London Daily

Focus on the big picture.
Wednesday, Jun 17, 2026

2 transgender men in court fight over changing sex on Hong Kong ID cards

2 transgender men in court fight over changing sex on Hong Kong ID cards

They had their breasts removed, received hormonal treatment and live as men, but the government requires they undergo full sex reassignment surgery to have the sex on their ID cards changed.

A person does not have to undergo complete sex reassignment surgery to be considered as having changed into a man or woman, lawyers for two transgender men have told Hong Kong’s High Court.

The court began hearing their appeal on Monday against a ruling that backed a government policy on how a person’s sex can be switched on identification cards. They argue the official requirement that a full sex change is needed is unethical and degrading.

But the counsel for the Commissioner of Registration countered that Mr Justice Thomas Au Hing-cheung was right in finding the requirement was “the only workable model” that was “fair to everyone and the public interest” when officers decide on applications seeking to make the change.

Henry Edward Tse protests the High Court’s decision to refuse a judicial review over the policy in February 2019.


Au dismissed applications for a judicial review from Henry Edward Tse and a person identified only as Q in 2019 after they were unable to switch the designation from female to male. This was despite having their breasts removed, receiving hormonal treatment and living as men, although they have both retained their uteruses and ovaries and decided against undergoing surgery to construct genitals of the opposite sex.

Dinah Rose QC, for the appellants, said the courts and human rights bodies around the world had concluded making full surgery a precondition for recognition of a sex change was contrary to human rights.

“There is only one exception and that is the decision of Mr Justice Au, which is the subject of this appeal,” she said via videoconferencing from Britain. “That is a remarkable state of affairs.”

No factual basis existed to suggest Hong Kong’s situation was materially different from that of other jurisdictions, which had introduced other models of recognising the change, including the United States and Britain, Rose said.

She also noted the commissioner already recognised there were cases when the applicant was not required to complete the operation if he or she could not undergo the procedures for medical reasons.

Rose conceded her clients could undergo the surgery but argued it was unethical to require they do so after they had managed to deal with the distress that could arise from the incongruence between one’s expressed and assigned sex.

“It is inherently degrading to require people to go through surgery they have no medical need for,” she continued.

Rose added that female-to-male surgeries were significantly more complicated than the other way round, with a higher risk of failure, which explained why some transgender people avoid the procedure.

The appellants have maintained the requirement was an unjustified breach of Article 3 and 14 of the Hong Kong Bill of Rights, which protect a person from cruel, inhuman or degrading treatment, and the right to privacy, respectively.

They are seeking a court declaration the administrative policy was unconstitutional, which would pave the way for the commissioner to revise it.

Rose said the purpose of the identity card was to identify an individual, which in many daily situations had nothing to do with that person’s sex – but every one of those interactions exposed her clients to abuse and discrimination.

She suggested the commissioner could modify the policy by broadening the exception to include those who did not have a medical need for surgery or eliminating the requirement altogether.

Mr Justice Jeremy Poon Shiu-chor, the chief judge of the High Court, asked whether the government’s work in the Interdepartmental Working Group on Gender Recognition would affect the court’s analysis.

But Rose observed that nothing had happened in the four years since the group published a consultation paper on issues concerning recognition of a changed sex in 2017.

“It’s extremely unfortunate that having set up the [Interdepartmental Working Group], the process appears to have run into the sand,” she said. “There is no alternative but for the court to grapple with the problem because the problem is an urgent and continuous breach of fundamental rights.”

Monica Carss-Frisk QC, for the commissioner, countered that the group was preparing a report based on the analysis of the 18,800 responses received.

The government reply continues on Tuesday.

