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HONG KONG — 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.