A Chinese businessman described as a 'close aide' to the Duke of York has lost his appeal against a decision to ban him from entering the UK on national security grounds.
The man, known only as H6, brought the case to the Special Immigration Appeals Commission (SIAC) after then Home Secretary Suela Braverman said he should be removed from the UK in March 2023. Ta.
The judges said in a July 2023 press conference with the Home Secretary that H6 had a relationship between a British public figure and a senior Chinese official that “could be used for purposes of political interference”. He reportedly claimed that he was in a position to create it.
He also said that H6 has downplayed its relationship with the Chinese state, which, combined with its relationship with Andrew, poses a threat to national security.
At a hearing in July, the specialized tribunal heard that the businessman was told by Prince Andrew's advisers that he could represent the duke in transactions with potential investors in China, and that H6 was told by Prince Andrew's advisers in 2020. I heard that you were invited to a birthday party.
A letter from adviser Dominic Hampshire mentioning the birthday party was discovered on the H6's terminal when it was docked in port in November 2021.
The letter also stated:
“Never underestimate the strength of that relationship…Aside from his closest confidants, you're sitting at the top of a tree that many would love to ride.”
In Thursday's judgment, Mr Justice Bourne, Mr Justice Stephen Smith and Mr Justice Stewart Eldon rejected the challenge.
The judges said: “The Secretary of State was entitled to conclude that the applicant posed a risk to the national security of the United Kingdom and that the applicant's removal was just and reasonable. ” he said.
The Home Office announced in July 2023 that H6 would be removed from the UK as it was deemed likely to engage in “covert and deceptive activities” on behalf of the Chinese Communist Party (CCP) and pose a threat to national security. It was confirmed that
The now 50-year-old former civil servant filed a lawsuit demanding a review of the decision, claiming it was illegal.
A London court heard that H6 avoided political involvement and said its relationship with the Chinese state was limited.
His lawyers also say there is evidence that it is difficult for Chinese people involved in business to avoid contact with the Chinese Communist Party, and that documents about his relationship with Andrew show that the adviser has ties to the Chinese Communist Party. He argued that it needed to be read in the context of a letter addressed to a person. He remained loyal to the duke during difficult times.
But Home Office lawyers argued that Mr H6 downplayed his links to a wing of the Chinese Communist Party and that his relationship with Mr Andrew could be used for political interference.
In their 53-page judgment, the judges said Andrew could have become “vulnerable” to H6's abuse of influence.
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They said: “The applicant had won a significant degree of unusual trust from senior members of the Royal Family who were prepared to enter into business activities with him.''
“As recorded in documents from the time, it occurred in circumstances where the Duke was under considerable pressure and would be expected to value the applicant's loyal support.
“It is clear that the pressure on the Duke could make him vulnerable to that kind of abuse of influence.
“That does not mean the Home Secretary can be expected to remove from the UK Chinese businessmen who have entered into commercial relationships with the duke or other members of the royal family.”
The three judges said H6 had enjoyed a private life in the UK, which was said to be the businessman's “second home”, adding: “He has a position, residence and extensive business interests in the UK. We have settled them,” he added. He was considered a member of the Duke's inner circle. ”
The judges went on to say that the Home Secretary was “entitled to reasonably consider” that he might take advantage of the relationship, adding that H6 was “not forthcoming” about his links to the Chinese Communist Party.
They concluded as follows. “In our judgment, SSHD may take a reasonably precautionary approach to the risk and take reasonable actions aimed at neutralizing the risk to the extent possible.
“Excluding an applicant will not necessarily stop the activity, but it will significantly impede it.
“If conferences cannot be held in the UK, it will be logically much more difficult to develop relationships with prominent British figures.”
