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Letters | Hong Kong’s court ruling on transgender rights an important victory, but full legislation still needed
- Readers discuss the need for a law in Hong Kong recognising a person’s affirmed gender, and the importance of incorporating diversity, equity and inclusion into the curriculum for business leaders
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The Court of Final Appeal this week handed down its ruling on the rights of transgender people in the case of Q and Henry Edward Tse v Commissioner of Registration. The court held that it was a breach of the right to privacy for the government to require transgender people to undergo full sex reassignment surgery before their new gender is recognised on their identity cards.
This ruling is a vital step towards the legal protection of transgender people. It sends a clear message to the government that it should put an end to the encroachment on transgender people’s rights.
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The decision is not the first regarding transgender rights in Hong Kong. In 2013, the Court of Final Appeal in W v Registrar of Marriages decided that denying a post-operative transsexual person the right to marry in their affirmed gender was unconstitutional.
In that case, the court called for a comprehensive review of the relevant legislation concerning the problems facing transsexual people.
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However, almost a decade later, we are still awaiting reform. Although there has been a public consultation on the issues surrounding legal gender recognition, there has been no follow-up.
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