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Hong KongLaw and Crime

Fear of transgender Hong Kong man forces legal challenge

Court writ filed over ‘coercive’ policy as worry over health risks rules out required reassignment surgery

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Henry Edward Tse, a female-to-male transsexual, decided not to undergo sex reassignment ­surgery. Photo: TNS
Chris Lau

A transgender man has lodged a judicial review against a “coercive” policy by the commissioner of registration for not recognising his adopted gender before a full body change, even though his ­status was registered in Britain.

According to the court writ, Henry Edward Tse, a female-to-male transsexual, decided not to undergo sex reassignment ­surgery as he feared this would damage his health.

As a result, the commissioner refused his application, saying there was no reason to depart from the Registration of Persons Regulations, which required the removal of Tse’s uterus and ovaries, and construction of a penis.

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The writ filed on Monday said the policy amounted to degrading treatment and interference with his privacy, breaching the Hong Kong Bill of Rights. It also accused the commissioner of ­indirect sex discrimination.

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Tse, born in 1991, is a Hong Kong permanent resident and identity card holder, who also holds a British passport, issued in November 2012, which describes him as male.

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