Empathetic follow-up needed on transgender identity card decision
- The new criteria for changing the gender on ID cards is a step forward for the transgender community. But the government should be open to feedback and engagement on whether the requirements are still too strict
It took years for two transgender people to win a landmark court victory and more than a year since for the government to finally enforce it.
The pair can now apply to the commissioner for registration for a gender change on their Hong Kong identity cards without having full sex-reassignment surgery, after the Court of Final Appeal ruled in February last year that the requirement is unlawful.
The change is welcome, if overdue. But it may still leave room for further improvement.
While the revised criteria no longer includes full sex-reassignment surgery, it remains a concern to some that applicants must still have completed certain surgical procedures to modify their sexual characteristics, along with presenting the relevant medical proof and supporting psychological documentation.
The question is whether the requirements are still too strict and leave the authorities without enough flexibility in applying them. In that regard they should be open to feedback, including the take-up rate, and engage with the LGBTQ community to see if there is a need to adapt the requirements over time.
The government said it finally changed the criteria after “prudently considering the objective of the policy, relevant legal and medical advice, as well as drawing reference from the relevant practices overseas”.