After ‘painful’ wait since landmark ruling, Hong Kong revises policy on changing gender marker on ID card
Hong Kong Free Press
Transgender individuals in Hong Kong who have not completed full sex reassignment surgery may now apply to change the gender marker on their identity card, the government has announced, more than a year after a landmark ruling by the city’s top court.
The government on Wednesday said it had expanded the scope of eligibility for an individual to apply for amending the gender marker on their Hong Kong identity card. The amendment application was previously restricted to people who had undergone full sex reassignment surgery, but the Court of Final Appeal ruled in February last year that such a requirement was unconstitutional.
According to the revised policy, individuals may apply to change the gender marker if they have completed surgical treatment for the purpose of modifying sexual characteristics. For those changing from female to male, they are required to have completed the removal of breasts, while those transforming from male to female need to have their penis and testes removed to be eligible for the application.
The government also accepts applications from those who make a statutory declaration to confirm that they have gender dysphoria, or if they have lived in the the opposite sex for at least two years before they apply, and vow to continue to live in the opposite sex for the rest of their lives.
Individuals who have been undergoing hormonal treatment continuously for at least two years may apply as well, and they must declare that they will carry on with the treatment. They may be asked to submit blood test reports at the request of the commissioner of registration – a position held by the immigration chief – for random checking of their hormonal profile, the government said.
“[T]he revision concerns the policy on change of sex entry of Hong Kong identity card only, and that the sex entry on a Hong Kong identity card does not represent the holder’s sex as a matter of law. It does not affect any other policies of the government or the handling of any other gender-related matters under the law in Hong Kong or relevant legal procedures,” the statement read.
The policy revision came two weeks after transgender activist Henry Tse launched a legal challenge against the government’s delay in issuing him an identity card matching his gender, despite securing a win at the top court last year.
According to the bid, Tse said he had applied for the gender marker on his identity card to be amended to male last February. But the authorities had rejected his application, saying it could not be processed until the government had reviewed its policy based on the court ruling.
The government said on Wednesday that the review took into account the objective of the gender marker policy, relevant legal and medical advice, and drew reference from overseas practices.
The Immigration Department will process the received applications that were held up and contact individual applicants for follow-up, the government added.
In a statement released on Wednesday, Tse’s legal representative Wong Hiu-chong said her client and other people in the transgender community had “waited a very long time for such an unconstitutional policy to be revised.” The wait had been “painful,” the lawyer from Patricia Ho & Associates said.
“It remains regrettable that immense time and costs had to be spent before they could see their rights implemented,” the statement read.
Although the government announced the policy revision, it did not explain the delay for reviewing the policy, Wong said. The lawyer also raised concerns over the random blood test requirement.
“We do not see the justifications but the contravention of individuals’ rights by forcing them to take unnecessary medical tests and their right to privacy under Article 14 of the Bill of Rights,” she said.
Support HKFP | Policies & Ethics | Error/typo? | Contact Us | Newsletter | Transparency & Annual Report | Apps
Help safeguard press freedom & keep HKFP free for all readers by supporting our team
HKFP has an impartial stance, transparent funding, and balanced coverage guided by an Ethics Code and Corrections Policy.
Support press freedom & help us surpass 1,000 monthly Patrons: 100% independent, governed by an ethics code & not-for-profit.