Protection Order Applications by Public Service Workers and Amending Legislation for Employers to Apply for Such Orders for Public Service Workers

99 Ms Kuah Boon Theng asked the Minister for Law (a) since the enactment of the Protection from Harassment Act 2014 (POHA), how many public service workers have applied for a protection order (PO) under POHA, arising from abuse or harassment received in the course of their duties; and (b) how many police reports were filed by or on behalf of such public service workers over the same period of time.

100 Ms Kuah Boon Theng asked the Minister for Law whether the Ministry would consider amending the Protection from Harassment Act 2014 to allow employers of public service workers to apply for protection orders on behalf of their employees, rather than requiring the individual public service workers to do so on their own.

Mr Edwin Tong Chun Fai: Let me first emphasise that abuse and harassment of public servants and public service workers in the course of their duties is unacceptable. The Government takes such conduct seriously and agencies are committed to protecting and supporting affected officers.

On the statistics sought by the Member: (a) out of a total of almost 2,000 Protection Order (PO) applications filed from 2023 to 2025, based on individual pre-filing declarations, around 2% involved public servants or public service workers applying for a PO arising from abuse or harassment received in the course of their duties; (b) in relation to Police reports concerning potential criminal offences under section 6 of the Protection from Harassment Act 2014 (POHA), from 2021 to 2025, there was an average of around 720 cases of harassment against public servants or public service workers reported annually.

Public sector employers are committed to providing a safe workplace and supporting all officers. Agencies have reporting and escalation channels, provide welfare and counselling support and, where appropriate, assist officers in making police reports.

Where criminal offences are disclosed, offenders may be investigated and prosecuted. Under POHA, those who harass public servants or public service workers in the course of their duties may be subject to criminal liability, punishable by a fine of up to $5,000 and/or imprisonment of up to 12 months.

Separately, victims may seek civil remedies under POHA. These include POs to prohibit further harassment, as well as claims for monetary damages.

For online abuse, the Online Safety (Relief and Accountability) Act now provides an additional avenue for public servants and public service workers to seek relief by reporting the matter to the Commissioner of Online Safety, who can direct the cessation of the harm. Victims may also authorise others, including their employers, to make such reports to the Online Safety Commission on their behalf.

The Member has suggested allowing employers to apply for POs on behalf of public service workers. We are indeed looking into whether employers can be allowed to apply for POs on behalf of their employees. We see the attractiveness of such an approach, particularly where employees may be reluctant to commence the proceedings themselves, because of time, costs or reluctance to engage with the harasser directly.

At the same time, POs are remedies intended to protect an individual's personal interests. It is, therefore, generally for the individuals concerned to decide whether to commence proceedings. Any proposal to allow employers to do so raises broader questions about consent, autonomy and how such proceedings should be conducted.

We will study these issues carefully in consultation with the relevant stakeholders.

The Government will continue to review our laws and processes so that they remain effective and appropriately calibrated to protect our officers who serve the public.