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Following is a question by the Dr Hon Helena Wong and a reply by the Secretary for Development, Mr Paul Chan, in the Legislative Council today (November 7):
Question:
Long queues are often seen in female toilets in public places. In a paper submitted to the Legislative Council (LegCo) in February 2012, the authorities proposed to amend the relevant building regulations. The proposed amendments include enhancing the standard of provision of sanitary fitments, taking into account the assessed numbers of male and female users in different types of venues, and adopting a ratio of 1:1.5 (replacing the current ratio of 1:1) for assessing the numbers of male to female in the premises. On the other hand, it has been learnt that legislation was proposed in the United States Congress in 2010 demanding that the male-to-female (M/F) toilet compartment ratio be increased to 1:2, and Taiwan introduced in 2010 legislation requiring the M/F toilet compartment ratio in cinemas and bus stations not lower than 1:5. In addition, some members of the public have pointed out to me that toilets in public places also lack facilities which allow family members of different genders to take care of infants, the elderly and children in using toilets. Regarding toilets in public places, will the Government inform this Council:
(a) of the latest work progress of the aforesaid legislative amendments, and the expected time for submission of the amendment regulations to LegCo;
(b) given that, as mentioned above, the current M/F toilet compartment (including urinals) ratio in Hong Kong is lower than the ratios in other regions, coupled with the facts that women outnumber men in Hong Kong's population and that females usually use toilets for a longer time than males do, whether the authorities will consider further increasing the M/F toilet compartment ratio to not lower than 1:2; and
(c) whether the authorities will consider introducing legislation to improve the facilities in male and female toilets in public places, for example, installing handrails, coat hooks, skid-proof flooring, as well as facilities which will allow family members of different genders to take care of infants, the elderly and children in using toilets, so as to implement family-friendly policies; whether they will consider making reference to overseas examples and studying the provision of stand-alone unisex sanitary facilities, so as to facilitate those users who need to take care of family members of the opposite gender; if they will, of the details; if not, the reasons for that?
Reply:
President,
The Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations, Cap. 123I, (the Regulations) set out the minimum standards for the provision of sanitary fitments, plumbing and drainage works in private buildings. Under the Regulations, the provision of male and female sanitary fitments in private buildings is based on the assessed number of male and female users of the premises. For places of public entertainment and cinemas, the present Regulations prescribe, for the purpose of determining the provision of male and female sanitary fitments, a ratio of 1:1 for assessing the number of male to female in the premises. The Buildings Department (BD) has commissioned a consultant to carry out a comprehensive review of the Regulations and conducted field surveys on the use of sanitary facilities in various public places in Hong Kong. In view of public concerns on the inadequate provision of female sanitary fitments in public places, BD has, after taking into account the consultant's recommendations, promulgated the "Practice Note for Authorised Persons and Registered Structural Engineers" in May 2005. The Practice Note recommended to the building industry that for the purpose of assessing the number of male to female in shopping arcades, department stores, cinemas and places of public entertainment in new private developments, the male to female ratio should be raised from the statutory 1:1 to 1:1.25, thereby increasing the provision of water-closet fitments for female.
Between 2005 and 2008, BD conducted extensive consultation with the building industry and various stakeholders on the consultant's recommendations. Taking into account the views received and in response to some stakeholders' aspirations for increasing the provision of female sanitary facilities, BD further improved the proposal by further increasing the ratio to 1:1.5 for assessing the proportion of male to female users in shopping arcades/department stores, cinemas and places of public entertainment, thus increasing the provision of female toilets and providing greater convenience for female users in these public places.
In February 2012, we submitted a paper to the Legislative Council Panel on Development, outlining our proposal for an overhaul of the Regulations. The proposal covered a wide range of aspects, including not only a proposal for enhancing the standards for the provision of female sanitary fitments in public places, but also the repeal of obsolete provisions as well as the replacement of the existing prescriptive standards by performance-based requirements for the sake of keeping up with new and changing building technology. The oral question raised by Dr Hon Helena Wong today gives me an opportunity to report on the latest progress of our work.
