Draft:2024 British Hong Kong spy case

On 13 May 2024, the Metropolitan Police of London, United Kingdom, announced three men had been charged with national security offences for assisting Hong Kong intelligence service and foreign interference, including Yuen Chung-biu, manager of Hong Kong Economic and Trade Office in London. The defendants were accused of spying on Nathan Law and other exiled activists of Hong Kong.

Background
Following the imposition of the Hong Kong national security law in July 2020 by the Chinese Government, which exerts extraterritorial jurisdiction over all non-Chinese citizens, some pro-democracy dissidents fled Hong Kong due to possible prosecutions under the law. Hong Kong police had placed bounties on several individuals, such as ex-MP Nathan Law, activist Finn Lau, and unionist Christopher Mung, while Chief Executive John Lee said all national security fugitives would be "pursued for life".

The imposition of the legislation also raised concerns that Hong Kong no longer enjoys a high degree of autonomy from China, and there were calls to close overseas Hong Kong representatives offices for their role in lobbying against bills supporting Hong Kong opposition. In November 2023, the United States House Committee on Foreign Affairs passed a bill that would close three Hong Kong Economic and Trade Offices in Washington DC, New York, and San Francisco.

Case
According to court documents, the spy case was exposed due to a forced entry into a UK residence. In 2023, Monica Kwong Man-ki, a director at HK YearShine Investment, was accused of defrauding the company out of more than HK$144 million. Civil proceedings have been issued against Kwong, but she had migrated to Britain in December through BN(O) scheme, and the court issued a subpoena in January 2024. Kwong said soon after she left Hong Kong, the police asked her mother to persuade her turning in.

Bill Yuen Chung-biu, the officer manager at the London Hong Kong Economic and Trade Office and a retired Hong Kong police officer, then tasked Peter Wai Chi-leung and Matthew Trickett, with conducting surveillance operations and the home break-in. Wai, 38, is a UK Border Force Officer based at Heathrow Airport, and a part-time volunteer Special Constable with the City of London police. He is also understood to be the director of a private security firm registered in the UK called D5 Security Consultancy Limited, and has "over 20 years' experience in the British military, police and private security sector". Matthew Trickett, 37, is an immigration enforcement officer and a director of another security firm called MTR Consultancy that focuses on security, surveillance and private investigations, who served as a British Royal Marine between February 2007 and March 2013.

Wai and Trickett, along with private investigators and personnel from YearShine Investment Limited, conducted a surveillance operation at Kwong's UK home in late January. One of the investigators is Cheuk Wing, a friend and a former colleague of Yuen in the police force. Yuen said Cheuk contacted him for assistance with Kwong's case, but denied involvement in the job other than being a middleman between Cheuk and Wai. Financial records obtained by prosecutors show that Wai received a payment of £16,170 from the London HKETO after the January operation, and transferred £1,170 to Trickett on the same day with a note of "SV", believed to be "surveillance".

Three months later, Wing Cheuk departed for London to conduct surveillance against Kwong under the instructions of Tina Zhou, the new director of the company. On 23 April, Cheuk transferred £5,500 to Wai prior to the surveillance job at Kwong’s residence. On 30 April, Trickett, accompanied by Wai and Cheuk, posed as a maintenance worker and knocked on Kwong's door, but no one responded. The duo returned at the next night, and Trickett poured water under her door to orchestrate a fake "water leak" to try entering the residence. He is also shown operating a snake camera to look under the door. The whole process was under Yuen's supervision through Wai's WhatsApp. Kwong then called the police over the harassment. Police arrested the three men at 11pm, during which Wai threw his police warrant card away while Trickett attempted to hide his phone in the underwear. According to the police statement on 15 May, the anti-terrorism officers arrested 8 men and 1 woman on 1 May.

In a police interview after his arrest, Trickett admitted to taking the surveillance job, adding that Wai had told him the job was legal and legitimate. His phone was unlocked by the police, revealing large amount of espionage information by the three men. Those include Nathan Law's residence and working address, and multiple photos of British Hongkongers joining protests. During his conversations with Wai, Yuen said the "overseas youths" were "our enemies" and the importance of "eliminating hatred". The surveillances against Nathan Law began as early as 2021, and another was dated August 2023, a month after Law and seven others were wanted by the police under the national security law.

With evidence gathered, the police arrested Yuen in London the next day, and discovered more photos of overseas Hongkongers taken during protests against Hong Kong and Beijing governments. It is also found that Wai and Trickett received a total of £95,500 from the Trade Office's HSBC bank account between June 2023 and January 2024 through a security company. Another man was arrested in Yorkshire on 2 May.

Amongst the 11 arrestees, 7 men and the woman were released from custody on or before 10 May. The remaining three, Yuen, Wai, and Trickett was charged by Crown Prosecution Service under the National Security Act 2023. They were brought to Westminster Magistrates' Court on 13 May and was granted court bail, with conditions including a 10pm to 5am curfew, reporting weekly to their local police station, no international travel and informing police of devices used to access the internet.

China and Hong Kong
Chinese Embassy in the UK first issued a statement on the day charges were published. The embassy "firmly rejects and strong condemns" the accusations which it warned could damage bilateral relations, and urged the UK to immediately correct the wrongdoing and end "all forms of political manipulation against China" including spreading "Chinese threat theory". Cui Jianchun, China's foreign affairs commissioner in Hong Kong, made a "solemn representation" to Britain's Hong Kong Consul General Brian Davidson over "unreasonable slander" towards Hong Kong. The office had already "strongly condemned" Britain for "fabricating" charges to "trample" on rule of law in the name of national security, and accused it of a "vicious intention to interfere" in Hong Kong's affairs. It warned that Britain would receive "China's firm and strong retaliation".

Hong Kong government said in a statement that it "seriously demanded" the UK to fairly handle the matter and provide full details of the alleged matter. It added the UK should protect the legitimate rights and interests of the office manager, ensuring that the normal work of the Economic and Trade Office is not affected. Chief Executive John Lee, who was photographed with Yuen and others at a 2002 Charles Sturt University policing course graduation, said he had no memory of meeting Yuen and his impression of Yuen is only that photo. Lee added "any attempt to make unwarranted allegations against the [Hong Kong] government is unacceptable."

Pro-Beijing camp in Hong Kong also slammed the British national security law. Executive Council convenor and ex-security minister Regina Ip called it "strict" with broad and vague definitions. She also said it was "legal" for the trade offices to gather intelligence on activists calling for sanctions against the city.

Britain
The British government summoned Chinese ambassador Zheng Zeguang on said on 14 May. The foreign ministry said it was "unequivocal in setting out that the recent pattern of behaviour directed by China against the UK, including cyber-attacks, reports of espionage links and the issuing of bounties, is not acceptable". Tom Tugendhat, British Security Minister, said the legislation was a "game-changer" to "crack down on foreign intelligence services and hostile actors".

Nathan Law said the allegations are "not surprising", while Simon Cheng, who founded Hongkongers in Britain and also has a bounty, said it showed the British government took the growing safety concerns of Hongkongers seriously. UK-based Hongkongers protested outside the trade office to support police's move to charge the alleged spies and urged London to revoke diplomatic immunity of the office.