HONG KONG — A Hong Kong court on Wednesday ruled that parts of a city ordinance prohibiting individuals from entering public toilets that do not match the gender on their identification documents are unconstitutional.
The ruling came after two transgender men, Henry Edward Tse and another identified only as “K,” filed legal challenges against provisions under the Summary Offences Ordinance. Both petitioners argued that the law criminalized their use of male public restrooms, despite medical advice to do so as part of their treatment for gender dysphoria.
The law allowed authorities to impose fines of up to HK$2,000 (approximately US$255) on individuals who used public toilets not corresponding to the gender on their Hong Kong identity cards. Tse and “K” stated that their identity cards still listed them as female, though they identified and lived as male.
The High Court found that the ordinance disproportionately affected transgender individuals and did not consider their specific circumstances. The court declared the relevant parts of the law unconstitutional as applied to the petitioners.
Tse previously won a separate legal challenge in 2023, when Hong Kong’s top court ordered the government to revise its policy that required full sex reassignment surgery before allowing a legal change of gender on ID cards.
The court directed the government to review and amend the current provisions to align with constitutional protections.