My reply to the three-part question is as follows:
(a) At the meeting of the Legislative Council Panel on Development held on February 28, 2012, Members in general supported the Administration's proposal for increasing the provision of female sanitary fitments in public places. However, some Members expressed concern, particularly on whether the Administration's proposed increase in the ratio from the statutory 1:1 to 1:1.5 for assessing the number of male to female in shopping arcades, department stores, cinemas and places of public entertainment would result in gender discrimination against men. In accordance with the Panel's suggestion, we have already sought legal advice on the issue. I am pleased to report that, after careful examination of our proposed legislative amendments and the relevant justifications, the Department of Justice has advised that the proposed enhancement in the level of provision of female sanitary fitments in public places should not lead to less favourable treatment of men, and hence should not give rise to allegations of gender discrimination.
Since the legal issue has now been clarified, we are making preparations for amending the Regulations. Given the extensive scope and the complexity of the proposed amendments, it is expected that we need to take some time for drafting the Amendment Regulations. We will expedite the work and should aim at submitting the Amendment Regulations to the Legislative Council for vetting within the current legislative year.
Pending the introduction of the Amendment Regulations, BD is updating the "Practical Notes for Authorised Persons, Registered Structural Engineers and Registered Geotechnical Engineers" (Practical Note) along the lines of the legislative amendments, in order to promote early implementation of the enhanced standards for the provision of female sanitary fitments in public places. Apart from the enhancement of the standards of provision of female toilets, the Practical Note would also provide guidelines on the minimum space requirements for various sanitary facilities in public places. It would also advise the building industry to provide sanitary fitments suitable for use of children, as well as unisex toilets in the design of such premises. Since consultation with the building industry is near completion, BD aims to issue the revised Practical Note within this month for early adoption of the recommendations by the building industry before implementation of the Amendment Regulations.
(b) Under the Regulations, the provision of male and female sanitary fitments in private buildings is based on the assessed number of male and female users of the premises. In drawing up the proposed increase in the male to female ratio from the statutory 1:1 to 1:1.5, we have completed a comprehensive review on the findings of empirical surveys of the provision of sanitary fitments in various premises, the level of usage, queuing time, usage time and level of user satisfaction. In parallel, we have studied the projected gender ratio of the population published by the Census and Statistics Department and the standards adopted in overseas countries. We have also consulted various stakeholders, including the building industry and women organisations.
Under the new proposal, the provision of female toilets in shopping arcades/department stores, cinemas and places of public entertainment will, on average, increase by about 60%, 160% and 185% respectively. According to the consultancy study commissioned by BD, the increase would reduce the waiting time to an average of about one and a half minutes for female toilet users.
(c) As mentioned above, the Regulations set out the minimum standards for provision of sanitary fitments, plumbing and drainage works in private buildings. As regards the other facilities mentioned in the question, such as handrails, coat hooks, skid-proof flooring, as well as facilities which will allow family members of different genders to take care of infants, the elderly and children in using toilets, since these facilities are not directly related to hygiene aspect of buildings, under present circumstances, we consider it more appropriate for the building industry to provide such facilities having regard to the design and requirements of individual premises. However, if in future the community considers it necessary to enact legislation to set out the minimum standards, or provide specific guidelines for the building industry, we will keep an open mind and will explore the issues further.
On the suggestion of introducing unisex toilets, BD's consultancy report specifically pointed out that prior to introducing legislation on provision of such facilities, more in-depth study and research would be required, including consideration of the impact on the sanitary conditions and maintenance of toilets, property management and cultural differences, etc. Hence, the suggestion will not be incorporated in the proposed amendments to the Regulations at this stage. Nonetheless, as indicated in the first part of my reply, BD would revise the Practice Note and encourage the building industry to provide unisex sanitary facilities in the designs, in order to provide greater convenience for parents to take care of their children of different genders, or adult users to take care of family members of different genders, in using sanitary facilities.
Ends/Wednesday, November 7, 2012
Issued at HKT 14:58
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