My Take | When rights are restricted they must also be protected
- At a time of concerns about protection of rights in the city, a landmark case will give insight into the legal boundaries concerning the transgender community
A landmark legal challenge to the government’s policy of only allowing people to change the gender recorded on their identity cards if they have undergone sex-reassignment surgery is to be heard by Hong Kong’s top court.
The case is a timely reminder that administrative practices and laws that restrict human rights are subject to judicial scrutiny and must meet certain standards. Such principles apply not only to transgender rights but to all human rights protected by the city’s mini-constitution, the Basic Law.
It is important that these principles are understood and applied, especially at a time of controversy and uncertainty over the impact of the national security law and new political landscape.
Hong Kong officials often remind us that human rights can be restricted. But this does not mean unlimited restrictions can be imposed. There are well-established rules governing how far such curbs can go.