The Government is carefully studying the judgment handed down by the Court of First Instance on the judicial review concerning the provisions on segregation of the sexes under the Public Conveniences (Conduct & Behaviour) Regulation, and is seeking legal advice and considering lodging an appeal.

The Environment & Ecology Bureau made the statement today, noting that members of the public must continue to use public toilets according to the principle of segregation of the sexes to avoid contravening the relevant laws.

In the judicial review, the Court of First Instance ordered that provisions related to segregation of the sexes under the aforesaid 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 Food & Environmental Hygiene Department’s public toilets.

The bureau said the establishment of sex-segregated public toilets under the regulation aims to protect the privacy and safety of the public when using public toilets and to reflect social norms and expectations, an arrangement that has been widely accepted by society.

Currently, public toilets under the department’s purview are categorised into sex-segregated public toilets and gender neutral public toilets.

Sex-segregated toilets follow the segregation of the sexes under the regulation. Concurrently, gender-neutral toilets are available near about half of the number of sex-segregated toilets. They include "Accessible Toilets" and "Unisex Toilets", available for use by all members of the public including transgender individuals.