A Landmark Ruling on Transgender Rights in Hong Kong

(Henry Edward Tse, standing outside the Court of Final Appeal)

On the 6th of February, Hong Kong’s top court ruled that it would be a violation of transgender people’s rights to require having gone through full sex reassignment surgery to use their preferred gender on identity cards. Following this, many LGBTQ+ activists hope this landmark ruling will create a ripple effect across the rest of Asia, with countries like China, Singapore, South Korea, and Japan still requiring a surgical transition.

Previously, the requirements were only exempt from those who could not undergo surgery for medical reasons, leaving those who chose not to do so for other reasons (not finding it necessary, unable to attain it safely, and so on) left to being misgendered on their ID cards. This could have placed ‘unnecessary pressure’ onto individuals to receive surgery, or cause unwanted attention drawn towards their identity.

Transgender activist Henry Edward Tse and a person who identified as ‘Q’ brought these policies to the attention of the court last month, after they were both denied the ability to change their gender markers because of their decisions to not go through full reassignment surgery. Initially the Court of First Instance and the Court of Appeal dismissed the issues brought forward by the pair, but were allowed a final shot in the Court of Final Appeal.

In the final judgment, the court made a public statement saying the government's policy was unconstitutional and imposed an “unacceptably harsh burden” on those who chose not to undergo surgery. Adding it would impose the rights of the pair to their own gender identity and physical integrity. 

After the ruling, Tse said many transgender people have been longing for this “final victory” for years. “Now I have a male ID card, it will be a lot easier for me to access gender-segregated spaces,” said Tse. “I wouldn’t be questioned and humiliated by being outed by my ID that’s incongruent to who I am.”

References

• https://abcnews.go.com/amp/Politics/wireStory/hong-kong-transgender-men-win-appeal-status-change-96916788

• https://hongkongfp.com/2023/02/06/hong-kong-trans-men-win-appeal-against-govt-id-card-amendment-policy-in-landmark-ruling/

• https://www.scmp.com/week-asia/lifestyle-culture/article/3210600/hong-kongs-landmark-transgender-ruling-will-rest-asia-now-follow-suit