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South China Morning Post
24-07-2025
- Politics
- South China Morning Post
Hong Kong authorities may appeal against court ruling on opposite-sex public toilet use
Hong Kong authorities have said they will consider appealing against a court 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 Thursday 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 had to continue to use public toilets based on the principle of segregation of the sexes at present to avoid running afoul of the law. 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. Advertisement 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). The law does not apply to public toilets managed by other government departments and those located on private premises.
RTHK
24-07-2025
- Politics
- RTHK
Govt may appeal court order to void public toilet law
Govt may appeal court order to void public toilet law The government says people must continue to use public toilets "according to the principle of segregation of the sexes". File photo: RTHK The government is considering appealing against a court decision to strike down a law prohibiting people from using public toilets designated for the opposite sex, saying the purpose of having gender-specific lavatories is to protect the privacy and safety of individuals. The statement from the Environment and Ecology Bureau on Thursday came a day after the High Court ruled in favour of a transgender man who challenged the Public Conveniences (Conduct and Behaviour) Regulation. But the court suspended the judgment for a year to allow the government time to come up with an approach. The regulation bans people aged five or above from public lavatories managed by the Food and Environmental Hygiene Department allocated to their opposite sex. The bureau said it is "carefully studying the judgment and seeking legal advice, and is considering lodging an appeal". It also called on members of the public to continue to enter public toilets "according to the principle of segregation of the sexes" to avoid running afoul of the law. "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," a bureau spokesperson said. "This arrangement has been widely accepted by society." The government went on to say there were gender-neutral toilets available near about half of the sex-segregated lavatories that can be used by everyone, including transgender individuals.
Los Angeles Times
23-07-2025
- Politics
- Los Angeles Times
Hong Kong judge rules in favor of transgender bathroom access
HONG KONG — A Hong Kong judge on Wednesday ruled to strike down regulations criminalizing the use of bathrooms designated for the opposite sex, ruling in favor of transgender individuals' rights to access public toilets matching their identity. Judge Russell Coleman approved the judicial review of K, who was born a woman and identifies as a man, saying the regulations contravene an article of the city's mini-constitution that stipulates all residents should be equal before the law. But he suspended the declaration to strike down the regulations for a year to allow the government 'to consider whether it wishes to implement a way to deal with the contravention.' He said in the judgment that the regulations and 'drawing the line of a person's biological sex at birth create a disproportionate and unnecessary intrusion into the privacy and equality rights.' The ruling marks another step forward in recognizing the rights of LGBTQ+ people in the Chinese financial hub. In recent years, the government has revised policies following activists' wins in legal challenges. Currently, only children under 5 years old accompanied by an opposite sex adult can enter a public washroom designated for the opposite sex. Those violating the rule face a fine of up to 2,000 Hong Kong dollars (about $255). K launched a legal challenge in 2022, seeking to expand the exemption to pre-operative transgender people who have been diagnosed with gender dysphoria and have a medical need to undergo the process of living in their identified gender. He argued that his constitutional rights were infringed by the prohibition against him using public toilets allocated for men, the court heard. The Environment and Ecology Bureau said in an emailed statement that the government will carefully study the judgment and consult the Department of Justice on the appropriate follow-up action. Quarks, a group serving transgender youth in Hong Kong, welcomed the ruling, urging officials to take immediate action to rectify what it called long-standing discrimination in the system. 'The ruling is not just an affirmation of transgender rights legally but also a big step forward for Hong Kong's overall human rights development,' it said on Instagram. In 2023, Hong Kong's top court ruled that full sex reassignment surgery should not be a prerequisite for transgender people to have their gender changed on their official identity cards. The next year, the government revised its policy to allow people who have not completed full gender-affirmation surgery to change their genders on ID cards as long as they fulfill certain conditions. The conditions include the removal of breasts for transgender men, the removal of the penis and testes for transgender women, and having undergone continuous hormonal treatment for at least two years before applying. Applicants also have to continue their hormonal treatment and submit blood test reports for random checks upon the government's request. In April, activist Henry Tse, who won the legal battle in 2023 and received his new ID card reflecting his gender change last year, lodged a fresh legal challenge over the new requirements. Leung writes for the Associated Press.