Newsletter

Related Articles

0:00
0:00
Close
Government Advances New Airport Slot Rules to Ease Airline Operating Constraints
BBC Opens Flagship Science-Fiction Franchise to Competitive Production Bids
Chancellor Meets City Leaders Amid Concerns Over Gilt Market Liquidity
Rathbones Shares Fall Seventeen Percent After Regulatory Review Reveals Compliance Failings
United Kingdom Joins Group of Seven Initiative Using Artificial Intelligence and Quantum Computing for Cancer Research
Parliament Debates Doubling Tax Allowance for Pensioners After Major Public Petition
Measles Cases Exceed Seven Hundred in London and the West Midlands
British Military Leadership Faces Parliamentary Scrutiny After Defence Secretary's Sudden Resignation
House of Lords Begins Debate on Steel Industry Nationalisation Legislation
Parliament Advances Bill to Abolish NHS England and Create Single Patient Records
Parliament Fast-Tracks National Security Bill to Expand Powers Against Foreign Threats
United Kingdom and European Union Set July Summit to Deepen Post-Brexit Cooperation
United Kingdom Imposes Seventy New Sanctions on Russia and Expands Support for Ukraine's Nuclear Sector
United Kingdom Announces Social Media Ban for Children Under Sixteen
0British Government Investigates Reports of Russian Warship Firing Warning Shots Near Isle of Wight
UK Supreme Court Revises Legal Definition of Deprivation of Liberty
King’s Birthday Honours Recognise Contributions Across Science, Culture and Public Service
UK Ministry of Defence Reports Interdiction of Russian Shadow Fleet Vessel
UK and US Launch Joint Regulatory Programme for Medicines and Healthcare Products
Solicitor General Refers Murder Sentence to Court of Appeal Under Unduly Lenient Scheme
UK Launches £1.6 Million Mobile Museum Initiative to Expand Cultural Access
Judicial Pay Structure Undergoes Government Review Following Senior Recommendations
Government Confirms Nearly 180 New Youth Hubs Across the United Kingdom
UK Government Expands Careers Support Through Partnership with LinkedIn
Digital News Report Highlights Growing Global Concern Over AI and Information Overload
UK Chancellor Reaffirms Fiscal Discipline and Borrowing Reduction Strategy
UK Government Invests £219 Million in Sustainable Aviation Fuel Development
Rolls-Royce Small Modular Reactors Secures Major Swedish Export Contract
Government Confirms Locations for Nearly 180 Youth Hubs Across Great Britain
UK Government Partners with LinkedIn to Expand Employment Support Services
Reuters Institute Report Flags Rising Public Anxiety Over News and Information Overload
UK Government Commits £219 Million to Expand Sustainable Aviation Fuel Industry
Chancellor Convenes Market Engagement Group to Assess UK Economic Outlook and Productivity Risks
Rolls-Royce Wins Multibillion-Pound Swedish Contract for Small Modular Nuclear Reactors
Government to Ban Social Media Access for Under-Sixteens Across the United Kingdom
Government Approves Fast-Tracked Broadcast Merger Reshaping UK's Media Landscape
Resignation of Defence Secretary John Healey Triggers Debate Over UK Military Strategy
Britain Intensifies Diplomatic Efforts to Support US-Iran Ceasefire
Bank of England Faces Tough Interest Rate Choices After Economic Contraction
Belfast Sees Second Day of Anti-Migrant Riots as Police Deploy Water Cannons
UK Economy Shrinks in April as Energy Price Shocks Weigh on Growth
UK to Ban Social Media Access for Children Under 16 From 2027
UK Parliament Opens Week of Fast-Tracked Security and Infrastructure Legislation
Northern Ireland Projects £21 Million Boost From Major Cultural and Sporting Events
UK and Japan Sign Technology Security Pact to Strengthen AI and Supply Chain Cooperation
UK Welcomes US-Iran Peace Breakthrough Aimed at Restoring Strait of Hormuz Shipping
British Forces Intercept Russian Shadow Fleet Oil Tanker in English Channel Sanctions Operation
UK to Ban Social Media for Under-16s Under Landmark Online Safety Expansion
Anti-Immigrant Riots Spread Across Belfast, Raising Security Concerns
Ministry of Defence Opens Europe's Largest Drone Testing Facility in Swindon
×