HK court backs transgender right to use toilets that match chosen gender

23/7/2025 17:59

A Hong Kong court ruled on Wednesday in favour of a transgender person who challenged laws that criminalise them for going into public toilets that align with their chosen gender identity. Judge Russell Coleman struck down the two provisions that made it criminal to do so but suspended the ruling for 12 months to let the government "consider whether it wishes to implement a way to deal with the contravention".



The Environment and Ecology Bureau said in an email response to Reuters that the government will carefully study the judgment and consult the Department of Justice on the appropriate follow-up action.



"This is a matter of the line-drawing, which seems to me to be a question for the government or legislature to address," Coleman wrote in his judgment.



He also said the question of where to draw the line between a "female person" and a "male person" is "an answer not appropriately given by the courts, and is more appropriately a matter for legislation".



The legal challenge was launched by a transgender man, who identifies as K, born as a female and identifies as a man, and who sought to amend the Public Conveniences Regulations to allow individuals undergoing Real Life Experience treatment under medical supervision to use public toilets that align with their gender identity.