Dear General Secretary of WAPI,
I hope you are well. I’m writing from the Home Office communications teams.
Following the convictions, last week, of two men under the National Security Act (one of whom was a self-employed investigator) we’re keen to reach your members with a message from the Security Minister Dan Jarvis to be wary of taking on work which may be on behalf of a foreign state to commit harmful acts in the UK, which could put them at risk of committing criminal offences. We’d therefore be keen to remind your members of guidance we published last year to help them carry out due diligence when taking on work.
I have pasted below the piece of comms, which includes a quote from the Minister, a very condensed version of the guidance, and a link to the full guidance in the first and last sections. It would be great if you could publish this, as it is or in some form, on the news section of your website.
Please do let me know if you’re able to do this, and also if you have any questions.
Kind regards,
Will
SECURITY MINISTER: “We have seen foreign powers try to exploit professionals in this industry for their own gain.”
The Security Minister, Dan Jarvis, is reminding all private investigators to remain vigilant when approached for work, following the conclusion of a criminal trial in which a private investigator was convicted having carried out activity on behalf of a foreign power within the UK.
Peter Wai, a private investigator, former Border Force officer, and Special Constable with City of London Police, was convicted of assisting a foreign intelligence service under the National Security Act 2023 and Misconduct in Public Office. This activity, which included targeting Hong Kong dissidents, was carried out in the UK on behalf of China. His services were contracted by Chung Biu Yuen, an employee of the Hong Kong Economic Trade Office in the UK who was also convicted alongside him of assisting a foreign intelligence service.
The case is a prime example of how a foreign state may seek to use intermediaries – sometimes known as ‘proxies’ – to commit harmful acts that threaten the UK’s national security. When you take on work, you risk committing an offence under the National Security Act 2023 if the work you are undertaking could assist a foreign power in carrying out activities against the UK.
Private investigators are expected to take reasonable steps to understand who they are working for. Full guidance to help you carry out checks is available at: A guide to the National Security Act 2023 for security professionals (accessible) – GOV.UK
If, at any stage, you suspect that you are being asked to carry out hostile acts on behalf of a foreign power, you should report this in confidence to Counter Terrorism Policing via the Anti‑Terrorism Hotline on 0800 789 321, or report it online.
Security Minister Dan Jarvis said:
“The vast majority of private investigators in the UK operate ethically, professionally, and lawfully, but we have seen foreign powers try to exploit professionals in this industry for their own gain.
“This case, involving the first conviction of a private investigator under the National Security Act, shows the real consequences of working on behalf of a foreign power in a way that harms the UK. The law is clear: you must take responsibility for who you are working for and what you are being asked to do.
“Minimising the threat from foreign powers and protecting our national security is a responsibility we all share. You can do your part and protect yourself by carrying out basic due diligence – turning a blind eye to warning signs is not an excuse.”
Why this matters for private investigators
Every potential case will have its own unique facts, but this prosecution highlights the possibility that private investigators – because of their specialist skillsets – may be approached by clients acting on behalf of foreign states.
The convictions in this case demonstrate the serious consequences of carrying out activity on behalf of a foreign state which is damaging to the UK or people within the UK. Offences under the National Security Act can carry lengthy prison sentences.
Private investigators are therefore expected to take reasonable steps to understand:
- who they are working for;
- whether a client is acting on behalf of a foreign power; and
- whether the work they are being asked to carry out could fall within the scope of the Act.
The National Security Act 2023
The National Security Act 2023 modernised UK law to respond to the evolving threat from state activity. It criminalises certain activities against the UK carried out on behalf of a foreign power.
Activities that could amount to an offence include:
- working for a foreign intelligence service, including second parties that are contracted by these organisations – which may include providing information or services;
- accepting or agreeing to accept a material benefit, which includes financial benefit or information, that originally comes from a foreign intelligence service;
- carrying out foreign interference activity – this may include interfering with the fundamental rights of others; and
- obtaining, copying, recording, retaining, disclosing, or providing access to protected information or trade secrets.
The law applies to any individual or organisation, including private investigators. This includes activity that may appear at first glance to be legitimate investigative work.
Your responsibilities under National Security Act 2023
To avoid the risk of committing offences by carrying out activities on behalf of a foreign power, private investigators are encouraged to:
- Be vigilant: understand what state threats activity is and the signs to look out for
- Due Diligence: establish who your client is and whether they represent or work on behalf of a foreign power
- Raise awareness: ensure good practice is shared across the sector
You should take reasonable steps to understand:
- Which foreign powers to be aware of
- How to know when you have been approached by a foreign power
- What to do if you think you have been approached by a foreign power before or after taking on work
You should ask yourselves questions to establish where your client is based, if have they failed to provide sufficient information about their identity when specifically requested, and if the tasks you are being assigned fall under a range of behaviours within scope of the National Security Act 2023, set out above.
Full guidance to help you carry out checks is available at: A guide to the National Security Act 2023 for security professionals (accessible) – GOV.UK
If, at any stage, you suspect that you are being asked to carry out hostile acts on behalf of a foreign power, you should report this in confidence to Counter Terrorism Policing via the Anti‑Terrorism Hotline on 0800 789 321, or report it online.
ENDS