Oblique strategy tip of the week: Try reading the sections of this post from back to front.
So the Jian Yang as a Chinese spy story keeps on getting more interesting the further we dig and kudos to Matt Nippert and the New Zealand Herald for continuing to run the story while the only other mainstream media outlet (Stuff) remains conspicuously silent* on what should be a red hot story.
And Nippert’s most
recent update makes it clear why it’s not a red hot story: “closer engagement
with China”.
However just
because we do a lot of business with China does not mean that we should ignore what is clearly a potentially serious security risk or believe the ridiculous claim made by Yang that this is racially motivated just because he is Chinese as there
are a few extra threads to this story which need to be pulled before we might actually
get an answer to our question: Is Yang a spy?
What is a spy?
Thanks to James
Bond films and TV shows like Homeland many people have the picture of spys to
be tuxedo wearing, martini swigging (shaken not stirred!), STD infected men,
engaging in an ongoing series of high adrenaline stunts in an attempt to stave
of midlife crisis or blonde haired, neurotic and mentally unstable women who
get to wear hijabs and constantly worry if their co-worker is secretly working
for Al-Qaeda**.
However the reality
is a lot more prosaic as most spies could be simply defined as “government
workers with high security clearances”*** who sit at their desks, work through
files and cases, work on policy and spend more time sitting in meetings than is
good for them. In short the same kind of work that most people in government
do, albeit under the shroud of secrecy.
A spy can also be
someone who is in a position to pass on information and documents to another
party in a clandestine manner, usually to a foreign power (although industrial
spies do exist) which is far closer to what Yang might be than having to drive
an Aston Martin backwards down a snow covered slope while fending off masked attackers
on skis with your bullet firing umbrella.
What is spying?
Again as with Bond and
Homeland the idea of what spies actually do is usually very far from the truth.
Spies collect information, do research/analysis and deal with issues of security
risk, which usually comes in the form of a security vet or assessment (of a
person, group or situation), which will be familiar to anyone who has ever had to
get a security clearance.
There are some in
the trade who do engage in things more traditionally seen as spying such as surveillance
(both physical and signals), black bag (B&Es and various other genuinely covert
activities like wet work) however these are a small minority compared to most
who work from desks in offices like other government employees.
And like the wider
definition of a spy noted above, spies can also be people in far more prosaic
roles such as a student or a business person who just happens to have access to
the source of information that an intelligence agency wants.
This often plays
out as an intelligence service going to see a particular person who is going to
travel to the country of interest and either asking that person to gather some
information for them; for example if the person was a student going to study at
a particular overseas university they might be asked to gather information on a
particular topic taught by a particular professor, enrol in that course or
simply attend a lecture by that person.
Then when said
person gets back to NZ they might be asked to come in for an interview or
simply write a report on what they saw and learnt which means that the person
who gathered the information is never in the employ of any intelligence agency
(and may never fully know the extent of what they have done) and the level of plausible
deniability can be maintained.
And while some
staff in foreign embassies (such as a military attaché) may be spies (or at least
reporting to a second agency other than their own) spies can also (as seen
above) exist well outside of any official channel and are simply doing their
job of gathering information quietly and surreptitiously without attracting
attention.
This makes Yang’s
claim that the people he taught were not spies but “simply collecting information” seem unknowingly self-incriminating and duplicitous as Yang
appears to be deliberately trying to paint a “spy” as the Hollywood trope rather
than the reality he would know by having taught them.
So Yang in his role
as both student in Australia and MP in NZ could quite easily be a spy without
having to be a card carrying member of some secretive organisation as both his positions
both here and in Oz would have given him access to a high level of information
which would be exactly the stuff that a foreign intelligence agency would seek
to obtain.
Just looking through
the list of things the select committee he sat on saw is enough to raise a few
eyebrows let alone consider that if Yang had been under orders to influence a
certain bill or piece of legislation to favor Chinese interests.
None of this actually
means that Yang is a spy but it does dispel the image that Yang is trying to paint
with his denials that he is not a spy because he only taught people who “collect
information” because that is exactly what spies do.
So why Yang?
In short the
following facts apply to Jian Yang as has been listed in the media:
·
Was a member of the Chinese communist party
·
Attended and taught at a school for spies in
China
·
Was told not to reveal his true educational/employment background when leaving China
·
Would not say who told him not to reveal this
·
Has never been given a security vet by the NZSIS
or any other NZ agency
·
Was directly courted by National to join the
party
·
Sat on the Foreign Affairs, Defence and Trade select
committee for three years
·
Was removed from the above committee once his
background was known
Yang is probably now under severe scrutiny by the NZSIS and other members of the Five Eyes, as international media interest in this story has been high (with the Financial Times in Hong Kong work with Newsroom NZ to first break the story, which is definitely worth the read), and while both National
and Labour would probably hope this would go away its likely to not go away as
there are far too many questions in this story and Yang’s background to just
sweep it under the rug.
