The Court of Final Appeal last February unanimously sided with
appeals launched by transgender activists that barring
transgender people from changing their gender on their mandatory
ID cards unless they undergo full sex reassignment surgery
violates their rights.
The court ruling for activist Henry Tse and another appellant
identified as Q was hailed as a victory for transgender rights
in the Chinese-ruled city. Wednesday's announcement comes two
weeks after Tse launched a legal challenge over the delay in
allowing him to change his gender on his ID card.
Citing the February 2023 judgment, the government said in a
statement that if people had not completed the full sex
reassignment surgery but "satisfied the revised criteria and
requirements, they may apply for a change of sex entry on their
Hong Kong identity cards".
The revised requirements include the removal of breasts for
transgender men, and removal of penis and testes for transgender
women, which some activists say are too extreme. They must also
undergo continuous hormonal treatment for at least two years
before the gender change ID application is made.
Tse's legal representative, Wong Hiu Chong, said in a statement
that they welcomed the revised policy but they are "concerned
about the heavy emphasis on undergoing blood tests and
submission of blood reports on hormone levels".
"We do not see the justifications, but the contravention of
individuals’ rights, forcing them to take unnecessary medical
tests and their right to privacy," Wong said.
Zephyrus Tsang, a director at Quarks, an organization for
transgender youth, said the surgical requirements were "a
violation of the rights of physical integrity" of transgender
individuals.
Christine Chu, a legal and operation manager at Quarks and a
transgender woman, said that the new requirements were
particularly unfair for transgender woman, as asking them to
remove genitalia was "a forced sterilization".
Hong Kong, a former British colony, returned to Chinese rule in
1997. Transgender individuals in Chinese society are still
widely stigmatized, with crackdowns in recent years on LGBTQ
activism.
(Reporting by Jessie Pang and Dorothy Kam in Hong Kong;
Additional reporting by Laurie Chen in Beijing; Editing by Farah
Master and Nick Macfie)
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