of two men accused of spying for China, following the collapse of their trial last month. Christopher Cash and Christopher Berry faced allegations of passing secrets to Beijing, but the Crown Prosecution Service (CPS) dropped the charges after the government did not provide evidence that China was considered a threat to national security at the relevant time.

Shadow home secretary Chris Philp and shadow Cabinet Office minister Alex Burghart wrote to Director of Public Prosecutions Stephen Parkinson to ask if the trial could be resumed should the government subsequently declare China a national security threat and supply the requested evidence. This move comes amid ongoing political fallout, with the Conservatives using the case to pressure the current Labour government over its handling of China-related national security concerns.

The government disputes Labour’s claims it is responsible for the case's failure. Security minister Dan Jarvis told the Commons the CPS’s decision was constrained by outdated legislation left unamended by the previous Conservative government. However, Conservative leader Kemi Badenoch rejected this, insisting her party had identified China as a threat on multiple occasions and suggesting the government prioritised economic ties with China above national security and due process. The 2021 Integrated Review had labelled China a threat to “economic security,” but the 2023 update stopped short of explicitly declaring Beijing a national security threat, instead describing China as an “epoch-defining and systemic challenge.” Badenoch has remarked that the UK “should not be describing China as a foe,” a stance reflecting the government's cautious approach.

Labour figures expressed disappointment at the case collapse. Deputy leadership contender Lucy Powell said she was frustrated by the failure and emphasised the importance of consequences for attempts to infiltrate UK political processes, especially through parliamentary groups or MPs. Powell’s comments underscored concerns about safeguarding democracy from foreign interference.

Adding to the controversy are reports about the involvement of national security advisor Jonathan Powell and the Treasury, with allegations suggesting these officials pushed for charges to be withdrawn to protect economic relations with China. Downing Street has firmly denied such claims, asserting that no government member, minister, or adviser influenced the CPS’s independent decision. The Prime Minister reaffirmed his confidence in Jonathan Powell during a visit to Egypt.

The collapse of this high-profile case highlights the complex interplay between national security and international diplomacy, as well as the legal and political challenges in prosecuting espionage linked to China. The CPS Chief Prosecutor reportedly found no evidence at the time of the alleged offences to support claims that China posed a direct national security threat, a factor pivotal in the trial’s failure.

This episode occurs against a backdrop of mounting concerns within UK intelligence circles about Chinese espionage and infiltration. MI5 has reportedly warned the Conservative Party that some of its parliamentary candidates could be linked to Chinese intelligence, raising further alarms about the integrity of the political process. This has led to increased scrutiny of candidates and cooperation between political parties and security agencies to mitigate risks.

The broader political debate over how to frame China—from an economic adversary to a national security threat—remains contentious. While some officials argue for a hardline approach given China’s expanding global influence and espionage activities, others prioritise economic engagement and caution in diplomatic language. The case of Cash and Berry reflects these tensions and serves as a flashpoint in the UK’s evolving China policy and national security strategy.

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Source: Noah Wire Services