Government Considers Appeal After Court Rules on Sex-Segregated Public Toilets Regulation

Response from the Environment and Ecology Bureau on judicial review judgment on transgender people using FEHD public toilets

​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.

Property owner fined over $90,000 for not complying with removal order

An owner was convicted and fined $92,140 in total, of which $52,140 was the fine for the number of days that the offence continued, at the Tuen Mun Magistrates' Courts last Friday (January 16) for failing to comply with a removal order issued under the Buildings Ordinance (BO) (Cap. 123).

The case involved an unauthorised structure with an area of about 80 square metres adjoining a village house at Tong Tau Po Tsuen, Yuen Long. Since the Lands Department would not issue a certificate of exemption for the unauthorised building works (UBWs) and the UBWs were carried out without prior approval and consent from the Buildings Department (BD), a removal order was served on the owner under section 24(1) of the BO. Failing to comply with the removal order, the owner was prosecuted by the BD.

A spokesman for the BD said today (January 19), "UBWs may lead to serious consequences. Owners must comply with removal orders without delay. The BD will continue to take enforcement action against owners who fail to comply with removal orders, including instigation of prosecution, to ensure building and public safety."

Failure to comply with a removal order without reasonable excuse is a serious offence under the BO. The maximum penalty upon conviction is a fine of $200,000 and one year's imprisonment, and a further fine of up to $20,000 for each day that the offence continues.