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The Star
2 days ago
- 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
South China Morning Post
6 days ago
- 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.
HKFP
7 days ago
- Politics
- HKFP
Transgender people have right to use public toilets in line with their affirmed genders, Hong Kong court rules
Transgender people are entitled to use public toilets according to their affirmed genders, a Hong Kong court has ruled in a landmark legal challenge filed by a trans man. High Court Judge Russell Coleman said in a judgment delivered on Wednesday that the Public Conveniences (Conduct and Behaviour) Regulation (PCCBR), which makes it illegal for transgender people to enter public toilets in line with their gender identity, is unconstitutional. Coleman ruled that two relevant provisions of the law should be struck down but suspended the judgment for one year to allow the government to 'consider and implement the appropriate way to resolve the contravention.' According to provisions 7 and 9 of the PCCBR, 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. Under the current law, authorities have the power to order any person violating the law to leave public toilets. Those who violate the law may be committing a criminal offence and will be fined up to HK$2,000. Judge Coleman ruled that those provisions contradicted Article 25 of the Basic Law, which states that all Hong Kong residents are equal before the law. The PCCBR only applies to public toilets managed by the Food and Environmental Hygiene Department (FEHD). The High Court judgment did not touch upon the regulations of privately managed toilets accessible to the general public. K, the applicant in the judicial review, said in a Chinese-language statement released by his legal representatives on Wednesday afternoon that he began preparing the legal challenge six years ago. 'Today, my transgender friends who are still undergoing gender transitions and I can openly use public restrooms without fear of being denied,' he said. 'This is a progressive step towards a more gender-friendly environment in Hong Kong, and we hope that the judicial system in Hong Kong will gradually become more inclusive in the future.' K, who was assigned female at birth, has been receiving medical treatment, including hormonal treatment, since he was 19. When he filed the judicial review, he was waitlisted for sex reassignment surgery and still identified as 'female' in his Hong Kong Identity Card, according to the judgment. Daly & Associates, K's solicitors, called the ruling a 'victory' and 'another step forward on the long road towards equality for the LGBTQ+ community in Hong Kong.' 'We welcome this judgment as a significant milestone in the advancement of transgender rights in Hong Kong,' the solicitors said. 'We urge the Government not to continue perpetuating these injustices, but to take timely, proactive actions to protect fundamental human rights, including the right to protection from discrimination on the grounds of gender identity.' Transgender concern group Quarks urged the government to 'immediately strike down' the provisions, as well as to push legislation of gender recognition and to comprehensively review gender-related laws and policies. Definition of male and female During the judicial review, K also asked the government to revise the definitions of 'male' and 'female' in the PCCBR to include transgender people like himself. According to Wednesday's judgement, Coleman said it should be the legislature, not the court, that gives the definition. The Court of Final Appeal ruled in February 2023 that it was unconstitutional for the government to require transgender people to complete full sex reassignment surgery (SRS) before they could change the gender marker on their identity cards. In 2021, the Equality Opportunities Commission (EOC), Hong Kong's equality watchdog, called for legislation to provide for protection against discrimination based on sexual orientation, gender identity and intersex status. However, the government or the EOC has yet to introduce any proposals.
South China Morning Post
03-07-2025
- South China Morning Post
150 live goats found, Hong Kong resident arrested in illegal slaughterhouse bust
A 51-year-old Hong Kong resident has been arrested for operating an illegal slaughterhouse in Yuen Long, where 150 live goats were discovered on a site with 'extremely poor hygiene'. Authorities said the Food and Environmental Hygiene Department, in a joint operation with police on Thursday, raided a secluded, enclosed plot of land spanning Ngan Kam Road in the New Territories, following a tip-off that someone was selling mutton online and was suspected of illegally slaughtering goats for sale. 'The involved location was secluded, with an area of about 6,000 square meters (64,583 sq ft), and around 150 live goats were reared within it,' said Senior Health Inspector Juliana Ng Wing-in. She added that the site was found with 'extremely poor hygiene and rudimentary equipment, and that there were no qualified professionals present to inspect the livestock.' Ng said during the raid, officers found activities consistent with illegal slaughtering and the sale of mutton, and believed the goats were bred from within the premises. Around 52kg (114lbs) of mutton and offal of unknown origin, with an estimated market value of HK$30,000 (US$3,821), was seized and destroyed. An additional 10kg of suspected illegally slaughtered mutton and offal was sealed for further investigation.
