A lawyer accused of working for the Chinese government by MI5 has lost her legal challenge against the intelligence agency.
The Security Service warned MPs in January 2022 that it believed Christine Lee had engaged in “political interference and activities” for a branch of the Chinese Communist Party, a day after then-Prime Minister Boris Johnson apologised to MPs over the Partygate scandal.
Ms Lee said she believed the interference alert issued about her was for a “political purpose, namely to serve the interests of the Conservative party” and brought legal action, along with her son Daniel Wilkes, against the Security Service.
But in a judgment on Tuesday, three judges at the Investigatory Powers Tribunal (IPT) unanimously dismissed both claims.
Lord Justice Singh, sitting with Lord Boyd and Judge Rupert Jones, said MI5 had issued the warning for “legitimate reasons”.
At a hearing in June, the tribunal heard Ms Lee “categorically” denies the allegations against her, with her lawyers telling judges that issuing the notice was unlawful.
In the 41-page ruling, Lord Justice Singh dismissed their challenges, including on human rights grounds.
He said: “It has not been suggested in the present case that the claimants were subjected to torture. What is suggested is that they were subjected to inhumane or degrading treatment.”
“We are not satisfied that it reached the minimum threshold required for a breach.”
Part of the alert issued by the Office of the Speaker of the House of Commons of an MI5 Security Service Interference Alert for Christine Ching Kui Lee. (MI5/PA)
The judge said that the warning from MI5, known as an interference alert, was “preventative”, adding that there had not been an “authoritative finding” that Ms Lee had been engaged in criminal activity or other misconduct.
Lord Justice Singh concluded: “We have reached the conclusion that the interference alert was issued in accordance with domestic law…The national security risk posed by Ms Lee was rationally assessed and the issue of the interference alert falls within the national security functions of the Security Service.”
The alert came after Ms Lee donated £500,000 to former Brent North MP Barry Gardiner, who was chairman of the now-disbanded Chinese In Britain All-Party Parliamentary Group on which she sat.
The Security Service said the money was provided by foreign nationals and “undertaken in covert co-ordination” with the United Front Work Department (UFWD), a branch of the CCP.
Ms Lee, who set up an immigration consultancy firm in 1994, said she lobbied MPs on behalf of British Chinese nationals and to build trade links but that any donations to MPs were recorded and passed parliamentary vetting requirements.