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Huawei leak inquiry ‘could become criminal probe’

A formal Whitehall inquiry launched into the Huawei leak could become a criminal investigation, Sky News understands.

Cabinet Secretary Sir Mark Sedwill has reportedly demanded that ministers, who attended the secret talks about whether to grant Chinese telecoms giant the go-ahead to participate in the UK's 5G communications network, confess or deny if they were behind the leak.

:: What ministers who were there are saying

  • Jeremy Hunt
  • Defence Secretary Gavin Williamson
  • Sajid Javid
  • Jeremy Wright
  • International Development Secretary Penny Mordaunt
  • Liam Fox
  • Chancellor of the Exchequer Philip Hammond
  • Greg Clark
  • Cabinet Office minister David Lidington

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Sky News political editor Beth Rigby has been told the inquiry could turn into a criminal investigation involving the police.

Such an escalation would significantly raise the stakes as detectives have the power to interview suspects under caution and bring charges under the Official Secrets Act.

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The decision of whether to prosecute someone under the legislation lies with the attorney general and anyone found guilty of the unauthorised disclosure of information faces up to two years in prison or an unlimited fine, or both.

Am also told that this could become a criminal investigation involving the police https://t.co/DUJdLASdB9

— Beth Rigby (@BethRigby) 26 April 2019

The Metropolitan Police could neither confirm nor deny any investigation had been requested or was under way.

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  • Huawei gets green light for role in UK 5G network despite security warnings

  • Huawei: Chinese telecoms giant 'still a security threat to UK' – GCHQ

  • EU parliament expresses 'deep concern' about China and use of Huawei equipment

The leak of the discussions from the National Security Council (NSC) – where senior ministers are briefed by intelligence chiefs from MI5, MI6 and GCHQ – has prompted an outcry at Westminster, where it was linked to manoeuvres around the Tory leadership contest.

There are also concerns it could harm intelligence-sharing relations with key allies.

Huawei security risks

Huawei security risks

Why are other countries concerned about the Chinese telecoms company?

The details were revealed in The Daily Telegraph on Wednesday, along with a list of cabinet ministers who raised concerns about the idea.

Defence Secretary Gavin Williamson and Foreign Secretary Jeremy Hunt have publicly denied that they were responsible.

Home Secretary Sajid Javid has also said it was "completely unacceptable" for any minister to "share sensitive information that cannot be out in the public domain".

Sources close to International Trade Secretary Liam Fox and International Development Secretary Penny Mordaunt have also denied they were involved.

The NSC meeting on Tuesday saw Huawei granted restricted access to build "non-core" infrastructure such as antennas, Whitehall sources confirmed.

But the firm will be blocked from involvement in the most sensitive areas of the network.

Sky Views: Huawei could use 5G for spying while the West is asleep

Sky Views: Huawei could use 5G for spying while the West is asleep

Sky correspondent Tom Cheshire says Huawei's 5G offering is 'streets ahead of anyone else's

Other members of the Five Eyes intelligence-sharing group, which includes the US, Canada, Australia and New Zealand, have already raised concerns.

The US and Australia have barred Huawei from supplying key elements of their infrastructure, while New Zealand and Canada are still considering the matter.

Huawei denies having ties to the Chinese government.

But with a legal obligation to cooperate with the state's intelligence agencies, critics worry that no Chinese company can ever be truly independent.

There are also concerns that the Chinese government could require the firm to install technological "back doors" to enable it spy on or disable Britain's communications network.

Decisions of the NSC are taken collectively, but it was reported that concerns were raised during Tuesday's meeting by a number of ministers.

They included Mr Javid, Mr Hunt, Mr Williamson, International Trade Secretary Liam Fox and International Development Secretary Penny Mordaunt.

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