Court sides with transgender person over rights using opposite sex toilets
發佈日期: 2025-07-23 21:32
TVB News
A Hong Kong court on Wednesday sided with a transgender person who challenged legislation that criminalises them for using public toilets that match with their chosen gender identity.
Applicant "K" was a female to male transsexual person. He was diagnosed with gender dysphoria in 2017.
He filed the legal bid in 2022, hoping to change the provisions in the Public Conveniences Regulation that forbid people from entering opposite sex public toilets, unless they are under the age of five accompanied by an opposite sex relative or nurse.
At the time of the application, "K" was undergoing the process of "real life experience" -- a time period which he needed to live consistently with his identified gender.
"K" received a "Gender Identity Letter" from the doctor, proving that he had been going through the real life experience and was to be treated as a male in social contexts.
It also states that the usage of men's public toilets is a crucial part of treatment and transition.
However, the law does not recognise "Gender Identity Letters," meaning "K" was prohibited from using male public toilets.
In his judgement, Judge Russell Coleman says the provisions of the regulation is against the Basic Law. He rules the relevant provisions in the regulation not effective.
But a 12-month suspension is given to the declaration to provide time for the government to consider if they "wish to implement a way to deal with the contravention."
