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According to a leading UK development lawyer, authorizing a China's mega-embassy in east London could breach legal requirements if government officials provided Beijing with advance commitments about the project.

Possible Legal Breaches

Should Prime Minister Keir Starmer or his administration made promises to the Chinese government, it could constitute "actual or apparent prejudgment" of the development proposal, according to the expert analysis by Lord Banner.

This analysis was commissioned by a group of residents opposed to the proposed Chinese embassy near Tower Bridge, which has generated strong resistance due to security, human rights and development issues.

Ministerial Pressure

Ministers now are under pressure to explain whether they confidentially promised Chinese officials they would progress the application after it had halted under the previous Conservative government.

China submitted a new application for planning permission weeks after Labour took power last year, and President Xi Jinping raised the issue personally with Starmer during their initial call in August 2024.

International Exchanges

Starmer reportedly told the Chinese president during the G20 summit in November 2024: "Your government raised the Chinese embassy building in London when we spoke on the telephone. We have since taken action by referring that application."

Opponents of the proposed complex, which would cover 20,000 square metres to become the biggest embassy in Europe, are preparing to seek a legal challenge if the approval is granted.

Mark Nygate, financial officer of the Royal Mint Court Residents Association, stated they were raising funds to challenge the decision.

Legal Requirements

The matter is semi-judicial, meaning the minister responsible – currently the housing secretary – must make his ruling impartially under the law and with an open mind.

In his opinion, Banner stressed that "currently there has been no revelation or official evidence as to whether any 'assurances' have been given" or what the content of such assurances might be.

Possible Ramifications

Nevertheless, he wrote that if the prime minister had made a commitment to Beijing, that "would be seen by the reasonable and knowledgeable observer to generate a real possibility that the secretary of state had a predetermined position."

He declared it was of "critical importance" that any relevant written evidence, including any documents indicating that assurances were given, must be retained by the government, which would be obliged to reveal them if a judicial review occurs.

Diplomatic Disagreements

Recently, China voiced "serious worry and strong dissatisfaction" after ministers postponed their decision on the embassy until 10 December.

A representative for the Chinese foreign ministry stated China had acted with "the utmost sincerity and patience" over the matter and the UK should "promptly fulfil its obligations and honour its commitments, otherwise the British side shall bear all consequences."

Government Statements

Downing Street said it did not "recognise any claims of commitments or assurances" over the embassy application.

Luke de Pulford, executive director of the International Parliamentary Alliance on China, commented: "Lord Banner has laid down a marker. If the allegations are proven true and illegal assurances were given to Beijing, the government could face a devastating judicial review."

Related Events

On Sunday, the government categorically denied any government influence in the ruling to withdraw charges against two men, including a former parliamentary researcher, alleged of spying for China.

A government representative declared "there had been absolutely no political interference with the evidence provided in this case" and denied reports that the civil servant who drafted the evidence privately acknowledged it was influenced by political considerations.

News outlets indicated that one of the two men charged with espionage was carrying £4,000 in cash when stopped by police under terrorism laws after arriving at Heathrow from China in February 2023. Both accused individuals deny any wrongdoing.

A police spokesperson commented at the time: "A man in his 30s was subject to a stop at Heathrow airport under Schedule 3 of the Counter Terrorism and Border Security Act 2019. He was not arrested and enquiries continued."