Ex-secondary pupils launch damages claims against Hong Kong schools alleging hair rules discriminated between boys and girls
- Nathan Lam, 18, says the ‘only, or perhaps the relatively effective way’ to deal with the problem was through the courts
- Lam and Ecarret Wong, also 18, say the problem affects pupils still at school and they hoped to encourage others to challenge rules
Two former secondary pupils have launched legal action to claim damages from their old schools in Hong Kong for emotional distress caused by the enforcement of short hair rules for boys.
They have alleged discriminatory treatment in separate civil suits, despite the dismissal of earlier complaints made to the city’s equality watchdog.
The pair, who were at different schools, on Wednesday filed the claims in court, alleging the hair rules breached the sex and disability discrimination laws.
“Over time, we still receive a lot of messages [from students] telling us [of] their helplessness in facing school rules,” said Nathan Lam Chak-chun, 18, a former pupil at Tung Wah Group of Hospitals Wong Fut Nam College.
“Facing the halt of investigations, we are quite helpless. We figure that the only, or perhaps the relatively effective way, to address this citywide issue is through court proceedings.”
Lam, who uses “she” and “her” personal pronouns, has gender dysphoria – a mismatch between biological sex and gender identity – but was forced to get a haircut last June under intense pressure from the school.
The ex-pupil has asked for damages of HK$100,100 (US$12,820) – HK$100 for the cost of the haircut and HK$100,000 for “massive mental stress” and being left “emotionally disturbed” by the rigid enforcement of the school’s rules.
Lam, who is preparing to resit the city’s public examinations, said an application for legal aid had been made, but, if unsuccessful, would cover the costs.
The Equal Opportunities Commission ended its investigation of the complaints brought by the two teenagers in March. Its ruling highlighted a lack of evidence to prove the schools had acted unlawfully, but the pair said they felt they had to pursue their case, the ramifications of which also affected other pupils.
Lam’s school told the Post that it had yet not received the legal documents and declined to comment.
Another claimant, 18-year-old Ecarret Wong Wing-hei, who formerly used the first name Oscar and is now studying for an associate degree at Hong Kong Community College, has taken legal action against Tin Shui Wai Methodist College.
The statement of claim, which did not specify damages, alleged the school had stricter hairstyle rules for boys than girls, which he observed was differential treatment based on sex.
Wong was banned from entering the classroom for several months in 2021 after he refused to cut off his ponytail and was only allowed to attend lessons on a virtual basis from the school’s medical room.
He was also barred from physical education classes and from mixing socially with his friends.
Wong, who has autism spectrum disorder and attention deficit hyperactivity disorder, said the school’s actions had failed to accommodate his special learning needs and created “obstacles and agony” when he tried to reintegrate into his class.
He added he hoped the stand taken by himself and Lam would encourage more pupils to demand their rights at schools and bring about changes to the rules.
“Teachers often hope to use their power to make students conform to the personality or form they desire without actually paying attention to the differences between individuals,” Wong said. “Some people may really hope to keep their long hair to meet their mental needs.
“Many schools fail to proactively address the issue. It is similar to the saying of ancestral law being unchangeable … it is completely contrary to the more open society we have today.”
Wong said he was still waiting to see whether his legal aid application, which he lodged in March, had been approved. He added that he might have to represent himself in court if he was unable to instruct a lawyer to act for him.
The cases are scheduled to be heard in District Court in January 29 next year.
