Hong Kong’s top court ruled Monday that full sex reassignment surgery should not be a prerequisite for transgender people to have their gender changed on their official identity cards, in a move that is likely to have a far-reaching impact on the transgender community.
A transgender activist, Henry Edward Tse, and a person identified only as Q appealed to the court last month over the government’s refusal to change the genders on their ID cards because of their decision not to have full sex reassignment surgeries.
The judgment by the Court of Final Appeal is expected to have a wide impact on the LGBTQ community because many of its transgender members consider having the operation unnecessary and risky. 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.
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."
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