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Response from the Environment and Ecology Bureau on judicial review judgment on transgender people using FEHD public toilets
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     ​A spokesperson for the Environment and Ecology Bureau (EEB) stated that regarding the judgment handed down by the Court of First Instance yesterday (July 23) on the judicial review concerning the provisions related to segregation of the sexes under the Public Conveniences (Conduct and Behaviour) Regulation (Cap. 132BL), the Government is carefully studying the judgment and seeking legal advice, and is considering lodging an appeal. At present, members of the public must continue to enter public toilets according to the principle of segregation of the sexes to avoid contravening the relevant laws.

     The spokesperson for the EEB said, "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. This arrangement has been widely accepted by society."

     Currently, public toilets under the purview of the Food and Environmental Hygiene Department (FEHD) are categorised into sex-segregated public toilets and gender neutral public toilets. Sex-segregated toilets follow the segregation of the sexes under the Public Conveniences (Conduct and Behaviour) Regulation. At the same time, gender-neutral toilets are available near about half of all sex-segregated toilets , including "Accessible Toilets" or "Unisex Toilets", which are available for use by all members of the public, including transgender individuals.

     In this judicial review, the Court of First Instance ordered that the provisions related to segregation of the sexes under the Public Conveniences (Conduct and Behaviour) Regulation shall be struck down, and suspended the execution of the order for 12 months to allow the Government time to address the matter of transgender individuals with gender identity disorder using FEHD public toilets. As indicated above, the Government is carefully studying the judgment and seeking legal advice, and is considering lodging an appeal.
 
Ends/Thursday, July 24, 2025
Issued at HKT 21:03
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