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Two men convicted of National Security Act offences

Summary

Two men have been convicted of National Security Act offences after an investigation by Counter Terrorism Policing found they were illegally gathering information for the benefit of Hong Kong and Chinese authorities.

This was disrupted when police arrested a group of people who were carrying out activity targeting a woman based in Pontefract, who was being accused by her former employer in Hong Kong of fraud.

Commander Helen Flanagan, Head of Counter Terrorism Policing London, which led the investigation said: “The activity by Wai and Yuen was both sinister and chilling. Our investigation found they were spying for the Hong Kong authorities, targeting UK-based pro-democracy campaigners.

“It is completely unacceptable for anyone to carry out this kind of activity on behalf of a foreign state here in the UK. I hope this outcome provides reassurance to those living in the UK who may be concerned about being targeted by any foreign state, that we will do everything we can to help keep them safe.”

Chi Leung (Peter) Wai, 40, (17.06.1985) of Staines-upon-Thames and Chung Biu Yuen, 65, (02.06.60) of Hackney were found guilty at the Old Bailey on 7 May of assisting a foreign intelligence service, which is an offence under the National Security Act (NSA), 2023. The jury could not reach a verdict on charges against both men of foreign interference – also under the NSA, 2023.

In addition, Wai was also found guilty of misconduct in public office – relating to the misuse of Home Office systems he accessed while working as an officer in Border Force.

On 1 May, 2024 police arrested nine people at a flat in Pontefract, West Yorkshire. They were arrested after breaking into the property, which belonged to a woman who moved to the UK from Hong Kong in 2023.

The woman had been accused of fraud by her former employer in Hong Kong, although the woman denied this and said that she had been set up. A group of people, which included her former boss, along with Wai, a man called Matthew Trickett and two former Hong Kong police officers travelled to the flat the day before to try and locate the woman.

They attempted to get her to open the door by pretending to be maintenance workers, and even poured water underneath her door, stating that she needed to let them in because of a water leak.

After there was no response, the group decided to force entry into the flat themselves. However, shortly after the entering the property, Counter Terrorism Police officers – who were carrying out their own investigation into the group – arrived and they were arrested. Yuen, who had been keeping in contact with the group from London was also arrested and Wai, Yuen and Trickett were subsequently charged. The others were released while the investigation continued.

The subsequent investigation centred around the analysis of messages between Wai, Yuen and Trickett, as well as some of the others who were arrested in Pontefract. Through forensic examination of their digital devices, detectives were able to piece together how Yuen, in his role as the head of the Hong Kong Economic and Trade Office (HKETO), was in contact with individuals linked to the Hong Kong authorities. Yuen was then then tasking Wai with spying and surveillance activities focusing on UK-based pro-democracy campaigners.

Detectives also found evidence that Wai had been exploiting his position as a Border Force officer, finding several examples of where he accessed the files of several Chinese and Hong Kong nationals in the UK.

Although Wai claimed he was simply carrying out legitimate private security work linked to some of these individuals, evidence from Trickett’s phone showed there was a clear awareness by Wai and Trickett of the significance of the people they were targeting and the links back to the Hong Kong authorities. Messages on Trickett’s phone also showed that Yuen was making payments to the pair – despite Yuen claiming that he was not involved in what they were doing.

Detectives found evidence that showed how requests from Hong Kong were coming into Yuen and then being onward-tasked to Wai and Trickett to carry out. This included a request from Hong Kong to Yuen for information about a specific individual. The same person’s details were then passed from Yuen to Wai and officers found evidence of Wai carrying out illicit checks on Home Office systems for that same person.

Following authorisation from the CPS, Yuen, Wai and Trickett were all charged on 12 May, 2024. However, after he was charged and released on bail, Mr Trickett was found deceased in a park in Maidenhead on 19 May, 2024. An inquest into Mr Trickett’s death is expected to take place following the conclusion of these current criminal proceedings.

Commander Flanagan added: “This investigation was incredibly complex, with over 20 terabytes of data to trawl through, including thousands of messages and information in multiple languages. But despite significant challenges, we were able to show how Yuen and Wai were working with each other and that they were clearly aware this was for the benefit of the Hong Kong authorities to spy on pro-democracy campaigners here in the UK.

“This case should serve as a stark warning to anyone who might be involved in any private investigation work, that you must be very sure this is not being done for the benefit of a foreign state. If and where that happens, then you will likely face investigation, arrest and potential prosecution under the National Security Act. And if you are convicted, then like Wai and Yuen, you will be facing extremely serious consequences.”

Yuen and Wai are both due to be sentenced at the Old Bailey on a date to be confirmed.