In a significant development regarding the ongoing China spy case, it has been revealed that one of the suspects allegedly utilized secure communication applications exclusively used by Beijing agents on ‘burner phones’. This information comes to light as the trial of Christopher Berry and Chris Cash, charged with transmitting secrets to China between 2021 and 2023, faced an unexpected collapse last month.
Sources indicate that the Crown Prosecution Service had persistently requested the Government to assert that, at the time of the alleged offences, China posed a threat to national security. However, the Government did not comply, leading to both men being formally declared not guilty, despite their denials of any wrongdoing.
Details of the Investigation
Upon returning to the UK from China in February 2023, Mr. Berry, 33, a former teacher, was stopped at an airport under terrorism powers, resulting in the seizure of all his electronic devices. It was during this search that the suspicious applications, unavailable to the Chinese public, were reportedly discovered on his phones. This finding played a crucial role in the decision to pursue charges against the two men for allegedly passing intelligence to Chinese operatives.
Mr. Berry is accused of transferring approximately 34 files to his Chinese handler, which contained sensitive information reportedly obtained by Mr. Cash, who was employed in Parliament at the time. Mr. Cash worked for the China Research Group, a parliamentary assembly of China-sceptic MPs founded by Tom Tugendhat, the former Tory security minister. He also served as a Commons researcher for Tory MP Alicia Kearns, who chaired the Foreign Affairs Committee during that period.
Recently, Ms. Kearns, now the shadow national security minister, disclosed that she had been informed of being a target in the alleged espionage operation. She expressed concerns about potential surveillance during a 2022 fact-finding trip to Taiwan, stating, “They could have got in that room at any time. You can’t be sure that the room hasn’t got a bug or a camera somewhere.”
Charges and Allegations
Both Mr. Berry and Mr. Cash were arrested in March 2023 and charged under the Official Secrets Act for allegedly conveying information to China that was detrimental to the safety and interests of the UK, and which could be deemed useful to an enemy. The two men have consistently denied these allegations.
According to the prosecution, Mr. Cash is believed to have provided sensitive information to Mr. Berry in China, who then transmitted 34 reports to an individual identified as a Chinese intelligence agent. This agent was purportedly linked to Cai Qi, a high-ranking member of the Communist Party’s Politburo.
A source familiar with the investigation noted that British intelligence first detected UK-related information circulating within the Chinese intelligence framework, leading them to identify Mr. Berry, and subsequently Mr. Cash. The source elaborated, “They found intelligence about British matters in the Chinese system, and they worked from there, which led them to Chris Berry.”
Furthermore, Mr. Berry is suspected of relaying information regarding internal government disputes over the Newport Wafer Fab semiconductor factory, which was initially sold to a Chinese firm, Nexperia, before being blocked by the Conservative government in 2021 due to national security concerns. He is also believed to have shared details about accommodations for MPs from the Foreign Affairs Committee during their visit to Taiwan in November 2022, a delegation led by Ms. Kearns.
Tim Law, a former British defence attaché to Beijing now affiliated with the UK-China Transparency group, remarked on the potential for a successful prosecution based on the substantial evidence available. Charles Parton, a former British diplomat to China and an expert at the Council on Geostrategy, described the trial as a “missed opportunity to clearly demonstrate China’s espionage efforts,” suggesting that the British government’s reluctance to confront such issues may have hindered the case.
As the situation continues to unfold, Mr. Berry has not responded to requests for comment.
