APTN wholly supports the decision made on the 23rd of July by a Hong Kong high court, which ruled that the law criminalising people going into public restrooms that do not align with their sex assigned at birth is unconstitutional.
Bathroom bans have long been a weapon used to target trans people. Forcing trans people to use bathrooms of their sex assigned at birth not only deprives them the ability to participate in daily life, but also exposes them to the danger of being assaulted and harassed. It is a fundamental right for transgender people to be able to use bathrooms that correlate with their gender identity, as it is a matter of safety and dignity.
High Court judge Russell Coleman struck down Provisions 7 and 9 under the Public Conveniences (Conduct & Behaviour) Regulation (PCCBR), which ruled that no male person, other than a child under five who is accompanied by a female relative or nurse, can enter a public toilet allocated for women, and vice versa.
The case was brought to high court by an activist named “K”, a transgender man who argued that current bathroom laws were discriminatory. Under the current laws, K can be fined up to HK$2,000 if he were to enter the male toilets because K’s current identity card still identifies him as a ‘female’.
While the Hong Kong government did not immediately respond, this ruling is a welcome change to antiquated laws that infringe on the rights of transgender people.
While transgender people still face many difficulties in Hong Kong society, laws concerning transgender people in Hong Kong have seen positive changes over the years.
A notable case happened in 2024, wherein a trans activist successfully struck down the rule that required trans people to undergo gender reassignment surgery in order to change their gender markers in their ID cards, stating it was unconstitutional.
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