HKFP
29-06-2025
- Business
- HKFP
Explainer: How national security permeates Hong Kong bureaucracy, 5 years after law enacted
Five years since the Beijing-imposed legislation came into effect in Hong Kong, national security terms have become increasingly common in official guidelines, permit applications, and licences issued by government departments and semi-official bodies. Most recently, the Food and Environmental Hygiene Department (FEHD) notified businesses of new national security clauses under the Public Health and Municipal Services Ordinance. The new rule is the latest addition to similar provisions in official guidelines. Government departments and statutory bodies across different sectors, including education, labour, social welfare, arts and culture, and the environment, have added clauses relating to national security to their terms and conditions. John Burns, honorary professor in the Department of Politics and Public Administration at the University of Hong Kong, believes that the increasing prevalence of national security provisions in government guidelines and conditions reflects an intention to align the city's political culture with that of mainland China. 'Hong Kong is learning a new way of behaving,' Burns said, adding that he believed such measures would primarily function, in effect, as a deterrent mechanism. 'What they're encouraging everyone to do is self-censor, to behave.' As Hong Kong marks the fifth anniversary of the enactment of the national security law on Monday, HKFP looks at how the government has made national security near-ubiquitous in the years since the law was enacted at the end of June 2020. From restaurants to the environment First reported in early June, the FEHD's new guideline affects restaurants, entertainment premises like cinemas, gaming centres, and saunas, as well as funeral parlours. In letters sent to businesses, the department said that it could revoke business licences if operators – including license holders, directors, management, employees, agents, and subcontractors – engage in 'offending conduct' against national security or the public interest. The move has raised suspicions as to whether it targets 'yellow shops' – businesses sympathetic to Hong Kong's democracy movement. In addition, Secretary for Environment and Ecology Tse Chin-wan pledged earlier this month to tighten scrutiny of applicants and recipients of the government's Environment and Conservation Fund (ECF), saying public resources must not fall into the hands of 'non-patriots.' Applications for community waste reduction projects supported by the ECF come with an agreement for NGOs to safeguard national security. NGOs applying for community waste reduction projects that receive ECF support are required to sign a declaration pledging compliance with the security law and all local laws. Authorities also review the background and past work of applicant organisations to verify that they are 'patriotic.' Previously, in February 2023, 11 green groups, including ECF beneficiary Greensense, were named in a Wen Wei Po report, accusing them of inciting hatred against the government at a fundraising event. Education Theatre troupe Fire Makes Us Human was left without a venue for two plays in February last year after a school cancelled its venue booking, citing an instruction from the Education Bureau (EDB) under national security guidelines. The Hong Kong Institute of Contemporary Culture Lee Shau Kee School of Creativity (HKICC) told HKFP that it had complied with the EDB's request after the bureau received complaints about remarks on 'controversial' issues made by the troupe's founder, Alex Tong. Under national security guidelines, schools should 'prevent inappropriate use of school premises,' including situations where facilities are rented out to external organisations and when external individuals are invited to participate in school events. The responsibility falls on school management to forbid any person from conducting activities involving 'political propaganda' on campus. The 34-page document lists specific national security measures in schools, including a requirement for all newly appointed teachers at public schools, Direct Subsidy Scheme schools, and kindergartens joining the Kindergarten Education Scheme to pass the Basic Law and National Security Law Test. Contracts and quotations issued by government-subsidised schools must also include clauses relating to safeguarding national security. Under a separate document, the School Administration Guide, school librarians are required to ensure that the school library does not have any elements that endanger national security. Public libraries are similarly required to scrutinise public library materials in the name of national security. Arts and culture Such terms are also ubiquitous in bodies governing the arts sector. Film censorship rules were among the first to undergo national security-related changes, just a year after the Beijing-imposed legislation took effect. Any film 'objectively and reasonably capable of being perceived as endorsing, supporting, promoting, glorifying, encouraging or inciting' an act or activity that may amount to an offence endangering national security may also be censored by the Film Censorship Authority under the