Hong Kong Transgender Activist Receives New Identity Card After Seven-Year Legal Battle

(CTN News) – Hong Kong transgender advocate Henry Tse recently received a fresh identity card, marking a significant milestone after a grueling legal battle spanning seven years against the city’s administration to update the gender marker.

Tse’s persistence culminated in success as he emerged victorious in what he described as “incredibly difficult” lawsuits.

Amid jubilant scenes outside Immigration Tower in Wan Chai on Monday morning, Tse celebrated the issuance of his new ID card by the Immigration Department.

As the head of Transgender Equality Hong Kong, he labeled this event a “historic moment,” emphasizing its profound importance to both himself and his supporters.

“This new identification document holds immense significance,” Tse remarked in a statement delivered in English.

“I’ve finally attained an HKID card that aligns with my male identity,” he continued, expressing relief at the resolution of the daily humiliations and challenges stemming from possessing an incorrect ID.

“What is commonplace for many individuals has now become our new normal,” he added.

Legal Victory: Overturning Gender Marker Requirement

In 2017, Tse initiated a legal challenge against the stipulation mandating full Sex Reassignment Surgery (SRS) for individuals seeking to modify the gender marker on their identity card.

Despite an initial setback in the High Court in 2018, Tse, alongside another transgender man known as “Q,” appealed the decision to the Court of Appeal.

However, their efforts were thwarted once more when the appeal court affirmed the government policy in January 2022. Undeterred, Tse and Q elevated the case to the Court of Final Appeal, where they achieved a groundbreaking triumph in February of the following year.

Led by Chief Justice Andrew Cheung, a panel of judges ruled that the requirement for full SRS was unconstitutional, marking a significant victory for Tse and Q. Reflecting on the arduous legal journey, Tse remarked on Monday, “This judicial marathon has been incredibly difficult.”

Hong Kong New Policy

Hong Kong Government Expands Gender Marker Amendment Eligibility Criteria

Earlier this month, the Hong Kong government unveiled a new policy aimed at broadening the criteria for individuals seeking to amend the gender marker on their Hong Kong identity card.

Under the updated policy, individuals who have not undergone full Sex Reassignment Surgery (SRS) may now apply for a gender marker change if they have undergone surgical treatment specifically for modifying sexual characteristics.

Applicants must fulfill several requirements, including confirming their diagnosis of gender dysphoria, having lived as the opposite sex for a minimum of two years with a commitment to continue doing so permanently, and undergoing continuous hormonal treatment for at least two years with a pledge to continue.

Additionally, applicants may be required to provide blood test reports, if requested by the commissioner of registration (the immigration chief), for random checks of their hormonal profile.

While the LGBTQ community largely welcomed the policy revision, concerns have been raised regarding the potential infringement of individual rights due to the requirement for “unnecessary medical tests.”

Tse Pursues Judicial Review Amidst Government Policy Revision

Prior to the government’s announcement of its policy revision, Tse had initiated a judicial review challenging the government’s delay in issuing him an identity card reflecting his gender, more than a year following the landmark ruling.

Confirming on Monday, the activist affirmed that the judicial review, filed last month, would proceed through the judicial process. Tse seeks redress from the government for what he perceives as an “unreasonable delay” in addressing his case.

Judicial reviews, adjudicated by the Court of First Instance, scrutinize the decision-making processes of administrative bodies. They must demonstrate implications for the broader public interest to be considered for review.