Government to seek legal advice for follow-up actions after Court of Final Appeal allowed registration of gender change without surgery

Henry Tse, Source: BBC

7th February 2023 – (Hong Kong) Two transgender persons including Henry Tse who has not completed the female-to-male transgender operation applied to the Immigration Department to change the gender on their ID cards but they were rejected. They then filed for judicial review. The two appealed to the Court of Final Appeal last year, and the case was unanimously ruled in their favour yesterday (6th).

The Hong Kong government stated today (7th) that it respects the judgment of the Court of Final Appeal, is carefully studying the judgment of the court, and will seek legal advice for follow-up actions. The Court of Final Judgment stated that the current policy that requires transgender transgender persons to undergo complete gender reassignment surgery as a criterion for changing the gender marker of the Hong Kong ID card violates the rights to gender identity and physical integrity under Article 14 of the Hong Kong Bill of Rights rights, it is therefore unconstitutional.