The Hong Kong government made changes to its policy concerning sex entry on ID cards, allowing individuals who have undergone partial sex reassignment surgery to apply for a change in the gender marker on their identity cards. Previously, the government had required individuals to complete full sex reassignment surgery to make this change. This amendment is significant for transgender individuals who may not have completed or wish to undergo full sex reassignment surgery.
Under the revised policy, an individual can apply for an amendment if they have completed certain surgical treatments such as the removal of breasts or the removal of the penis and testes. In addition to confirming a diagnosis of gender dysphoria, the individual must also make a statutory declaration that they have lived in the sex opposite their birth sex for at least two years and will continue to do so for the remainder of their lives. Furthermore, the individual must have received hormonal treatment for two years prior to the application and must agree to continue hormonal treatment and submit blood test reports when required by the Director of Immigration.
It’s crucial to note that the change to the gender marker on Hong Kong ID cards does not represent the holder’s legal sex. It does not affect other government policies or the handling of other gender-related matters under the law. This revision comes after a ruling by the Hong Kong Court of Final Appeal in 2023 that determined the requirement for full sex reassignment surgery before changing gender marker on ID cards was unconstitutional.
The court found that requiring transgender individuals to undergo the most invasive surgery in a range of treatments for gender dysphoria may be medically unnecessary, hence the government was directed to provide a compelling reason to maintain the status quo. International human rights experts agree with this view. The Yogyakarta Principles established in 2006 argue that individual self-defined sexual orientation and gender identity is integral to personality and one of the most basic aspects of self-determination, dignity and freedom. Principle 3 discourages legal recognition of people’s gender identity based on medical procedures.
In the international scene, requirements for legal gender recognition vary. While South American nations such as Argentina, Brazil, Uruguay, Colombia and Ecuador provide legal gender recognition by self-determination, Hong Kong’s revised policy appears closer to the UK Gender Recognition Act 2004 in terms of the requirement for certain surgical treatments.
These amendments signify an evolving legal landscape in relation to the rights of transgender individuals. As societies become more understanding and accepting of the realities and nuances of gender identity, legal systems are increasingly reflecting this progression and striving for greater inclusivity.