The Chinese spy who has been left out in the cold

A Chinese agent sent to New Zealand to spy on Taiwanese Kiwis abandoned his mission, and has been fighting for 23 years to live here.

The Chinese citizen and Chinese Public Security Bureau (PSB) officer arrived in New Zealand in 1996 on a visitor visa.

Known as Mr H, he decided “he preferred New Zealand’s democratic way of life and abandoned his mission”, according to a Court of Appeal judgment. He then applied unsuccessfully for refugee status, after failing to disclose his PSB links.

“PSB has committed gross human rights abuses,” Justice Patricia Courtney said in the judgment.

Mr H then lived in New Zealand illegally. In 2007 he applied again for refugee status, this time acknowledging his PSB involvement.

He said he’d be persecuted if he returned to China, having abandoned his official duties.

His application was ultimately granted, but Mr H was unable to get a residence-class visa (RCV).

“As a result, he lives a rather uncertain life, relying on temporary work permits and unable to obtain a passport for ease of travel out of New Zealand,” Justice Courtney added.

A pivotal issue for the Appeal Court related to an Immigration New Zealand test that said applicants who posed a risk to New Zealand’s global reputation should not usually get residence-class visas.

Mr H’s lawyer Rodney Harrison QC said the INZ test unfairly labelled some people as risks to New Zealand’s international reputation, even when no such risk existed.

But the Appeal Court was not satisfied the INZ test was invalid in the former spy’s case.

“Until the time is reached where it can be said that Mr H’s association with the PSB is remote, he remains ineligible for a RCV.”

The appeal was dismissed. Intelligence, defence and security analyst Dr Paul G Buchanan said

Chinese spies operated widely in Australasia.

A primary concern for them could be uncovering what New Zealand and Australia were telling other members of the Five Eyes intelligence alliance about China.

“It is rare you have defectors of this sort. One happened last year and one happened in the 2000s,” Buchanan told the Herald.

Last year’s defection was that of Wang “William” Liqiang, who claimed Beijing ordered overseas murders.