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South China Morning Post
a day ago
- South China Morning Post
Now is the time for a change in the mindset on LGBTQ rights
The freedom to use a suitable public toilet is a human right we can all relate to. Most of us know whether to use a washroom for women or 'gents'. But for transgender people in Hong Kong, the issue can be deeply troubling. Many face a dilemma when using toilets managed by the Food and Environmental Hygiene Department. They are required to choose one that corresponds to the sex stated on their identity card, often their gender at birth. Those making the difficult transition to the opposite gender might have to use a women's toilet when looking and dressing like a man, or vice versa. Many are so uncomfortable they don't use public conveniences at all. This unsatisfactory position must now change, with a High Court ruling last week declaring laws making it a criminal offence to use the 'wrong' FEHD toilet unconstitutional. Mr Justice Russell Coleman struck the regulations down, finding them to breach equality and privacy rights. He suspended his ruling for a year, giving the government time to find a solution. The case may seem trivial, but it is of great importance to the transgender community and raises the sensitive question of precisely when, during the transition, a person should be treated as having their acquired gender? Litigant K, who was born female but identified as male from an early age, was diagnosed with gender dysphoria in 2017. K undertook hormonal treatment and the 'real life experience' of consistently living as a man. An integral part of that process is using public toilets for men. Gender dysphoria is a medical condition that causes much distress and discomfort. It is a biological condition rather than a lifestyle choice, said the judge.


South China Morning Post
3 days ago
- South China Morning Post
Hong Kong authorities may appeal court ruling on opposite-sex public toilet use
Hong Kong authorities have said they will consider appealing against the court's decision to uphold a transgender man's legal challenge against a ban on people using some public toilets designated for the opposite sex. Advertisement A spokesman for the Environment and Ecology Bureau said on Tuesday that the government was studying the judgment handed down the day before and seeking legal opinions, while considering mounting an appeal. 'The establishment of sex-segregated public toilets under the Public Conveniences (Conduct and Behaviour) Regulation aims to protect the privacy and safety of the public when using public toilets, and to reflect social norms and expectations,' the spokesman said. 'This arrangement has been widely accepted by society.' The bureau also reminded residents that they must continue to use public toilets based on the principle of segregation of the sexes at present to avoid running afoul of the law. Advertisement At the centre of contention was the landmark ruling handed down by the High Court that upheld an anonymous litigant's claim that the government violated its constitutional duty to safeguard residents' fundamental rights by criminalising the misuse of public restrooms managed by the Food and Environmental Hygiene Department at the expense of the transgender community. The Public Conveniences (Conduct and Behaviour) Regulation, which governs the use of public lavatories managed by the department, bars anyone aged five or above from such facilities allocated to their opposite sex. Offenders can face a fine of up to HK$2,000 (US$255).


South China Morning Post
3 days ago
- South China Morning Post
Hong Kong LGBTQ groups in push to get public's support for same-sex rights bill
At least four Hong Kong LGBTQ groups have launched a petition to drum up support for a bill that aims to grant certain rights to same-sex couples , with the legislation facing strong opposition from lawmakers. The joint action by Hong Kong Marriage Equality, Dear Family Hong Kong, Pink Alliance and Covenant of the Rainbow on Thursday came a day after the legislature convened its first meeting to scrutinise the government bill, in which only one lawmaker of the 15-strong committee openly endorsed the proposal. The five-part bill aims to grant same-sex couples rights related to medical matters and after-death arrangements. Couples who have a valid same-sex marriage, partnership or civil union registered in a jurisdiction outside Hong Kong can have their relationship recognised under the proposed registration mechanism. The Registration of Same-sex Partnerships Bill is the government's response to a 2023 ruling by the Court of Final Appeal, which gave authorities two years to draw up laws setting out 'core rights' for same-sex couples, but did not outline what they might be. One of the groups that initiated the petition, Hong Kong Marriage Equality, called on lawmakers to support the bill. 'The bill represents an important step forward in acknowledging same-sex relationships in Hong Kong. In light of the Court of Final Appeal decision and the government's constitutional obligations, we urge lawmakers to give the bill favourable consideration,' group co-founder Jerome Yau said.