The Hong Kong High Court has issued a landmark ruling on the rights of transgender individuals to use public restrooms. A transgender man, referred to as “K”, had earlier filed for a judicial review, requesting the court to allow individuals undergoing gender transition to use public toilets that align with their gender identity. The judge ruled that the current regulations amounted to unfair treatment against transgender individuals. However, the ruling’s effect has been suspended for one year to give the government time to amend the relevant laws.
At the center of the case were Sections 7 and 10 of the Public Conveniences (Conduct and Behaviour) Regulation, which stipulate that men may not enter public women’s toilets managed by the Food and Environmental Hygiene Department, and vice versa for women. Children under the age of five are exempt. Violations can result in a fine of HK$2,000.
“K” is a transgender man currently undergoing gender transition. Though his ID card still lists his gender as female, he has received medical certification and has entered the “Real Life Experience” (RLE) phase of his transition. Nonetheless, he was still barred from using male restrooms.
The High Court ruled that tying toilet access strictly to the gender listed on a person’s identity card is too rigid and violates both the Basic Law and the equality provisions under Hong Kong’s legal framework. The judge noted that such definitions and rules should be amended by the legislature, and granted a one-year grace period for the government to either amend the law or propose other follow-up measures.