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A surprising disclosure by the chief prosecutor has sparked a political dispute over the abrupt termination of a high-profile spy trial.

What Prompted the Case Dismissal?

Legal authorities stated that the case against two UK citizens charged with spying for China was discontinued after being unable to secure a crucial testimony from the UK administration affirming that China currently poses a risk to the UK's safety.

Without this statement, the court case could not proceed, as explained by the legal team. Efforts had been undertaken over an extended period, but none of the testimonies provided defined China as a national security threat at the time of the alleged offenses.

Why Did Defining China as an Enemy Necessary?

The defendants were charged under the former 1911 Official Secrets Act, which required that prosecutors prove they were passing information beneficial for an enemy.

Although the UK is not in conflict with China, court rulings had broadened the definition of adversary to include countries that might become hostile. However, a recent ruling in a separate spy trial clarified that the term must refer to a country that represents a present danger to the UK's safety.

Legal experts argued that this change in case law reduced the threshold for bringing charges, but the absence of a formal statement from the government meant the trial had to be dropped.

Is China a Risk to Britain's Safety?

The UK's strategy 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 “systemic competitor” or “strategic rival”. However, regarding espionage, security officials have given more direct warnings.

Former agency leaders have stated that China represents a “significant focus” for intelligence agencies, with accounts of widespread industrial espionage and secret operations targeting the UK.

What About 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 material was allegedly used in documents written for a Chinese intelligence officer. The accused rejected the charges and assert their non-involvement.

Defense claims suggested that the accused thought they were sharing publicly available information or assisting with commercial ventures, not involved with espionage.

Who Was the Blame Lie for the Trial's Collapse?

Some commentators questioned whether the CPS was “over-fussy” in requesting a court declaration that could have been embarrassing to UK interests.

Political figures pointed to the timing of the incidents, which occurred under the previous government, while the refusal to provide the required evidence occurred under the present one.

In the end, the failure to secure the necessary statement from the government led to the case being dropped.