new guidelines introduced in June 2021. Since then, a number of independent films have failed to pass the city's censors. Short film festival organiser Phone Made Good Film cancelled the screening of Wake in Silence in April 2023, saying that the Office for Film, Newspaper and Article Administration (OFNAA) refused to issue a permit for the screening, allegedly because the nine-minute short showed a flag containing 'potentially seditious intent.' Wake in Silence contained a scene in which a flag with the words '100% freedom' could be seen. National security provisions are also formalised in the project grant guidelines of the Hong Kong Arts Development Council (HKADC), the statutory body that oversees government funding for arts projects. According to the guidelines, the council will not accept applications if it has any reason to believe that the applicant has engaged or is engaged in any act or activity that is likely to constitute or cause the occurrence of any offence endangering national security. In January last year, the HKADC, whose funding examiners are also required to safeguard national security under their appointment terms, pulled funding from the Hong Kong Federation of Drama Societies, the organiser of the city's largest theatre awards ceremony. The 2023 awards featured presenters including political cartoonist Wong Kei-kwan, known as 'Zunzi,' as well as journalist Bao Choy. Choy was arrested in 2020 after being accused of making false statements to access vehicle records while investigating the Yuen Long attacks during the 2019 protests, but was cleared of any wrongdoing at the city's top court. HKADC chair Kenneth Fok said that the council pulled the award show's funding to 'reduce the risk of potentially breaching' the national security law. Arts venues and bookstores are among the establishments that may need a public entertainment licence to operate, the application for which includes a declaration to the FEHD that 'no act or activity on the licensed premises may constitute or is likely to cause the occurrence of an offence endangering national security.' Labour and social welfare The social welfare sector, a core part of Hong Kong's once-vocal civil society, has also undergone its own national security overhaul. In December, activist Lau Ka-tung's social work licence was suspended for five years under new national security terms in the Social Workers Registration Ordinance. Later, in February, the registration board warned him not to publicly describe himself as a 'former social worker.' In July last year, the Legislative Council (LegCo) passed a bill giving government appointees a majority on the Social Workers Registration Board, which is in charge of vetting the qualifications of the city's social workers. As part of the overhaul, the ordinance now includes an expanded section on the board's powers to disqualify a social worker convicted of an offence that 'may bring the profession… into disrepute.' The authorities said the move was needed to 'better protect national security.' National security clauses are also codified in the Social Welfare Department's grant subvention manual, which states that the government's NGO funding agreement with an organisation may be immediately terminated if it is found to have engaged in acts that may endanger national security. On Wednesday, lawmakers passed amendments to the city's union laws, banning anyone convicted of national security offences from serving in unions for life, requiring foreign funding to be vetted by authorities, and allowing the registrar to reject any union registrations or mergers on national security grounds. The amendments, scheduled to take effect in January next year, were proposed to 'better fulfil the duty of safeguarding national security ' under the Beijing-imposed national security law and the locally enacted Safeguarding National Security Ordinance, also known as Article 23. Development A national security provision was inserted into all land sale tenders and short-term tenancy agreements under the Lands Department in November 2022. According to the amendment, the government reserves the right to disqualify potential buyers or suspend short-term leases of government land on national security grounds. Hong Kong's major property stocks tumbled in mid-February 2023 after the national security clause was first reported by the Hong Kong Economic Times. New World Development led the plunge with a loss of 6.68 per cent from its stock price. Nonetheless, the Real Estate Developers Association chairperson, Stewart Leung, said that month he heard no objections from members, as the national security clauses would not affect developers' or overseas investors' intentions to bid for land. Chief Executive John Lee also maintained that the national security clauses had 'no relevance' to any business decisions related to land sales. Audit Commission The Audit Commission, in charge of reviewing the finances of public administration, is now also tasked with identifying national security gaps in government departments and public organisations, ensuring that safeguarding national security is a government-wide endeavour. In April last year, Director of Audit Nelson Lam said the commission found no clauses mentioning national security in Hongkong