There is a group of people who are used to wearing dark sunglass even indoors. Their job is to track people, take photographs and search for clues without being noticed. They are not employed by any government organization or public security department.
 
They are private detectives. But in the country's list of various recognized occupations, they have no place. Because, even after two decades of rapid development, this occupation is still illegal in China.

"We urgently need proper attention and regulation from society and government to further improve this business," said Sun Yingjun, founder of China (Shanghai) Fumosi Business Consulting Co Ltd, whose business is actually that of private detective work.

Awkward progress

According to the notice released by the Ministry of Public Security, it is forbidden for any individual or organization to open any kind of private detective agency.

A recent statement from the ministry also said that a large-scale investigation into private detective organizations would be launched in 10 big cities, including Beijing, Shanghai, Guangzhou of Guangdong Province and Chongqing.

On June 6, a spokesperson for the Shenyang Civil Affairs Bureau in Northeast China's Liaoning Province said: "Without the permission of the Ministry of Civil Affairs, the China Private Detective Association (in preparation) has been banned according to the law."

Launched by Meng Guanggang, who is known as the country's first private detective, the association organized by over 90 "private eye" companies aimed to improve the reputation of the business. But it was suppressed immediately.

Since 1993, the business has edged forward in an awkward way: on the one hand, the business is illegal according to regulations; but on the other, huge market demand ensures the business continues to grow year after year.

Since Shanghai acquired its first private detective company in around 1992, the city has come to host over 30 such companies with more than 200 staff, according to statistics released by Fumosi.

Nowadays, four or five foreign invested detective companies have also opened offices in Shanghai, according to Sun. They employ local people and keep a very low profile.

"Our company is really busy, sometimes, our detectives can only get four hours of sleep in a day," said Sun. "Every year, we take on from 600-700 cases and the number is still rising."

"I think anything that exists has some essential reason for its persistence," said Wang Aimin, a lawyer with the Shanghai Huarong Legal Agency. "A lack of public rights protection leads to the birth of private detectives, especially in the areas of protecting individual benefits and rights."

"Just like lawyers, private detectives are also provide services required by society, but they are still not admitted and regulated," he added. "I think it is important that their investigations be authorized by the government."

"The notice from the Ministry of Public Security was released 11 years ago, but after such a long time, many things have changed," Sun said. "I wish the State would produce a new policy concerning this business and give us a legal status."

Spousal suspicions

"Actually, our business is not as mysterious as others may think," said Zhang Kaidong, CEO of Shanghai Pound Legal Information Investigation Co Ltd.

The only equipment the detectives use are vehicles, cameras and video cameras which can all be bought in the open market. Some small companies, employing only two or three people, even send their sleuths out on bicycles to conduct their investigations.

"We never use bug or pinhole camera, they are illegal and would infringe other's privacy. All the information we collect comes from public places," Sun added. "That's why most of the proof we collect would be applicable in court."

Their business covers investigations into marital fidelity, missing people, capital and credit, property rights, private bodyguards and debt repayments. Among these, the marriage investigations, which are understood as "investigating concubines" by the public, occupies the largest proportion of the business. Over half of the cases Sun received are of this kind.

Valentine's Day is always the busiest day for private detectives, with another peak day around Christmas. According to the Jilin-based Shenyang Jinbao, about 90 per cent of business for private detective agencies around February 14 this year was marriage-related. Over 80 per cent of the clients are wives investigating their husbands.

"On these special days, most of people who have other women or men in their lives are likely to have dates, so it is easy for us to catch them at that time," said Meng Guanggang to the media.

"All the cases we accept concern illegal actions. According to the degree of difficulty, the clues provided by clients and the risk, we charge different fees," Zhang said.

Generally speaking, to look for the fake goods producer or storage site is the most expensive, with a price of around 15,000 yuan (US$1,814), while the "concubine investigations" may cost a few thousand yuan.

"But there are some really black sheep in this field who disrupt the price system," Sun said. "They charge money but fail to deliver. That's why we need proper regulations to make the business more standardized."

High-risk business

"To me, the deepest feeling I have about this field is that it is a bitter experience to see the seamy side of life. I wish there were less of such case - the less the better," Sun said. "Though I have experienced a lot, I still feel uneasy."

"There is no specific qualification for being a private detective," Sun said. "When our company chooses staff, it looks for quick-witted people with a good educational background, rich social experience and familiarity with the law."

Most of the staff originally worked as police officers, lawyers, soldiers, teachers or in sports.

"The key is they should know how to protect themselves in this high-risk business," Zhang said.

Almost every private detective has been attacked during their investigations. Sun said his head had been injured when he was investigating a store of fake products.

"Because we have no legal position, no insurance company can accept our business," Zhang added.

(Shanghai Star  June 11, 2004)