Latest news with #ConductandBehaviour)Regulation
The Star
28-07-2025
- Politics
- The Star
Hong Kong court orders law on use of opposite-sex toilets to be struck down
A Hong Kong court has ruled that a law prohibiting individuals from using some public toilets designated for the opposite sex must be struck down, as a judge partially upheld a legal challenge for widening acceptance for transgender people in sex-specific facilities. In the landmark ruling, the High Court upheld an anonymous litigant's claim that the government violated its constitutional duty to safeguard residents' equality and privacy rights by criminalising the misuse of public restrooms managed by the Food and Environmental Hygiene Department at the expense of the transgender community. Mr Justice Russell Coleman suspended his judgment for a year to allow the government time to come up with an approach, noting that officials might feel content to 'let the criminal offence go'. 'I suppose the view could be taken that, as with other conveniences accessible by the public (but privately managed), there are other offences which can be used to deter and punish improper conduct,' he said in a 51-page judgment. 'This is a matter of line-drawing, which seems to me to be a question for the government or legislature to address.' He also stressed that the court would not judge where the line separating men and women should be drawn in the legal context, as it was a matter for legislation, 'probably in the context of wider or interlinked questions'. The government can also file an appeal against the decision within 28 days. The applicant, a transgender man only identified in court as 'K', sought a judicial review in 2022 by highlighting a potential breach of local laws if he was found to have entered a public restroom that did not align with the female sex marker on his identity card. The court heard that K held a gender identity letter showing he was undergoing a period of 'real-life experience', during which he sought to live consistently in the adopted gender. The step is generally required in Hong Kong for anyone wishing to proceed to hormonal treatment or sex reassignment surgery. 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$254). The applicant's counsel argued the regulation should be revised to accommodate holders of such medical certificates so that they could access toilets of the sex they identified as before they were deemed fit to receive treatment. Tim Parker SC, for K, highlighted the mental health challenges faced by the transgender community and said his client would minimise water intake while outdoors to avoid having to go to public toilets and arousing suspicion. Authorities resisted the legal bid by highlighting safety and privacy concerns and society's expectation that toilet access be limited in accordance with the users' biological sex. The present case has founded a new battleground for greater legal recognition by the LGBTQ community that has forced the city government to implement piecemeal reforms over the years through legal action. The Court of Final Appeal delivered a landmark judgment in 2023 affirming transgender people's right to use their preferred sex on their identity cards without having to undergo the full reassignment process. But the top court also highlighted that the new legal position did not signify recognition of the holder's sexual status as a matter of law. One of the applicants behind the successful legal bid has since initiated a fresh challenge over what he considers to be unlawful requirements to continue using his preferred sex on his identity card. Quarks HK, a concern group focusing on issues with transgender youth, said the ruling marked a significant milestone in human rights development in Hong Kong. It urged authorities to set up more gender-friendly public facilities and double down on efforts to remove the social stigma attached to transgender people. - SOUTH CHINA MORNING POST
HKFP
25-07-2025
- Politics
- HKFP
Gov't mulls appealing against court ruling granting trans people access to toilets matching their gender identity
The Hong Kong government is considering appealing against a court ruling that granted transgender people access to public toilets in line with their affirmed genders. In a statement on Thursday, a day after the High Court ruled in favour of a trans man challenging the laws that ban people from entering public bathrooms designated for the opposite sex, the government said it was considering an appeal and that the laws were still in effect. The segregation of sex in public toilet use was 'widely accepted by society' and the provisions protected privacy and safety, the government said. 'The establishment of sex-segregated public toilets… aims to protect the privacy and safety of the public when using public toilets, and to reflect social norms and expectations,' the Environmental and Ecology Bureau (EEB) spokesperson said. The EEB oversees the Food and Environmental Hygiene Department (FEHD), which manages Hong Kong's public toilets and bathrooms. In a judgment handed down on Wednesday, High Court Judge Russell Coleman ordered the government to strike down two provisions in the city's Public Conveniences (Conduct and Behaviour) Regulation. Provisions 7 and 9 of the PCCBR state that no male person, other than a child under five who is accompanied by a female relative or nurse, can enter a public toilet allocated for women, and vice versa. Coleman said the laws 'create a disproportionate and unnecessary intrusion into the privacy and equality rights' and contravened Article 25 of the Basic Law, under which all Hong Kong residents are equal before the law. 'Many trans people choose not to use public conveniences at all, due to fear, the threat of harassment, and to avoid having their gender identity invalidated or undermined,' the judge wrote. But he suspended the order for one year to allow the government to 'consider and implement the appropriate way to resolve the contravention.' The PCCBR only applies to public toilets managed by the FEHD. The High Court judgment did not touch upon the regulations of privately managed toilets accessible to the general public. K, the trans man who filed the judicial review – a legal tool to challenge government policies – against the public toilet laws, called Wednesday's court ruling 'a progressive step towards a more gender-friendly environment in Hong Kong.' 'Today, my transgender friends who are still undergoing gender transitions and I can openly use public restrooms without fear of being denied,' he said in a Chinese-language statement released by his legal representatives after the verdict was released. Transgender concern group Quarks urged the government to 'immediately strike down' the provisions, as well as to comprehensively review gender-related laws and policies. The government said in the Thursday statement that gender-neutral toilets, including accessible toilets for the disabled and unisex toilets, were available 'near about half of all sex-segregated toilets.' Such facilities 'are available for use by all members of the public, including transgender individuals,' the government said.