What questions?
In my previous work
at Immigration NZ, dealing with things high risk, the main tool when deciding
how to deal with any potential risk was to look over the individuals background
and history, check their motivations for coming to NZ (and to go back to their
home country) as well as any other clear links or issues which might arise before
making a decision.
And in Yang’s case,
doing things like failing to fully disclose his work and study history and the
nature of his background are automatic concerns right off the bat. The fact
that he appears to have knowingly withheld this information (because he was
told by unknown persons not to) makes this omission even worse and makes his
claim of being loyal to NZ a lot less credible.
It also raises the
exact type of questions that have been raised; of exactly what he did hide; why
did he hide it; who told him to hide it; how strong his links to those
organisations still are, what, if any, information did he have access to which
if passed to China would be of concern (possibly most if not all) and how much National knew when seeking him out to join the party.
Did anyone check
Yang’s background prior to joining the National Party?
Both Immigration NZ
and Citizenship would have checked Yang when he applied for a visa and to be a
NZ citizen but unless there is something obvious (like a warning from a third
party about the candidate) both agencies rely on the applicant to be honest in
the information they provide and for that information to be in full and with sufficient
detail to do the basic checks needed to process these types of applications.
So when Yang failed to declare his full background there was a big hole in his history and while it
would be nice to imagine that an eagle eyed person working on those files might
have noticed that and bothered to follow it up, it’s clear that they did not*4
and accepted Yang at his word.
Then there is the
issue of the statement made by National Party President Peter Goodfellow (an
incredibly rich man with a background worth Googling) that while Yang has not
had a security vet he was vetted by the NZ political lobbying firm Saunders Unsworth.
Who is Saunders
Unsworth?
On first hearing this,
my ears pricked up as the idea of a bunch of lobbyists doing a security vet
seemed stupid at best and majorly concerning at worst.
And upon checking
out their website stupid went out the window and in waltzed concerning with a
big grin on its face.
Seems that Saunders
Unsworth, apart from shilling for a lot of large NZ business and overseas multinationals
(because that’s what a lobbyist is), has a very obvious connections to China as
a link (in Chinese on its main page) leads to a page which contains the following information in Mandarin:
The Company may arrange to
introduce you to key decision makers within the Government of New Zealand and
to assist you in obtaining regulatory approvals. It is also possible to provide
your organization with advice on New Zealand government or public relations
decision making.
Leaders
of our Chinese team are trade experts Charles Finny. Charles has served as a
deputy director of the New Zealand Embassy in Beijing for four years,
proficient in Mandarin, and has served as director of the New Zealand Business Office
for three and a half years in Taipei. Before taking over the post of Chief
Executive Officer of the Wellington Regional Chamber of Commerce, Charles has
been the chief executive officer of the New Zealand Foreign Affairs Trade
Department during the signing of the China and New Zealand Free Trade
Agreements.
Apart from the fact
that the company seems to be actively courting business in China and China only
(as there were no other foreign language links on the site), its staffed and
run by Ex national Party members or those favorable to the party as this rather bitchy little snippet from their profile of Steven Joyce shows:
His
involvement with the Exclusive Brethren led to him being named as one of the
‘Hollow Men’ in Nicky Hager’s pathetic beat-up
publication.
So a National party
aligned bunch of lobbyists with clear links to China did the security vet on
Jian Yang and declared him safe to bring into the National party and
subsequently get access to all sorts of classified information and documents as
a MP sitting on a select committee, it’s the kind of suggestion that ranks up
there with vampires would be ok to run blood banks.
So is this more a
problem with National?
Yes it is, yes
indeed as National has been so far in bed with China and Chinese influences
that it’s no surprise that someone like Yang has ended up where he is as why
not, it’s business as usual for National.
So far the response of Bill English has been to do what he always does and simply say nothing of substance (truly he learnt well from John Key) and stall, delay and obfuscate as much as possible.
His comments directly pertaining to Yang simply sound like Sargent Shultz shouting "I know nothing!" but whats new in Toy Town?
So what next?
With National out
of government and Yang off the select committee for the moment we could all
just pretend that the problem is dealt with but as a MP Yang still has
potential to get access to documents and information and until properly vetted
he remains a risk and as Nippert notes:
The New Zealand SIS are said to be
"extraordinarily rigid" in its approach to foreign citizenship, to
the extent that marrying a foreign national - or even being born in a friendly
country such as Australia - raises significant hurdles for anyone attempting to
secure clearance.
