Better Protection against Physical Assaults

Er Dr Lee Bee Wah asked the Deputy Prime Minister and Minister for Home Affairs in cases where the victims of assault are told by the Police to seek civil redress (a) under what circumstances will the Police effect an arrest to prosecute the offender who hurts another person and causes bodily harm; and (b) whether the Ministry will strengthen the current law to better protect a person who is physically accosted and injured.

Assault cases span a wide spectrum. The Police will make preliminary enquiries to establish the facts and circumstances for every case that is reported. An arrest would be effected if an assault results in

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grievous injuries. As for cases where there are minor or no injuries, Police will classify them as voluntarily causing hurt (VCH). Such cases can range from a slap during a family dispute to the use of physical force during incidents of road rage.

For VCH cases where there is clear harm to public interest and safety, such as assault in the context of road rage, or which involve vulnerable victims or those who perform public services, Police will initiate action and apply for an order from the Public Prosecutor to investigate the matter. Such cases comprised about 9% of the reported VCH cases over the past three years. Upon the conclusion of investigations, the Attorney-General's Chambers (AGC) will make the final prosecutorial decision, based on the evidence available. The defendant may be prosecuted or administered with a stern warning and, in some cases, AGC may decide not to take any further action.

However, the majority of VCH cases are resolved without further Police involvement. In some cases, the parties involved do not want to pursue the case even after a police report has been made by them or a third party. This is especially true for cases involving family members or friends. It is also often difficult to obtain objective evidence as it may be the word of one party against the other. Hence, Police would normally allow the parties to reach an amicable solution without pursuing the matter further if the case does not involve the aggravating elements described above.

If an aggrieved party wishes to pursue his or her case, there are several options available. One option would be for the aggrieved party to engage his or her own lawyer to bring the defendant to Court in a civil proceeding. Another option would be to lodge a Magistrate's Complaint. Depending on the circumstances of the case, the Magistrate may refer the parties for mediation at the Community Mediation Centre (CMC) or direct Police to conduct further investigations.

MHA will continue to monitor the situation and review the need to impose additional measures, legislatively or administratively, in order to protect victims of assault.

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