In a landmark ruling, Hong Kong’s High Court has struck down a law banning transgender individuals from using public toilets that align with their gender identity, declaring it unconstitutional.
The decision follows a legal challenge brought in 2022 by a transgender man known by the pseudonym “K”, who argued that the Public Conveniences (Conduct and Behaviour) Regulation violated his constitutional rights under Hong Kong’s Basic Law.
The regulation previously made it a criminal offence for anyone over the age of five to use a public toilet designated for the “opposite sex”, carrying a fine of up to HK$2,000.
Judge Rules Law Unconstitutional, But Defers to Lawmakers
High Court Judge Russell Coleman ruled on Wednesday that the regulation contradicted Article 25 of Hong Kong’s Basic Law, which guarantees equality before the law for all residents.
However, rather than immediately striking down the law entirely, the court gave the Hong Kong Government 12 months to determine and implement a solution that aligns with the constitution.
K also requested that the legal definitions of “male” and “female” be expanded to include transgender people under the regulation, but Justice Coleman left that decision to legislators.
A Victory for Trans Rights
In a statement after the ruling, K expressed relief and optimism:
“Today, my transgender friends who are still undergoing gender transitions and I can openly use public restrooms without fear of being denied,” K 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.”
Quarks, a Hong Kong-based trans youth support group, also welcomed the ruling:
“This is not just an affirmation of transgender rights legally but also a big step forward for Hong Kong’s overall human rights development.”
Limited Scope of Ruling
It’s important to note that the decision only applies to public toilets managed by the Food and Environmental Hygiene Department. Toilets operated by private businesses or organisations are not affected by the ruling.
This follows another win for trans rights in 2023, when Hong Kong’s Court of Final Appeal ruled that transgender people could update their gender markers on official documents, provided they had completed two years of hormone therapy and, in the case of transgender men, breast removal surgery, or genital surgery for transgender women.
