Editorial | Transgender ruling by top court one big step in right direction

A ruling by Hong Kong’s top court in favour of two transgender people is a step forward in ensuring members of that community can live their lives free from discrimination. The court declared a government policy requiring anyone wishing to change the gender on their identity card to have had full “sex reassignment surgery” to be unlawful. Officials must now establish a new, less rigid, approach.

Both applicants were born female but, from an early age, identified as male. As a result, they suffered gender dysphoria, a medical condition causing them much distress and discomfort. Both took the long and difficult path to make the transition to the male gender.

This involved changing their appearance through hormone treatment and removal of their breasts. They have lived as men for years. But full surgery was neither wanted nor needed as the procedure carries risks and may be painful.

The court heard the two men suffered discrimination, humiliation, violation of their dignity and invasion of their privacy when they needed to show their identity cards, which still described them as female. But the commissioner of registration refused to amend their gender because they had not had the required operation.

Officials argued the policy was needed because surgery was the only workable, objective and verifiable criterion for a gender change. This was, understandably, dismissed by the court. Many parts of the world have adopted criteria that do not require full surgery.

New guidelines must now be put in place quickly and in accordance with the judgment. Applicants with sufficient evidence that they have undergone gender transition should be permitted to have their identity cards amended. But more needs to be done. A full review of issues relating to gender recognition and the passing of relevant legislation is long overdue.