HKFP
22-04-2025
- Business
- HKFP
21 restaurants fined for breaching Hong Kong disposable plastic regulation one year after ban
Hong Kong authorities have fined 21 restaurants for breaching the city's disposable plastic ban in the year since the policy came into effect. Under the first phase of the citywide plastic ban, which began in April last year, restaurants are prohibited from using styrofoam tableware, as well as most single-use plastic items such as utensils, stirrers, and plates. They had a six-month 'adaptation period,' which ended in October. Plastic cups and food containers are currently still allowed to be sold and used for takeaway but cannot be distributed for dine-in purposes. In a Facebook post published on Monday – a day before Earth Day – the Environment and Ecology Bureau (EEB) said that it had received 122 reports of restaurants suspected of violating the ban between October, when the adaptation period ended, and mid-April. Most of the eateries complied after follow-up by the authorities, and only 21 restaurants were fined for still breaching the rule despite receiving a written warning, the bureau said. A business will be fined HK$2,000 if it fails to comply within 10 days after receiving a warning for violating the plastic ban. However, the EEB also highlighted some improvements. 'Relative to the over 26,000 eateries in Hong Kong, we can see that the sector has mostly gotten used to the new laws,' it wrote in the Chinese-language post. It added that an increasing number of customers have been getting into the habit of bringing their own reusable cutlery and that restaurants have also been using alternatives to plastic. 'The restaurant chains say that more than 80 percent of their customers no longer ask for takeaway cutlery, thereby preventing over 60 million sets of disposable cutlery from being dumped into landfills in Hong Kong,' the bureau also said. 'Low-carbon city' Under the second phase, the ban will be extended to more types of tableware including plastic cups, cup lids, food containers and food container covers, which are currently only banned for dine-in services but still allowed for takeaway customers. No timeline has yet been announced for the second phase and the Facebook post also did not mention when the new rules would kick in. But the bureau said it was preparing to collaborate with 'large-scale restaurant groups' to conduct tests in the middle of the year for plastic alternatives to identify substitutes that would 'affect citizens' lives the least.' The bureau hopes to promote a plastic-free culture and turn Hong Kong into a 'green, low-carbon city,' it added. According to Hong Kong's Climate Action Plan 2050, which was released in 2021, the city aims to reduce carbon emissions by 50 per cent from the 2005 levels before 2035, and to achieve carbon neutrality before 2050. Green groups, however, have criticised the plan, saying it does not have a mechanism for reporting the progress of meeting the objectives. The government should establish regular reporting and clear reduction targets for different sectors, they said.
The Standard
21-04-2025
- Business
- The Standard
21 eateries slapped with $2,000 fine as HK marks one year of plastic ban
Twenty-one restaurants were fined for repeatedly failing to comply with the single-use plastic ban as Hong Kong marks one year since enforcing the law on Tuesday, the Environment and Ecology Bureau said. In a Facebook post, authorities said that following a six-month grace period of the plastic ban legislation expired, they received 122 relevant reports or complaints as of mid-April, and most of them have rectified their approach after a follow-up. Only 21 eateries were slapped with a fixed penalty ticket of HK$2,000 due to persistent violations despite receiving a written warning, the post read. The bureau also listed its efforts to aid the transition, including inspection of 48,000 food establishments, retail stores, and hotels, organizing training seminars and setting up hotlines to support businesses through the plastic ban. 'Restaurant chains reported that over 80 percent of customers no longer require disposable takeaway utensils, potentially preventing over 60 million sets of plastic utensils from being dumped into landfills annually,' the bureau wrote. To advance the next phase of the plastic ban, authorities plan to collaborate with major restaurant groups in mid-2025 to conduct product tests in various dining environments to identify the most viable green alternatives for single-use plastic utensils. 'While reducing plastic usage is essential for protecting health and the environment, authorities must balance it with the affordability, availability, and practicality of alternatives." The legislation to curb single-use plastic waste first came into effect on April 22, 2024– exactly a year ago – with a six-month adaptation period. The first phase prohibits the sale and distribution of some single-use plastics such as straws and cutlery, as well as styrofoam food containers. The second phase is expected to extend the ban to include plastic cups, food containers for takeout. The government has yet to set an implementation date for the second phase, and was gathering views from industry stakeholders on the matter, Secretary for Environment and Ecology Tse Chin-wan said in a written reply to lawmakers last week. (Jamie Liu)
