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LGBTQ
Hong KongLaw and Crime

‘Legitimate’ to make transgender people get full sex reassignment to amend Hong Kong ID, court hears

Government lawyer refutes claim the requirement is inhuman or degrading

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The High Court of the Hong Kong located in Admiralty; consists of the Court of Appeal and the Court of First Instance. it deals with criminal and civil cases which have risen beyond the lower courts. Photo: Fung Chang
Raquel Carvalho

Complete sex reassignment surgery is a “legitimate and sometimes necessary medical treatment”, the Hong Kong government argued in court on Wednesday, rejecting claims that requiring transgender people to undergo it before amending their local identity cards was cruel, inhuman or degrading.

“It’s a legitimate medical treatment practised by doctors around the world, including in the public health system in Hong Kong,” said Stewart K M Wong SC, for the government.

“It cannot be described as inhuman or degrading. That would require a level of severity.”

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Three transgender men are challenging the government’s requirement that they undergo a full sex change before their local identity cards are amended to state they are male. They are seeking a judicial review over the Commissioner of Registration’s prerequisite on the grounds that it infringes their rights not to be subjected to inhuman or degrading treatment, as well as their rights to privacy. The three also said it constituted indirect discrimination under the Sex Discrimination Ordinance.
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Wong, for the government, argued that a “fair number of European countries” still imposed a similar requirement.

It’s a legitimate medical treatment practised by doctors around the world
Stewart Wong SC, for the government

The senior counsel tried to refute the argument that transgender people were being coerced into surgery they did not want.

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“It has always been with their full informed consent,” he said, adding they had a range of options.

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