Hong Kong's top court rules surgery not needed to register gender change

The two went to court because existing government policy only allows transgender men to change their official gender if they have removed their uteruses and ovaries and constructed male genitalia. Only those who cannot undergo the surgical procedures due to medical reasons can be exempted.Article content

Both the Court of First Instance and the Court of Appeal dismissed judicial review proceedings brought by Tse and Q. The two were allowed to go to the Court of Final Appeal..In a judgment made public Monday, the court said the government’s policy was unconstitutional and imposed an “unacceptably harsh burden.” They also said that the policy was “disproportionate” in its encroachment upon the rights of the two to gender identity and physical integrity.

The judges also said any administrative issues that usually arise tend to pertain to a transgender person’s outward appearance and not the appearance of their genital area, and that leaving the gender on their identity card unamended “produced greater confusion or embarrassment.” Tse welcomed the ruling, saying many transgender people have been longing for a “final victory” for years.

“Now I have a male ID card, it will be a lot easier for me to access gender-segregated spaces,” he said. “I wouldn’t be questioned and humiliated by being outed by my ID that’s incongruent to who I am.”

Source: Law Daily Report (lawdailyreport.net)

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