Common Mistakes Private Investigators Make in Divorce Cases - Infidelity

In Hong Kong, private investigators typically provide the following assistance in divorce cases, but it's crucial that their operations comply with the local legal regulations (including the Personal Data (Privacy) Ordinance and related regulatory requirements). Here is one of the most common misconceptions:

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Spousal Infidelity (Adultery)

Case Example

The client suspects her husband of having an affair but lacks concrete evidence. The private investigator, through surveillance, photography, and video recordings of intimate behaviour between the husband and the third party (such as entering a hotel room together, or filming intimate moments through the window), believes this evidence can prove "unreasonable conduct" or adultery in divorce proceedings, thereby affecting alimony or property division.

Outcome

The court explicitly stated that even if adultery occurred, no additional assets would be allocated to the client, nor would it be considered in child custody arrangements.

Because the method of obtaining evidence was illegal and involved another person's privacy, the court did not allow the relevant photos and videos to be presented in court.

The husband provided the relevant videos and photos to the Privacy Commissioner's Office and the Police, and the wife and her hired private investigator were prosecuted. Although she received a suspended sentence, both of them now had a criminal record.

Child custody was subsequently awarded to the husband.

Note

Investigators must obtain evidence in public places to avoid invading privacy (e.g., eavesdropping and trespassing are illegal).

Conclusion

Private investigators can serve as a supplementary tool in divorce cases, but they must operate within the legal framework.

The key is to obtain valid evidence through legal means and to work closely with legal counsel to protect one's rights.