The high-profile China spy case against two British men collapsed after the UK government declined to classify China as an “enemy” or a threat to national security, Britain’s top prosecutor revealed. The focus keyword is China spy case.
In a rare statement to lawmakers, Stephen Parkinson, the UK’s Director of Public Prosecutions, said prosecutors had done “everything possible” to take the case against Christopher Cash, 30, and Christopher Berry, 33, to trial. Cash, a former parliamentary researcher, and Berry, a teacher, were charged in April 2024 under the Official Secrets Act of 1911, accused of providing sensitive information to a suspected Chinese intelligence officer between 2021 and 2023.
The Chinese Embassy in London called the charges “malicious slander,” while both defendants denied any wrongdoing.
Case Dropped After Legal Definition of “Enemy” Questioned
The case was dropped last month, just weeks before trial, after prosecutors concluded there was insufficient evidence. Parkinson explained that a recent High Court ruling in a separate Russian espionage case had redefined the term “enemy” to mean a country posing a current threat to UK national security at the time of the alleged offence.
Because no official statements or witness evidence established that China was deemed a national security threat during 2021–2023, prosecutors could not proceed. “By late August 2025, it was realised that this evidence would not be forthcoming. When this became apparent, the case could not proceed,” Parkinson said in his letter to MPs.
The ruling exposed a legal gap in Britain’s Official Secrets Act, highlighting the difficulties of prosecuting espionage cases involving nations not formally labelled as adversaries.
Starmer Defends Legal Process Amid Political Criticism
Speaking en route to India, Prime Minister Keir Starmer, a former Director of Public Prosecutions himself, said the case had to be judged based on the government’s position at the time of the offence—when the Conservative Party was in power.
“You have to prosecute people based on what was the state of affairs at the time,” Starmer said, rejecting opposition claims that his government had influenced the case to avoid offending Beijing.
During its tenure, the former Conservative government described China as an “epoch-defining challenge” but stopped short of designating it a national security threat.
UK Government Frustrated but Seeking Balanced China Ties
When the China spy case collapsed, Downing Street expressed frustration, calling the allegations “gravely concerning.”
“It is extremely disappointing that these individuals will not face trial. Any attempt by a foreign power to infiltrate our democracy is unacceptable,” a government spokesperson said.
Starmer’s administration has sought to cautiously reset ties with Beijing after years of strained relations over spying allegations, human rights issues, and China’s support for Russia in the war in Ukraine. Britain’s foreign secretary and Treasury chief have visited Beijing in the past year, and Starmer himself is expected to make an official visit to China next year.
