Latest news with #public toilets
South China Morning Post
a day ago
- Politics
- 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).
The Standard
2 days ago
- Politics
- The Standard
Osaka property scam hits 40 Hong Kong buyers; losses near HK$100 million
High Court backs transgender person's right to use public toilets that match chosen gender identity
South China Morning Post
2 days ago
- Politics
- South China Morning Post
Hong Kong court rules law on use of opposite-sex public toilets must be struck down
A ruling by a Hong Kong court has ordered that the current ban on individuals' use of some public toilets designated for the opposite sex must be struck down, as a judge partially upheld a legal challenge calling for wider acceptance of transgender people in sex-specific facilities. In the landmark ruling on Wednesday, 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 develop a solution, 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', to make that determination. The government can also file an appeal against the decision within 28 days. Need for an update The applicant, a transgender man identified in court only as 'K', sought a judicial review in 2022 by highlighting a potential breach of local laws if he were 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 law does not apply to public toilets managed by other government departments and those situated at private premises. The department managed a total of 805 public toilets as of September 2022, with 408, or around half of them, being unisex facilities. Current laws bar residents over the age of five from using public lavatories designated for the opposite sex. Photo: Felix Wong Coleman noted that the law was drafted in the 1960s, when nobody in society would have envisaged a need for change arising from transgender identities. 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 with 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 originally 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. But they pulled back from that position after the Court of Final Appeal delivered a landmark judgment in 2023 affirming transgender people's right against privacy invasion in a case concerning the use of their preferred sex marker on identity cards. Step forward for LGBTQ Hongkongers The present case has created 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. In a statement shared by Daly and Associates, the law firm which served as K's solicitors, the applicant said: 'Today, I and other transgender friends who are still in the process of gender transition can use public toilets openly without fear of being rejected.' 'Hong Kong is another step further in improving its gender-friendly [measures]. Hopefully Hong Kong's judicial system will gradually become more inclusive in the future,' he added. The law firm described the ruling as a 'significant milestone in the advancement of transgender rights in Hong Kong'. 'Transgender individuals in Hong Kong deserve the same dignity, privacy, and equality as everyone else,' Mark Daly, the firm's principal, was quoted as saying. 'The burden of defending basic rights should never fall on those already facing systemic barriers.' He added that it was the government's duty to proactively review discriminatory laws and ensure that public spaces were safe, inclusive, and accessible to all, regardless of gender identity. 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.
CNA
2 days ago
- Politics
- CNA
Hong Kong trans man wins challenge against public toilet law
HONG KONG: A Hong Kong court on Wednesday (Jul 23) ruled to strike down parts of the city's law criminalising people going into public toilets designated for the opposite sex. The case was brought by a transgender man, known as "K", who was encouraged by doctors to use men's public bathrooms as part of his gender dysphoria treatment. K's Hong Kong ID card still identified him as female, which meant he could be fined up to HK$2,000 ($255) under existing rules. He argued that this breached his rights to equality, privacy, and to be free from discrimination. High Court judge Russell Coleman agreed and struck down two provisions in the city's regulations, giving the government a year to make the change. Transgender activists in the financial hub have notched several wins over the past decade in Hong Kong courts, which are separate from those in mainland China. The city's top court decided in 2023 that it was unconstitutional for the government to require a person to complete full gender-affirming surgery before the "sex entry" on their ID card could be changed. This decision meant the government had largely conceded its case in the public toilets legal battle, Coleman wrote on Wednesday. K did not challenge the constitutionality of sex-segregated public toilets. He was undergoing hormone treatment pending surgery when he launched the legal challenge. His treatment required that he undergo "real life experience" including using public toilets that match his identified gender, according to the ruling. "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," Coleman wrote.
The Standard
2 days ago
- Politics
- The Standard
Govt rules out providing reusable plastic containers at KTSP, as biodegradable cups offered
High Court backs transgender person's right to use public toilets that match chosen gender identity
