(source : ANI) ( Photo Credit : ani)
London, UK – A high‑profile espionage case that had been set to start this week in a London court was unexpectedly dropped by prosecutors. The case involved two men accused of spying for China from December 2021 to February 2023, a decision that came after a legal debate over what “enemy” means in the Official Secrets Act.
The new interpretation, approved by the Court of Appeal, defines an enemy state as any country that poses a current threat to UK national security, such as Russia. Friendly powers fall outside that definition. Under this rule, prosecutors would have had to prove that China was seen as a threat when the alleged spying happened. But from December 2021 to February 2023, the UK government did not label China as an adversary. In 2021 China was called a “systemic competitor,” and in 2023 a “systemic challenge,” not a threat.
Stephen Parkinson, Director of Public Prosecutions, told lawmakers that the team spent months trying to secure government statements that could satisfy the updated test. He said that witness statements failed to show China as a threat at the time, and by August 2025 the case was no longer viable. The prosecution could not move forward, he added, which is why the case was dropped.
Critics argue that the government could have offered a statement to keep the trial alive. Some lawmakers suggest that the decision was driven by a desire to keep trade ties with Beijing open, despite concerns about national security.
The two men, Christopher Cash and Christopher Berry, were charged under the 1911 Official Secrets Act for “prejudicial” information that could harm Britain’s safety and interests. Both denied the charges.
The Official Secrets Act has since been replaced by the National Security Act, which came into force in 2023. The new law covers espionage by any foreign power, not only an enemy state, and allows prosecutions even when the UK is not at war. According to Jonathan Hall, adviser on state threats, this broad approach gives the justice system more flexibility to tackle modern security threats.
The case highlights a key dilemma for the UK: balancing economic ties with China against national security concerns. Labour’s 2024 policy states the nation will “cooperate where possible, compete where necessary, and challenge when required.” Since last November, Prime Minister Keir Starmer met President Xi Jinping, the first such meeting in more than six years. Yet security officials, like MI5’s director general Ken McCallum, still name China among top state threats.
The collapsed case shows that legal definitions and government policy can dramatically change how espionage charges are pursued in the UK.
Source: aninews
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