The Hong Kong government announced today a revision to the policy on applications to change the sex entry on people's Hong Kong identity cards, under which more transgender people in HK can now apply to change the gender marker on their ID card.
From now on, individuals who have not completed full sex reassignment surgery (SRS) may still apply to change the sex entry on their identity cards provided they satisfy certain revised criteria.
The change to the policy comes in view of the judgment handed down by the Court of Final Appeal in Q & Tse Henry Edward v Commissioner of Registration on February 6, 2023. The Government said it had completed a review of the policy following that ruling.
It said it had prudently considered the policy's objective, as well as relevant legal and medical advice, and drawn reference from relevant practices overseas.
Under the revised policy, if a person who has not completed full SRS is able to show evidence, by way of relevant medical proof and supporting documents, of having completed surgical treatment such as the removal of breasts or removal of the penis and testes, may make an application.
An applicant must make a statutory declaration to confirm he or she has, or had, gender dysphoria, has lived in the opposite sex throughout the period of at least two years ending on the date on which the application is made, and will continue to live in the opposite sex for the rest of his or her life.
Another condition is that an applicant must have been undergoing relevant hormonal treatment throughout the period of at least two years continuously before the date on which the application is made.
An applicant also must confirm that he or she will continue to undergo relevant hormonal treatment and submit blood test reports as requested by the Director of Immigration for random checking of his or her hormonal profile.
The Immigration Department will process applications that have been received but have yet to be processed in accordance with the revised policy, and will take the initiative to contact individual applicants for follow-up action.
The Government emphasised that the revision concerns the policy on changes to the sex entry on Hong Kong identity cards only, and that the sex entry on a Hong Kong identity card does not represent the holder's sex as a matter of law.
It added that the change does not affect any other government policies, or the handling of any other gender-related matters under the law, or relevant legal procedures.
Comment