Editorial | Transgender issues must be faced now
- The dilemma of two transgender people seeking the right to have their acquired male gender entered on identity cards reflects how Hong Kong is behind much of the world
A ruling by the top court in 2013 raised hopes of fairer laws governing the status of transgender people in Hong Kong. The Court of Final Appeal ruled in favour of a transsexual who had been barred from marrying her boyfriend.
But it also highlighted broader problems faced by the transgender community and invited the government to resolve them. The court suggested legislation, with reference to the practice overseas, was preferable.
In response, an interdepartmental working group was set up in 2014. A public consultation took place three years later, but the report has still not been issued.
Meanwhile, members of the transgender community continue to face distress and discrimination.
The applicants, who have had other treatments, do not want or need the surgery, which can be complex, painful and risky. This means their identity cards show them to be female, although they live their lives as men.
They face embarrassment and discomfort when they have to show their cards. The court said it was “profoundly conscious” of the hardship they faced. But the judges found that the government’s policy was lawful because of the need to have a clear and consistent policy.
