Foreign Powers Are Targeting UK Investigators, Minister Warns

Foreign Powers Are Targeting UK Investigators, Minister Warns

Every investigator is used to asking questions. But the first question should always be about the client.

That point has been brought sharply into focus by the conviction of private investigator Chi Leung “Peter” Wai and Chung Biu “Bill” Yuen under the National Security Act 2023. Following the case, Security Minister Dan Jarvis warned that foreign powers have tried to exploit professionals in the private investigation sector for their own gain.

This was not a routine people-tracing matter. It was an unlawful surveillance case involving activity carried out in the UK on behalf of a foreign intelligence service. But for legitimate investigators, solicitors and professional clients, the lesson is clear: any instruction involving information about an individual must start with proper due diligence.

A Landmark Case for the Investigation Sector

The case centred on activity carried out in the UK on behalf of Hong Kong authorities. According to the CPS, Yuen and Wai were involved in unlawful surveillance connected to Hong Kong dissidents in the UK.

Media reports from the trial stated that the men targeted pro-democracy figures, including Hong Kong activist Nathan Law, and that Wai had previously worked as a UK Border Force officer and Special Constable with City of London Police. (AP News)

For the investigation sector, the significance is not simply that a private investigator was convicted. It is that apparently ordinary surveillance, information-gathering or tracing work can become criminal where it assists a foreign intelligence service or foreign power activity.

That is why the Government has now reminded private investigators and security professionals to be vigilant when approached for work.

Why Foreign Powers May Target UK Investigators

Private investigators have skills that can be attractive to legitimate clients. They can locate individuals, verify identities, obtain public records, analyse online activity and build evidence trails.

Those same skills can also be attractive to hostile or foreign state-linked actors.

The Government’s own guidance warns that the services offered by security professionals may be attractive to state actors seeking to carry out malign activity in the UK. It also warns that professionals may risk committing an offence if they work for clients without establishing who they are and whether they are linked to a foreign power.

This does not mean every international instruction is suspicious. Many cross-border cases are entirely legitimate. Law firms regularly need assistance with overseas beneficiaries, missing defendants, international debtors or asset-tracing enquiries.

The issue is whether the instruction has a hidden purpose.

A request to “locate an individual” may sound routine. But if that individual is a political dissident, journalist, campaigner, whistle-blower or person under threat from a foreign state, the risk profile changes immediately.

The National Security Act 2023: What Changed?

The National Security Act 2023 modernised UK law around espionage, sabotage and foreign interference. Its purpose is to address threats from foreign powers, including activity carried out indirectly through intermediaries or proxies.

For private investigators, one of the most relevant offences is assisting a foreign intelligence service. Under the Act, a person may commit an offence if they engage in conduct that materially assists a foreign intelligence service in UK-related activities. The maximum sentence for an offence under section 3 can be up to 14 years’ imprisonment, a fine, or both.

That should focus minds across the sector.

The work does not need to look like a spy film. It may involve research, surveillance, locating someone, obtaining information, passing on details, or accepting payment through a third party.

In other words, the danger is not always obvious at the start.

The Red Flags UK Investigators Should Not Ignore

Every case turns on its own facts. But the recent conviction shows why investigators should pause when something does not feel right.

A client may be evasive about who they are. They may refuse to explain who ultimately benefits from the work. They may ask for information about someone involved in politics, activism, journalism or a sensitive dispute. They may want urgent surveillance with little paperwork.

One red flag may not prove wrongdoing. Several together should prompt caution.

The Government guidance encourages security professionals to ask whether they know who they are working for, whether the client may represent a foreign power, and whether the task could involve activity covered by the Act.

For reputable investigators, this is not a burden, but rather a part of professional practice.

Good due diligence protects the subject, the client, the instructing solicitor and the investigator.

Ethical Investigation Is Still Essential

“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.” – Dan Jarvis, Security Minister

This case should not cast suspicion over the private investigation profession as a whole. As Dan Jarvis said, the vast majority of private investigators in the UK operate ethically, professionally and lawfully.

But it does show why standards matter. Evidence gathered improperly can damage a case. It can expose clients to risk. In the most serious cases, it can cross into criminal conduct.

That is why experienced investigators do not simply ask, “Can we find this person?” They ask, “Why are we being asked to find them, who is asking, and what happens next?”

How Tremark Associates Protects Clients

With over 30 years supporting the UK legal sector, Tremark Associates has built its reputation on lawful, discreet and court-ready investigation work.

Where an instruction raises concerns, we ask more questions. Where the risk is too high, we will not proceed. That is how responsible investigation should work.

The National Security Act 2023 has made the consequences of ignoring warning signs clearer than ever. For solicitors and professional clients, the safest approach is to work with investigators who understand both the value of evidence and the legal boundaries around obtaining it.

Contact our team on 0113 263 6466 or via our form below to discuss how we can support your case.

Frequently Asked Questions

What is the National Security Act 2023?

The National Security Act 2023 is UK legislation designed to tackle espionage, sabotage, foreign interference and other activity linked to foreign powers. It applies to individuals and organisations, including private investigators.

Can private investigators work on international cases?

Yes. Many international tracing, due diligence and legal support cases are legitimate. The key issue is whether the investigator understands who the client is, who ultimately benefits, and whether the work could assist a foreign power in harmful activity.

What should an investigator do if they suspect foreign power involvement?

Government guidance says investigators should stop and consider the risk, carry out further checks, and report concerns in confidence to Counter Terrorism Policing where they suspect hostile activity. The Anti-Terrorist Hotline is 0800 789 321.