Hong Kong authorities may appeal against court ruling on opposite-sex public toilet use

A spokesman for the Environment and Ecology Bureau said on Thursday that the government was studying the judgment handed down the day before and seeking legal opinions, while considering mounting an appeal.

“The establishment of sex-segregated public toilets under the Public Conveniences (Conduct and Behaviour) Regulation aims to protect the privacy and safety of the public when using public toilets, and to reflect social norms and expectations,” the spokesman said. “This arrangement has been widely accepted by society.”

The bureau also reminded residents that they had to continue to use public toilets based on the principle of segregation of the sexes at present to avoid running afoul of the law.

At the centre of contention was the landmark ruling handed down by the High Court that upheld an anonymous litigant’s claim that the government violated its constitutional duty to safeguard residents’ fundamental rights by criminalising the misuse of public restrooms managed by the Food and Environmental Hygiene Department at the expense of the transgender community.

The Public Conveniences (Conduct and Behaviour) Regulation, which governs the use of public lavatories managed by the department, bars anyone aged five or above from such facilities allocated to their opposite sex. Offenders can face a fine of up to HK$2,000 (US$255).

The law does not apply to public toilets managed by other government departments and those located on private premises.