Hong Kong — Hong Kong’s top court ruled on Monday that the policy of barring transgender people from changing their gender shown on ID cards unless they undergo full sex reassignment surgery violates their rights and is unconstitutional.
“The policy’s consequence is to place persons like the appellants in the dilemma of having to choose whether to suffer regular violations of their privacy rights or to undergo highly invasive and medically unnecessary surgery, infringing their right to bodily integrity,” the judges wrote in their judgment.
Both Tse and Q underwent lengthy medical and surgical treatments, including hormonal treatment and removal of breasts, but the registrar still required them to conduct a full sex reassignment surgery, which the pair argued was unnecessary, unwanted and highly invasive. “Today’s result is delayed justice, a Pyrrhic victory. This very case should never have happened,” Tse said in a statement.
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