The Court of First Instance today handed down its judgment in K v Secretary for Environment and Ecology & Secretary for Justice. The Applicant challenges the constitutionality of Regulations 7 and 10 under the Public Conveniences (Conduct and Behaviour) Regulations (Cap.132BL), which prohibit transgender individuals from entering public toilets of their affirmed gender.

This judgment is a significant milestone in recognizing transgender rights in Hong Kong. In finding in favour of the Applicant, the Court acknowledges the discriminatory and intrusive nature of restricting transgender individuals from entering public toilets of the “opposite sex”. The Court declared that the relevant provisions contravene the right to equality and right to privacy under the Basic Law and the Hong Kong Bill of Rights, and also declared that such provisions be struck down but suspended for 12 months.

Various important issues for transgender rights have been highlighted in this case: the difficulties, fear, and harassment that may be faced by transgender persons in using public conveniences and in their everyday lives; the inadequacy of old laws that fail to protect and account for rights and basic needs of transgender individuals; the anachronistic justifications of the government for discriminatory laws and practices; and the government’s inaction in addressing gender recognition in a systemic and responsible manner.

We will continue to protect and advocate for the rights of transgender individuals. We also urge the government to promptly and proactively implement meaningful measures to safeguard against discrimination on grounds of gender identity.

We are grateful to have worked with Tim Parker SC in scoring this victory.

For details, please see the full judgement: HCAL646/2022

Please read our press releases below:

The Court of First Instance rules that transgender persons have the right to use public washrooms in accordance with their affirmed gender

高等法院原訟法庭裁定跨性別人士有權按照其性別認同使用公廁