Courts and bug product

[Nicholas Bohm]

Ian Batten wrote:
> 
> On 17 Feb 2008, at 10:35, Nicholas Bohm wrote:
>>
>> In the case of the Portland spy ring, Lonsdale and the Krogers (to use 
>> the names they used as spies) were all foreigners, were quite possibly 
>> in the UK illegally (I'm too idle to check), and were all prosecuted 
>> here under the Official Secrets Act.
> 
> I think the logic was that if you pretend to be a UK citizen, you'll get 
> tried as a UK citizen, but I can't run that to a source.

It only struck me yesterday that this was the logic under which in 1945 
William Joyce, an American citizen by birth and later a naturalised 
German, was successfully prosecuted for treason: he had lied about his 
nationality to obtain a British passport, and therefore owed allegiance 
to the Crown.  (During the war he made broadcasts for the Germans, 
addressed to British audiences.  See 
http://en.wikipedia.org/wiki/Lord_haw_haw)

This may be the source you had in mind.

What is special about treason is that it is an offence against 
_allegiance_.  As far as I know, this is not true of any other offence 
connected with spying (except perhaps under military law).  Offences 
under the Official Secrets Acts depend in some cases on the accused 
being a Crown servant or government contractor, and in others on being 
committed either in the UK by anyone or abroad by a British citizen; but 
allegiance is not generally relevant.  (Although it might just be that 
an act done abroad by a foreigner who had dishonestly obtained a British 
passport could be prosecuted under the Acts, though I doubt it.)

Nicholas
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