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Mark C. Elliott is the Mark Schwartz Professor of Chinese and Inner Asian History at Harvard University, where he is… more

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Political science 51%
Law 27%
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by Mark Elliott

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by Mark Elliott

profmarkelliott.bsky.social
Thanks Colin
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by Mark Elliott

profmarkelliott.bsky.social
Ultimately, while the witness statements move things on to a degree, much remains unclear, with outstanding questions for both the CPS and the government. 6/6
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by Mark Elliott

profmarkelliott.bsky.social
If so, was the decision not to do so taken without reference to the NSA or Ministers? If so, why, given the Deputy NSA’s witness statements are in part reflecting the current government’s policy that he cannot unilaterally formulate and for which Ministers are responsible? /5
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by Mark Elliott

profmarkelliott.bsky.social
When the CPS decided the three witness statements combined were insufficient, was the Deputy NSA told what the perceived gaps were so that he could decide whether to strengthen the language? /4
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by Mark Elliott

profmarkelliott.bsky.social
While the Deputy NSA does not in terms describe China as a threat to national security, the language is strong in places: harm to security of UK; threat to economy, resilience and democratic integrity of UK. Why did the CPS think this insufficient? /3
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by Mark Elliott

profmarkelliott.bsky.social
In the third statement, issued under the current government, the Deputy NSA describes this government’s China policy (co-operate, compete, challenge). How does that relate to PM’s insistence that only the previous government’s policy is relevant? /2
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by Mark Elliott

profmarkelliott.bsky.social
A few preliminary thoughts on/questions prompted by the China espionage case witness statements, which have now been published. /1 www.gov.uk/government/p...
Witness statements in relation to alleged breach of Official Secrets Act on behalf of China
As the Prime Minister said in the House, he has carefully considered this matter and, following legal advice, the Prime Minister decided to disclose the witness statements in full.
www.gov.uk
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by Mark Elliott

profmarkelliott.bsky.social
Sorry to hear that!
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by Mark Elliott

profmarkelliott.bsky.social
I was pleased to speak with Sarah Montague on BBC Radio 4's The World at One today about the latest developments concerning the collapse of the China espionage trial.

www.bbc.co.uk/sounds/play/...
World at One - 15/10/2025 - BBC Sounds
News, analysis and comment from BBC Radio 4
www.bbc.co.uk
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by Mark Elliott

profmarkelliott.bsky.social
Excellent, forensic analysis of the many twists and turns (so far) of the China espionage case.
davidallengreen.bsky.social
dag @davidallengreen.bsky.social · 12h
NEW

Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions

How the positions of neither the CPS nor the government stand up to scrutiny

By me

emptycity.substack.com/p/trying-to-...
The more one knows about this case, the more confusing it becomes. The CPS insists on further evidence it does not require, and the government insists it could not give that evidence, even though it could. Neither side makes sense, and together they make no sense absolutely.
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Reposted by Mark Elliott, Steve Peers

davidallengreen.bsky.social
NEW

Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions

How the positions of neither the CPS nor the government stand up to scrutiny

By me

emptycity.substack.com/p/trying-to-...
The more one knows about this case, the more confusing it becomes. The CPS insists on further evidence it does not require, and the government insists it could not give that evidence, even though it could. Neither side makes sense, and together they make no sense absolutely.
20 83 210

by Mark Elliott

profmarkelliott.bsky.social
I was pleased to hear my analysis of the China espionage case being relied on by the Leader of the Opposition in yesterday’s House of Commons debate. parliamentlive.tv/event/index/...
Parliamentlive.tv
House of Commons
parliamentlive.tv
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by Mark Elliott

profmarkelliott.bsky.social
* ie his account taken at face value.

by Mark Elliott

profmarkelliott.bsky.social
Yes, absolutely. (In post, I explain that I am trying to provide explanations that fit the Minister's factual account to the House of Commons, but I certainly don't discount your sixth possibility.)
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by Mark Elliott — Reposted by Colin Murray

profmarkelliott.bsky.social
New post, in which I argue the government's attempt to pin the blame for the collapse of the China spy trial on a single official will not wash constitutionally. Ministers must bear responsibility for an apparently deeply flawed decision-making process.

publiclawforeveryone.com/2025/10/13/c...
Cock-up or conspiracy? The Security Minister’s statement on the China espionage case
The Security Minister, Dan Jarvis, has made a statement to the House of Commons regarding the collapse of the prosecution of two individuals who had been accused of espionage contrary to section 1(…
publiclawforeveryone.com
5 8

by Mark Elliott

profmarkelliott.bsky.social
In the post, I reflect on the Security Minister's statement to the House of Commons on the collapse of the China espionage case. I conclude that if a single official really is responsible, Ministers cannot evade responsibility for an inadequate decision-making system. 2/2
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by Mark Elliott

profmarkelliott.bsky.social
New post | Cock-up or conspiracy? The Security Minister’s statement on the China espionage case /1 publiclawforeveryone.com/2025/10/13/c...
Cock-up or conspiracy? The Security Minister’s statement on the China espionage case
The Security Minister, Dan Jarvis, has made a statement to the House of Commons regarding the collapse of the prosecution of two individuals who had been accused of espionage contrary to section 1(…
publiclawforeveryone.com
2 5 6

