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A surprising disclosure by the chief prosecutor has ignited a public debate over the sudden halt of a prominent espionage case.

What Prompted the Case Dismissal?

Prosecutors stated that the case against two UK citizens accused with spying for China was dropped after being unable to secure a crucial testimony from the UK administration confirming that China currently poses a threat to national security.

Without this statement, the trial had to be abandoned, as explained by the prosecution. Efforts were made over several months, but no statement provided described China as a national security threat at the period in question.

What Made Defining China as an Enemy Essential?

The defendants were prosecuted under the now repealed 1911 Official Secrets Act, which mandated that prosecutors prove they were sharing details beneficial for an enemy.

While the UK is not in conflict with China, legal precedents had expanded the definition of enemy to include countries that might become hostile. Yet, a recent ruling in another case specified that the term must refer to a country that represents a current threat to the UK's safety.

Legal experts argued that this change in case law reduced the threshold for prosecution, but the lack of a official declaration from the government resulted in the trial had to be dropped.

Is China a Threat to UK National Security?

The UK's policy toward China has aimed to reconcile concerns about its authoritarian regime with engagement on trade and environmental issues.

Government reviews have referred to China as a “systemic competitor” or “geo-strategic challenge”. Yet, regarding espionage, intelligence chiefs have given clearer alerts.

Former agency leaders have stated that China represents a “priority” for security services, with accounts of extensive industrial espionage and secret operations targeting the UK.

The Situation of the Defendants?

The claims suggested that one of the defendants, a parliamentary researcher, passed on information about the workings of the UK parliament with a friend based in China.

This information was allegedly used in reports prepared for a Chinese intelligence officer. Both defendants denied the charges and maintain their non-involvement.

Legal arguments suggested that the accused thought they were sharing open-source data or helping with commercial ventures, not engaging in spying.

Where Does Responsible for the Case Failure?

Several commentators wondered whether the CPS was “over-fussy” in demanding a public statement that could have been embarrassing to UK interests.

Political figures pointed to the period of the alleged offenses, which took place under the former administration, while the decision to supply the required evidence occurred under the current one.

In the end, the inability to obtain the necessary testimony from the government led to the case being dropped.