Latest news with #PublicConveniences(ConductandBehaviour)Regulation
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.
HKFP
23-07-2025
- 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.
RTHK
23-07-2025
- Politics
- RTHK
High Court strikes down law on opposite-sex toilets
High Court strikes down law on opposite-sex toilets The High Court ruling allows the government time to come up with a way to respond to the decision. File photo: RTHK A High Court judge has ordered a law prohibiting people from using public toilets designated for the opposite sex to be struck down, ruling in favour of a transgender man who challenged the city's public convenience regulations. In a landmark ruling on Wednesday, judge Russell Coleman said "drawing the line" of a person's biological sex at birth creates a disproportionate and unnecessary intrusion into privacy and equality rights, and contravenes articles of the Basic Law and Hong Kong Bill of Rights. However, Coleman suspended his order for a year to give 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 wrote in a 51-page judgement. "This is a matter of the line-drawing, which seems to me to be a question for the government or legislature to address." Coleman also said it would not be appropriate for the courts to judge where to draw the line between a "female person" and a "male person", as it was a matter for legislation, "probably in the context of wider or inter-linked questions". The legal bid was filed by a transgender man identified only as "K", who sought to amend the wording of the Public Conveniences (Conduct and Behaviour) Regulation, which bans people aged five or above from facilities allocated to their opposite sex. At the time of bringing the application, K held a gender identity letter showing he was undergoing a period of "real-life experience", during which he sought to live consistently in his adopted gender. The court heard that the applicant pressed for changes to the regulation, to let transgender people diagnosed with gender dysphoria and having a medical need to undergo "real-life experience" access public toilets corresponding to their identified gender. The government had argued that public toilet access rules protect other users' rights, including privacy and security, as well as societal expectations.