I can attest to
that “rigidity” as I had to fight tooth and nail to get my clearance when I
worked at Immigration simply due to having lived outside of a Five Eyes
country for 10 years and that the NZSIS has no direct links to verify any
information or documents I provided*5.
And this is not a
racial or a “Chinese” thing. While not always happy with some of the behaviours
of NZSIS or the GCSB (I remain a believer in intelligence reform) I don’t balk
at the idea of national security or the need to ensure the security of New
Zealand by doing checks on people in certain places and positions.
So that leaves me
in the same position as the Daily Blog where I would not be surprised
if Yang was found to be a severe risk or even if he stood up and announced he
was passing information back to China as there is far more information to
indicate that he is a risk than any possible bona fides he might
have.
The problem, as Martyn
Bradbury notes, is that National is so infested with this issue that Yang is
really just the most obvious indication of how beholden National is to China
(Judith Collins and Orivida or Maurice Williamson and Donghua Liu are the next the
most obvious examples but as we know the rabbit hole goes a long way down for National and China) and in fact it would not even surprise me at this point
that National was fully aware that Yang had intelligence links back to China
and deliberately got him into the party and onto that select committee as part
of a deal rather than any “accident” or “oversight”.
At a minimum Yang needs to be fully vetted by the SIS and NOT Saunders Unsworth.
At a minimum Yang needs to be fully vetted by the SIS and NOT Saunders Unsworth.
What about Labour?
The incoming Labour
government gets to make hay of any bad news that Yang generates for National but in the long
run they too are keen to play with China but there just might be more
scruples in Labour than National, as well as less links to China and Chinese
businesses, to be able to moderate those influences down to things that are not
outright espionage, spying or criminal behavior.
Perhaps not relying
on Suanders Unsworth to do their security vetting is probably a good start.
Is this really that
much of a risk?
China might be a major trading partner but they are not a democracy or a place which holds any political ideals to which Kiwis might aspire (unless you are a member of National then "all aboard!") and its human rights record and history make it a risk no matter how much milk product we sell there.
Also when you consider the Chinese use of cyber weapons and cyber warfare (defined as Advanced Persistent Threats or APTs) and things like the recent hack of Australian Defence secrets (not proven to be Chinese but it nicely illustrates the risk of how close to home these things can be) and the extent of Chinese influence in NZ (and how frantic National is to deny it) and in the Pacific (defined as soft power) Yang is just one person, but one person in a key position, with the perfect training and background to hoover up information or have a detrimental (or China flavored) effect on NZ laws and legislation, and in an environment of rising Chinese influence then the answer is YES!
And if there is a risk and it cant be mitigated then the natural response of the Squirrels (and any sane person) would be to cut Yang from seeing anything which would be of issue. The only other option is to court/allow political interference which given how this is possibly a Five Eyes issue may not be possible. This is not like an electoral secretary for an MP calling up to argue for a visa for the MP's "cousin" this is something which if allowed is a full blown risk with little to mitigate it.
Also when you consider the Chinese use of cyber weapons and cyber warfare (defined as Advanced Persistent Threats or APTs) and things like the recent hack of Australian Defence secrets (not proven to be Chinese but it nicely illustrates the risk of how close to home these things can be) and the extent of Chinese influence in NZ (and how frantic National is to deny it) and in the Pacific (defined as soft power) Yang is just one person, but one person in a key position, with the perfect training and background to hoover up information or have a detrimental (or China flavored) effect on NZ laws and legislation, and in an environment of rising Chinese influence then the answer is YES!
And if there is a risk and it cant be mitigated then the natural response of the Squirrels (and any sane person) would be to cut Yang from seeing anything which would be of issue. The only other option is to court/allow political interference which given how this is possibly a Five Eyes issue may not be possible. This is not like an electoral secretary for an MP calling up to argue for a visa for the MP's "cousin" this is something which if allowed is a full blown risk with little to mitigate it.
So is Yang a spy?
We will probably
never know for sure but you don’t need 100% certainty to have concerns about an
area of risk and if the shoe fits then I reiterate my comment that if he was to
be found a risk then I would not be surprised one bit.
*-another good
example of why having the only two mainstream media outlets in NZ merge might
not be a good idea.
**-because haven’t we
all.
***-that’s a direct
quote from one I know.
*4-Having seen how overstretched
and often understaffed both INZ and DIA are in these roles I have some sympathy
for the people completing these files
*5- To their satisfaction
at least, I could prove my background but just not to their standards without
going through a lot of extra hoops before I got my clearance