ILGA Asia applauds Hong Kong court’s ruling on legal gender recognition and calls for immediate implementation
18 March 2023
ILGA Asia applauds the Court of Final Appeal in Hong Kong for its ruling on 6 February that mandatory “full sex reassignment surgery” for transgender men seeking to change their legal gender marker on national ID cards is unconstitutional for being a violation of the right to privacy protected under the Bill of Rights.[1]
We wish to congratulate Henry Tse and his co-appellant, who successfully brought this case against the Hong Kong Commissioner of Registration. The Commissioner’s office refused to process their applications to change gender markers on their Hong Kong IDs (HKID) on the basis of published guidelines stipulating “full sex reassignment surgery” (SRS) as a prerequisite for HKID gender marker changes.[2]
While we commend the Court’s ruling, we urge the Commissioner of Registration’s office to announce a clear timeline for the implementation of an inclusive policy that ensures trans persons are able to change their gender markers on their HKIDs. ILGA Asia is committed to supporting organizations in Hong Kong, including Henry’s organization Transgender Equality Hong Kong (TEHK), to achieve this:
“Many trans folk in Hong Kong, especially my friends who are trans men, have been longing for this victory for years. But this victory is only a staged victory, and we are still far away from trans equality, especially when the new policy has yet to be implemented. I will continue to work hard to plant the seeds for the transgender rights movement with my partners at TEHK.
–Henry Tse, Co-Founder, TEHK
ILGA Asia condemns any policy that prescribes surgical or otherwise unnecessary medical interventions for trans persons seeking legal affirmation of their gender identity. Such policies and practices are unacceptable and rooted in transphobia. We urge governments across Asia to repeal and eliminate such discriminatory laws, policies, and social practices, and ensure the human rights of trans persons are unconditionally protected and fulfilled.
Henry Koh
Executive Director
ILGA Asia
[1] Graeme Reid. “Hong Kong Court Rejects Compulsory Surgery for Trans Men.” (Human Rights Watch, 2023). https://www.hrw.org/news/2023/02/13/hong-kong-court-rejects-compulsory-surgery-trans-men
[2]“In the Court of Final Appeal of the Hong Kong Special Administrative Region: Final Appeal No.8 of 2022 (Civil)” https://legalref.judiciary.hk/lrs/common/ju/ju_body.jsp?DIS=150362&AH=&QS=&FN=&currpage=#_ftn4
