London Daily

Focus on the big picture.
Friday, Jul 24, 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
Badenoch Rejects Grant Shapps' Bid to Return as Conservative Candidate
BAE Chief Warns Britain Has Underestimated the Risk of War
Burnham Rules Out New Scottish Independence Referendum in First Talks With Swinney
OpenAI Sued After ChatGPT Allegedly Discouraged Emergency Care Before Near-Fatal Embolism
Viral Video Raises Questions Over Twelve-Dollar Croissants at Manhattan Bakery
UK Balances Security Commitments With Economic Growth Priorities
Retail and Hospitality Sectors Navigate Consumer Caution and Tax Changes
Key Trends to Watch
British Land Appoints Joanne McNamara as New Chief Executive Officer
UK Government Names New Life Peers Including Former Military and Civil Service Leaders
Institute of Directors Urges Government Action on Employment Costs and Skills Shortages
IMF Raises UK 2026 Growth Forecast to One Percent
UK Retail Sales Growth Slows Sharply as Households Cut Discretionary Spending
UK Ten-Year Bond Yields Remain Above Five Percent as Government Faces Higher Debt Costs
UK Government Plans Earlier End to Low-Value Import Duty Exemption for Online Retail Parcels
Reform UK Leads Tight Westminster Voting Poll as Conservatives and Labour Remain Close
Royal Navy Carrier Strike Group Completes First Arctic and North Atlantic Mission Phase
Andy Burnham Government Cuts Business Rates for Pubs and Music Venues by Twenty Percent
UK Inflation Falls to Two Point Six Percent in June as Food and Fuel Prices Ease
Andy Burnham Becomes UK Prime Minister Facing Growth Challenges and Fiscal Pressure
UK Government Reviews Long-Term Balance Between Cost Relief, Industry Support, and Public Investment Priorities
BBC Could Receive Permanent Royal Charter Under Government Proposal
Northern Ireland Proposes End to Severe Weather Exemptions for Electricity Compensation Rules
Andy Burnham Holds Talks With UK Devolved Leaders on Regional Cooperation and Devolution
House of Lords Launches Inquiry Into Risks Facing UK Democratic Institutions
ScottishPower Renewables Plans Major Rebuild of Whitelee Wind Farm With Fewer Larger Turbines
UK and Italy Leaders Discuss Global Combat Air Programme and Future European Cooperation
UK Government Announces Six Hundred Million Pound Aerospace Investment Package at Farnborough Airshow
European Union Approves UK Participation in Ninety Billion Euro Ukraine Support Loan Framework
Rolls-Royce Warns UK Government Over Jet Engine Funding Decision and Future Manufacturing Plans
UK Inflation Falls to Two Point Six Percent in June as Fuel and Food Prices Ease
Andy Burnham Begins Premiership With Two Pound England Bus Fare Cap and Electricity Tax Cut Plan
YouGov Poll Shows Tight Competition Among UK Political Parties
Space Technology Investment Expands Through UK-US Cooperation at Farnborough Airshow
UK Opens Final India Young Professionals Scheme Ballot for Three Thousand Applicants
United Kingdom Approved for Ukraine Financial Support Initiative With EU Partners
UK and Ireland Leaders Discuss Security, Energy and Regional Cooperation
British Heart Foundation Identifies Ten UK Areas With Severe Shortages of Defibrillators
Former Southern Water Executives Charged Over Alleged Water Test Manipulation Scheme
IMF Warns UK Economic Growth Will Slow to One Percent in 2026
UK Inflation Falls to Two Point Six Percent in June as Food and Energy Costs Ease
United Kingdom Joins European Union Loan Mechanism to Support Ukraine’s Defense Needs
Prime Minister Andy Burnham Introduces Two-Pound Bus Fare Cap and Energy Tax Relief Measures Across England
Northern Ireland Secures Additional Infrastructure Funding From UK Treasury
Wales Approves Port Investment Plans to Support Green Energy Supply Chains
UK Financial Regulator Simplifies Stock Market Rules to Attract More Listings
UK Reports Decline in Small Boat Crossings Across the English Channel
UK Government Creates Emergency Support Fund for Financially Pressured Universities
Scottish Government Launches Economic Strategy Focused on Innovation and Renewable Industries
UK Expands Sustainable Farming Incentives to Support Environmental Measures
×