Post's contracts with stamp designers, the Department of Health's contracts with an institution to provide dental services for the elderly, and the Transport Department's contracts for rehabilitation services buses. Two months earlier, Lam warned that some government departments and public organisations had 'completely disregarded' the Beijing-imposed national security law. The remark came after the official auditor released a report in October 2023, saying that the Chinese University of Hong Kong (CUHK) had not incorporated safeguard measures relating to national security in tender documents, contracts, and guidelines. The Leisure and Cultural Services Department stepped up its scrutiny of library materials in the name of national security after the commission advised in April 2023 that greater efforts were needed to ensure government-managed library collections did not contravene the Beijing-imposed security law. To date, public libraries have received around 140 reports from the general public about suspected national security violations and other potentially 'objectionable content' since the reporting mechanism was introduced in July 2023. The commission recommended in March this year that the Hong Kong Council for Accreditation of Academic and Vocational Qualifications incorporate national security clauses in its agreements and contracts to strengthen guidance and regulation over such matters. It also suggested that the Transport and Logistics Bureau include national security provisions in its contracts under the Maritime and Aviation Training Fund. 'Getting up to speed' Kenneth Chan, associate professor in the Department of Government and International Studies at Hong Kong Baptist University, said it was in government officials' interests to introduce national security terms, 'partly because this happens to be also the easiest thing for them to say to display loyalty, and partly because it serves to expand the government's remit against what it has called 'soft resistance' which remains unspecified.' However, he warned that formalising national security-related terms and conditions, particularly in contracts and agreements, 'does not help much to clarify where the lines are drawn.' Compared with mainland China, where national security has been in the making for 'generations,' national security is still young in Hong Kong, Burns said. 'People on the mainland have a different understanding of what's permissible behaviour,' he said, adding that Hong Kong is still 'getting up to speed' on the matter of national security. The HKU academic also cited the environment minister's remarks last week that implementing national security clauses in laws, guidelines, and permit agreements had a twofold purpose: to have civil servants safeguard national security and to tell residents that they also have a responsibility to do so. In addition to indicating the bureaucracy's loyalty to the central government, formalising national security terms would allow the government to 'train its own people and educate [residents],' said Burns. As stated in Article 23, Hong Kong's homegrown security law, all public officers are duty-bound to safeguard national security. Secretary for Security Chris Tang said in November that civil servants would be issued confidential national security guidelines this year to 'change the mentality and mindset of our colleagues, to embed the concept of national security into their brains.' Meanwhile, a new version of Hong Kong's civil service code was introduced in June last year, stipulating that civil servants must uphold six new core values, including 'upholding the constitutional order and national security' in first place. Original reporting on HKFP is backed by our monthly contributors. Almost 1,000 monthly donors make HKFP possible. Each contributes an average of HK$200/month to support our award-winning original reporting, keeping the city's only independent English-language outlet free-to-access for all. Three reasons to join us: 🔎 Transparent & efficient: As a non-profit, we are externally audited each year, publishing our income/outgoings annually, as the city's most transparent news outlet. 🔒 Accurate & accountable: Our reporting is governed by a comprehensive Ethics Code. We are 100% independent, and not answerable to any tycoon, mainland owners or shareholders. Check out our latest Annual Report, and help support press freedom. Original reporting on HKFP is backed by our monthly contributors. Almost 1,000 monthly donors make HKFP possible. Each contributes an average of HK$200/month to support our award-winning original reporting, keeping the city's only independent English-language outlet free-to-access for all. Three reasons to join us: 🔎 Transparent & efficient: As a non-profit, we are externally audited each year, publishing our income/outgoings annually, as the city's most transparent news outlet. 🔒 Accurate & accountable: Our reporting is governed by a comprehensive Ethics Code. We are 100% independent, and not answerable to any tycoon, mainland owners or shareholders. Check out our latest Annual Report, and help support press freedom. 💰 It's fast, secure & easy: We accept most payment methods – cancel anytime, and receive a free tote bag and pen if you contribute HK$150/month or more.