by Mark Elliott

profmarkelliott.bsky.social
The court's treatment of the principle of legality reflects aspects of the Supreme Court's recent approach in Spitalfields, which I criticised in this post for the unnecessarily 'all or nothing' approach adopted to the applicaation of the principle. 2/2 publiclawforeveryone.com/2025/03/28/t...
The principle of legality and heightened-scrutiny rationality review: The Supreme Court’s judgment in the Spitalfields case
The Supreme Court’s judgment in R (The Spitalfields Historic Building Trust) v London Borough of Tower Hamlets [2025] UKSC 11 traverses some important ground concerning the principle of legal…
publiclawforeveryone.com
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by Mark Elliott

profmarkelliott.bsky.social
A very helpful post on the Palestine Action judicial review so far. In particular, I agree with @conorcrummey.bsky.social that the court's approach to the argument concering ultra vires/the principle of legality was problematic. /1
ukconstitutionallaw.org/2025/10/13/c...
Conor Crummey: The Principle of Legality, the Definition of ‘Terrorism’, and Palestine Action
Two judgments have so far been handed down in the matter of R (Ammori) v Secretary of State for the Home Department; the challenge to the Home Secretary’s decision to proscribe Palestine Action as …
ukconstitutionallaw.org
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by Mark Elliott

profmarkelliott.bsky.social
When the Prime Minister referred to designation in an interview last week, I thought it might be a case of misspeaking rather than deliberately obfuscating. The ongoing (and misplaced) reliance on "designation" puts things in a different light. 3/3
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by Mark Elliott

profmarkelliott.bsky.social
As I explained in this post, designation is a concept unknown to the Official Secrets Act 1911, the only relevant Q being whether a court is satisfied, on the evidence, that the country in question was a national security threat at the relevant time. /2 publiclawforeveryone.com/2025/10/08/o...
On China, the Official Secrets Act and ‘enemies’: Is the Prime Minister wrong?
The Prime Minister has claimed that his government’s hands are tied in relation to whether China constituted an ‘enemy’ for the purpose of a now-dropped criminal prosecution under…
publiclawforeveryone.com
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by Mark Elliott — Reposted by Colin Murray

profmarkelliott.bsky.social
It will be interesting to see what Ministers are prepared to say about the China spying case from the despatch box. I am surprising that this morning's line to take still seems to turn on China not having been "designated" a threat/enemy by the last government. /1
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by Mark Elliott — Reposted by Tim Bale

profmarkelliott.bsky.social
Really enjoyed this piece.

"Lawyers and academics therefore find themselves in the difficult position of ... trying to reason people away from a view or belief they never reasoned themselves into to begin with. We are bringing facts to a vibes fight."
ukcla.bsky.social
UK Constitutional Law Association @ukcla.bsky.social · 6d
Alan Greene: Bringing facts to a vibes fight: Kayfabe and debates on the UK and the ECHR ukconstitutionallaw.org/2025/10/09/a...
Alan Greene: Bringing facts to a vibes fight: Kayfabe and debates on the UK and the ECHR
It is now 25 years since the Human Rights Act 1998 (HRA) entered into force and far from this endurance cementing its legitimacy, the judicial protection of human rights in the UK finds itself in t…
ukconstitutionallaw.org
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by Mark Elliott

profmarkelliott.bsky.social
Excellent letter, David.
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Reposted by Mark Elliott, Geoff Pearson

seethingmead.bsky.social
A letter from @crwerren.bsky.social @suzmd.bsky.social @storiesfromjack.bsky.social and me on the plans to allow cumulatively disruptive protests to be regulated by the police

www.theguardian.com/world/2025/o...
Anti-protest proposals put free speech at risk | Letters
Letters: Readers respond to the proposal to give police further powers to curb ‘cumulative’ protests, in response to actions by the proscribed group Palestine Action
www.theguardian.com
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by Mark Elliott

profmarkelliott.bsky.social
I was pleased to speak to Sky News about the China espionage case, including the difficulties that arise from the PM's attempts to explain why the CPS dropped the charges following the government's failure to provide relevant national security-related evidence. news.sky.com/story/the-bl...
The blame game over China spy trial collapse - who is right and who is wrong?
Christopher Cash and Christopher Berry were accused of spying for China but three weeks before their trial was due to start, it was dropped. The pair have denied the allegations.
news.sky.com
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by United Kingdom — Reposted by Mark Elliott, Tim Bale, John L. Cotter , and 1 more

ukcla.bsky.social
Alan Greene: Bringing facts to a vibes fight: Kayfabe and debates on the UK and the ECHR ukconstitutionallaw.org/2025/10/09/a...
Alan Greene: Bringing facts to a vibes fight: Kayfabe and debates on the UK and the ECHR
It is now 25 years since the Human Rights Act 1998 (HRA) entered into force and far from this endurance cementing its legitimacy, the judicial protection of human rights in the UK finds itself in t…
ukconstitutionallaw.org
10 15

by Mark Elliott

profmarkelliott.bsky.social
New post | On China, the Official Secrets Act and 'enemies': Is the Prime Minister wrong?
publiclawforeveryone.com/2025/10/08/o...
On China, the Official Secrets Act and ‘enemies’: Is the Prime Minister wrong?
The Prime Minister has claimed that his government’s hands are tied in relation to whether China constituted an ‘enemy’ for the purpose of a now-dropped criminal prosecution under…
publiclawforeveryone.com
5 7

by Mark Elliott

profmarkelliott.bsky.social
I agree, David.
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References

Fields & subjects

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