HONG KONG – Hong Kong’s top court on Monday ruled that a full gender reassignment should not be a requirement for transgender people to have their gender changed on their official ID cards, a move likely to have far-reaching implications for the transgender community.
A transgender activist, Henry Edward Tse, and an individual identified only as Q appealed to the court last month over the government’s refusal to change the genders on their ID cards because they chose not to have full sex reassignment surgeries .
Tse and Q are both transgender men who have had their breasts removed, received hormonal treatments and lived their lives as men with professional support and guidance and psychiatric treatment.
The Court of Final Appeal’s ruling is expected to have far-reaching implications for the LGBTQ community, as many of its transgender members find the surgery unnecessary and risky.
The two went to court because existing government policy only allows transgender men to change their official gender if they have their uterus and ovaries removed and male genitalia constructed. Only those who cannot undergo the surgical procedures for medical reasons can be exempted.
Both the Court of First Instance and the Court of Appeal dismissed the judicial review proceedings brought by Tse and Q. The two were allowed to go before the final appeals court.
In a ruling released on Monday, the court said the government’s policy was unconstitutional and imposed an “unacceptably harsh burden”. They also said the directive was “disproportionate” in its interference with the couple’s rights to gender identity and physical integrity.
The judges also said that any administrative issues that typically arise relate to a transgender person’s physical appearance rather than the appearance of their genital area, and that there is greater confusion or embarrassment when the gender on their identity card remains unchanged remains.
Tse welcomed the verdict, saying many transgender people have been yearning for “final victory” for years.
“Now I have a male ID card, it will be much easier for me to enter single-sex rooms,” he said. “I would not be questioned and humiliated if I was outed from an ID card that doesn’t suit me.”
Liam Mak, co-founder and chairman of local transgender youth organization Quarks, called the win an “important milestone” for Hong Kong’s transgender community.
“We believe that one’s gender identity should not be tied to medical intervention, we should ensure that minimal to no medical intervention is included in the policy,” Mak said. “Given that each individual has different preferences or choices in their own gender reassignment journey, I hope the government will refer to the Court’s advice to protect the rights of all transgender people.”
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Associated Press journalist Alice Fung contributed to this report.
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