Crown Prosecution Service
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CPS secures convictions in Hong Kong unlawful surveillance case
Two men have been convicted of assisting a foreign intelligence service by conducting unauthorised information‑gathering and unlawful surveillance in the UK to benefit China.
Chung Biu Yuen, 65, a former Hong Kong police officer now employed at the Hong Kong Economic and Trade Office in London, and Chi Leung Wai, 40, an ex-UK Border Force officer and special constable at City of London Police, were both convicted under the National Security Act 2023 following a trial at the Old Bailey.
The Hong Kong Economic and Trade Office is the official overseas representative of the Hong Kong Special Administrative Region government, and the jury heard evidence that it was used as a base through which the defendants’ activities were organised and funded.
On its behalf, the defendants researched dissidents living in the UK who were referred to by individuals linked to the Hong Kong authorities as "cockroaches", to find out what cars they were driving, where exactly they lived and details about their social media accounts.
Bounties of up to £100,000 were also put on the heads of pro-democracy campaigners by the Hong Kong authorities for information leading to finding out their whereabouts or for their capture.
Leung Wai was also convicted of misconduct in public office after misusing Home Office computer systems to gain personal data for improper purposes. Digital evidence showed that he carried out database searches while off duty and shared sensitive information obtained through his public role.
Bethan David, Head of the Counter Terrorism Division at the Crown Prosecution Service, said: “These convictions send a clear message that transnational repression, foreign interference, unauthorised surveillance, and attempts to operate outside the law will not be tolerated on British soil.
”This conduct was deliberate, coordinated and carried out with full knowledge of who it would benefit, as demonstrated by extensive digital and financial material presented during the trial.
“The CPS will not hesitate to prosecute cases where evidence shows illegal attempts to interfere, intimidate, or operate covertly in the United Kingdom. We will continue to work closely with our law enforcement partners to make sure that those who abuse positions of trust or act on behalf of foreign interests are held properly to account.”
Building the case:
During the trial, the prosecution was required to prove that the defendants knowingly agreed to carry out information‑gathering and surveillance that would materially assist a foreign intelligence service, and that this conduct was undertaken for the benefit of Hong Kong authorities and the Chinese state.
The jury heard extensive evidence showing that the defendants were not acting innocently or unknowingly. This included months of encrypted messages, call records and digital data demonstrating that they were deliberately tasked by, paid by, and reporting back to individuals linked to Hong Kong police and government bodies. The evidence showed that their activities went far beyond any legitimate security role and were designed to identify, monitor and target people of interest to those foreign authorities while operating covertly in the UK.
The jury also accepted evidence that Chi Leung Wai knowingly abused his position as a public officer by accessing Home Office databases without authority, using official systems to obtain personal information that was then shared with others for improper purposes.
Sentencing will take place on a date to be fixed at the Old Bailey.
Notes to editors
Chung Biu Yuen (DOB: 02/06/1960) is from Hackney, London. He was convicted of assisting a foreign intelligence service, contrary to section 3 of the National Security Act 2023.
Chi Leung Wai (DOB: 17/06/1985) from Staines, Surrey. He was convicted of assisting a foreign intelligence service, contrary to section 3 of the National Security Act 2023, and misconduct in public office.
The jury could not reach verdicts on offences of foreign interference, contrary to section 13 of the National Security Act 2023, against both defendants.
State actors may target individuals or organisations critical of their regimes through various hostile actions, including intimidation, surveillance, and even assassination attempts, to maintain regime stability. The UK has introduced legal measures criminalising foreign interference that threatens fundamental democratic rights and has established offences specifically addressing such conduct, particularly when directed by foreign states. The UK’s National Security Act 2023 creates offences for foreign interference aimed at undermining democratic rights
Original article link: https://www.cps.gov.uk/cps/news/cps-secures-convictions-hong-kong-unlawful-surveillance-case
