Latest news with #JudgeRussellColeman
Yahoo
6 days ago
- Politics
- Yahoo
Hong Kong court backs transgender person's right to use toilets that match chosen gender identity
By Jessie Pang HONG KONG (Reuters) -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 Hong Kong government did not immediately respond. "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 (Conduct and Behaviour) Regulations to allow individuals undergoing Real Life Experience (RLE) treatment under medical supervision to use public toilets that align with their gender identity. This is the latest ruling from the city's judiciary in recent years that recognises the rights of transgender people. The city's Court of Final Appeal in February 2023 unanimously sided with appeals launched by transgender activists that barred transgender people from changing their gender on their mandatory ID cards unless they undergo full sex reassignment surgery, saying it violated their rights. The Hong Kong government last April revised the policy and allowed transgender people who have not completed full sex reassignment surgery to change gender on their ID cards.
Associated Press
6 days ago
- Politics
- Associated Press
Hong Kong judge rules in favor of transgender bathroom access
HONG KONG (AP) — A Hong Kong judge on Wednesday ruled to strike down regulations criminalizing the use of bathrooms designated for the opposite sex, ruling in favor of transgender individuals' rights to access public toilets matching their identity. Judge Russell Coleman approved the judicial review of K, who was born a woman and identifies as a man, saying the regulations contravene an article of the city's mini-constitution that stipulates all residents should be equal before the law. But he suspended the declaration to strike down the regulations for a year to allow the government 'to consider whether it wishes to implement a way to deal with the contravention.' He said in the judgement that the regulations and 'drawing the line of a person's biological sex at birth create a disproportionate and unnecessary intrusion into the privacy and equality rights.' The ruling marks another step forward in recognizing the rights of LGBTQ+ people in the Chinese financial hub. In recent years, the government has revised policies following activists' wins in legal challenges. Currently, only children under 5 years old accompanied by an opposite sex adult can enter a public washroom designated for the opposite sex. Those violating the rule face a fine of up to 2,000 Hong Kong dollars (about $255). K launched a legal challenge in 2022, seeking to expand the exemption to pre-operative transgender people who have been diagnosed with gender dysphoria and have a medical need to undergo the process of living in their identified gender. He argued that his constitutional rights were infringed by the prohibition against him using public toilets allocated for men, the court heard. In 2023, Hong Kong's top court ruled that full sex reassignment surgery should not be a prerequisite for transgender people to have their gender changed on their official identity cards. The next year, the government revised its policy to allow people who have not completed full gender-affirmation surgery to change their genders on ID cards as long as they fulfill certain conditions. The conditions include the removal of breasts for transgender men, the removal of the penis and testes for transgender women, and having undergone continuous hormonal treatment for at least two years before applying. Applicants also have to continue their hormonal treatment and submit blood test reports for random checks upon the government's request. In April, activist Henry Tse, who won the legal battle in 2023 and received his new ID card reflecting his gender change last year, lodged a fresh legal challenge over the new requirements.
