There is no name plate on the office building, but the
inhabitants, 400 policemen, are spreading themselves over bus stops
and ports under the guise of shoe polishers, peddlers and pedicab
drivers. China's first plainclothes police station has aroused the
people's curiosity: Who are these unmarked police officers? How are
they able to carry out their job without uniforms bearing
number-badges? How will their behaviors be regulated as they
enforce the law incognito? And how will they be able to protect
themselves with no identification?
Established on December 6, 2004, the plainclothes investigation
branch of the Kunming Public Security Bureau in Yunnan Province consists of five groups and 31
squadrons.
The branch's 400 policemen dispense themselves in areas noted
for high crime rates, such as bus stops, ports and villages. "Every
policeman has at least two pieces of old clothes he uses as a
disguise," said veteran police Yang Ping, also the deputy head of
the first group. "During these stings, I have recovered second-hand
mobile phones, served as a pedicab driver and even resold treasury
bonds at the gates of banks. Compared to an ordinary investigation,
undercover operations make me feel more like a professional
policeman."
Targeting suspects before cases occur, a new mode of
police work
"Plainclothes policemen were originally organized to fight
against pickpockets," said Ma Ning, director of the undercover
investigation branch. However, urbanization has enlarged their
scope and types of cases; street crimes can emerge unexpectedly. In
order to combat well-concealed and potential street crimes, in 2004
the plainclothes branch was established to enrich the local police
force.
"Undercover police have no fixed jurisdiction. We can dispatch
them based on our analysis of crime intelligence and lower an
effective crime dragnet," said Ma.
Another advantage of plainclothes is to target suspects before
crimes are committed.
"In the past, we targeted suspects after receiving case reports.
Now we can target suspects and conduct investigation before crimes
are committed and catch them on spot," said Ma.
Observation, monitoring and tailing are three basic methods
adopted by plainclothes police. Last year, a serial robbery case
aroused public panic in the downtown area. Since most of the
offenders were teenagers, police officers were unable to bring them
to court.? But through secret monitoring and tailing,
plainclothes police collected evidence on the suspects behind those
teenagers and uprooted the entire gang, arresting 12 suspects and
recovering over 100,000 yuan in cash.
Based on an intelligence platform, plainclothes police analyze
information to target crimes. They are not authorized to arrest
suspects without valid evidence. On the other hand, in order to
conserve police forces, undercover officers follow the principle of
"investigation and arresting only" and later transferring suspects
to the local public security bodies for further investigation.
Since its establishment, the branch has arrested 7,244 suspects
and uprooted 341 criminal rings. Thanks to the participation of
undercover cops, the total police force has remained unchanged, but
police prevention and control on main streets of Kunming has risen
by 16 % and in crime-prone areas by 34%.
Inquiry into plainclothes police's jurisdiction of
enforcement
The public may be interested in plainclothes police, but few are
willing to cooperate with them. "If a plainclothes policeman comes
to me and asks me to collaborate without revealing his identity, I
will probably not tell him anything," said Mr. Chen, a Kunming
citizen. "I value my privacy."
"Undercover police are an important part of the police force,"
said Jiang Ming'an, a professor from Peking University's Law
School. They play an important role in cases of drug trafficking,
organized crimes and stealing.
According to Ma Ning, the plainclothes branch is an independent
organ authorized to file cases and start investigations. When asked
about plainclothes policemen's enforcement jurisdiction, Ma said:
"We share the same jurisdiction with all the other public security
organs. We can handle everything authorized in the public security
organs by laws, including maintaining public order."
However, some experts hold different opinions.
"Plainclothes organs are set up to carry out investigations
rather than maintain public security," said professor Jiang.
"Public security falls in the column of administration cases.
According to the Law on Administrative Punishment and the Law of
Public Order Administration and Punishment, law enforcement
officers should identify themselves and produce certificates while
on duty. It's obviously not suitable for plainclothes.
"Public order cases such as theft or robbery that are hardly
distinguished from crimes or have violated criminal law may be
handled by undercover cops. In other cases, plainclothes police
should stand clear from them."
But Ma Ning, director of the plainclothes branch, confirmed that
his men would identify themselves before they arrested suspects.
"Our enforcement strictly abides by all relevant stipulations of
the Criminal Law," said Ma. "We only conceal our identity while
collecting and investigating evidence. For example, ordinary police
would collect evidence openly while conducting an investigation,
say, of an illegal bicycle sale. But undercover cops would pretend
to be a specific group of people close to the suspects, such as
buyers, so as to figure out their suspects' whereabouts and collect
sufficient evidence."
A qualified plainclothes police must be highly intuitive and
have the capacity to transform himself 72 ways, just like the
fabled the Monkey King. These abilities would enable an undercover
officer to masterfully disguise himself and see through
suspects.
Experts call for regulations on plainclothes police's
right to enforce law
"We need a law to regulate plainclothes police's operation,"
noted Liu Xiaoyuan, a lawyer. The People's Police Law stipulates
that technical investigative measures are conducted through a
strict approval process. But the law doesn't cover all the
necessary details.
Experts have warned that vague clauses in the law will result in
plainclothes police abusing their power due to inadequate public
supervision and it might put other officers at risk as well.
"There is no stipulation regarding an undercover cop's right to
self defense," said professor Jiang. "We must have solid strategy
and tactics in place before officers conduct undercover assignments
or secret investigations."
Jiang has called for more laws and regulations to clarify the
undercover police jurisdiction, the enforcement process and to
ensure self-protection and public supervision. "Only laws or
regulations can tackle the problems at their root," he said.
(China.org.cn by Huang Shan November 2, 2007)