London Daily

Focus on the big picture.
Thursday, Jul 09, 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
Tech Pulse: The Future of AI and Screen Culture
Global News Briefing: Escalating Geopolitical Tensions and Corporate Shakeups
Global News Brief: Escalating Conflicts, Public Health Crises, and World Cup Drama
Rare Early Copy of US Declaration of Independence Found in British Archive
Cornish Language Revival Gains Momentum Through Schools and Community Programs
UK Authorities Face Criticism Over Prisoner Early Release Safeguards
Clacton By-Election Set After Nigel Farage Resigns Seat to Trigger Contest
Government Agencies Review Long-Term Fiscal Risks from Aging Population and Low Productivity
UK Heatwaves Expose Pressure on Public Transport and Housing Infrastructure
UK Government Prepares Welfare Review Amid Debate Over Personal Independence Payment Reform
UK Government Expands Rapid Endometriosis Testing Across NHS Services
Vistry Group Issues Profit Warning as UK Housing Market Faces Continued Pressure
Virgin Media Receives Record Twenty-Eight Million Pound Fine Over Contract Cancellation Failures
Office for Budget Responsibility Warns UK Public Finances Face Long-Term Pressure
UK Watchdog Warns Regional Income Gap Has Barely Narrowed in Three Decades
IMF Raises United Kingdom Growth Forecast as Inflation and Energy Pressures Ease
UK Government Launches Regulatory Reform Bill to Speed Up Commercialization of Innovation
Prince Harry Loses Privacy Lawsuit Against Daily Mail Publisher After High Court Rejects Claims
Federal Financial Framework Shifts as Treasury Launches Universal Savings Program for Minors
Jet2 Reports Strong Summer Travel Demand as Bookings Rise Seven Percent
Prince Harry Loses High Court Privacy Case Against Daily Mail Publisher
British Universities Warn Against Potential European Union Tuition Fee Changes
Heal Fertility Clinic Investigated After Embryo Biopsy Sample Mix-Up
Resolution Foundation Warns Regional Income Divide Has Barely Improved Since 1997
British Markets Remain Cautious as Middle East Tensions Rise and Government Transition Nears
Andy Burnham Poised to Become United Kingdom Prime Minister in Expected Political Transition
Nigel Farage Resigns as Member of Parliament Ahead of By-Election Amid Funding Investigation
Trump Declares Iran Ceasefire Over After Renewed Attacks on United States Bases
French Court Allows Le Pen to Run for Presidency, but with an Electronic Tag: "I Will Appeal, and I Will Run"
$1.4 Trillion: The Lawsuit That Could Crush Meta
Europe's Growing Struggle with Extreme Heat and Air Conditioning
UK Daily Briefing: Legal Developments and Social Issues
Political Turmoil and Rising Costs
Anthropic Reengineers Agentic Architecture to Shift Autonomous Workplace Automation to the Cloud
Logic Flaw in Windows 11 Permission Architecture Silently Consumes Hundreds of Gigabytes of Local Storage
Apple Advances Late-Stage Operating Systems with Fourth Beta Deployments
Global Crisis Alert: Escalating Middle East Tensions and UK Political Upheaval
UK Parliament Pushes for Greater Domestic Control Over Critical Technologies
UK Parliament Warns Trade Fair and Exhibition Industry Is Losing Global Competitiveness
Police Launch Murder Investigation After Mother and Two Children Found Dead Near Bedford
British Chambers of Commerce Survey Shows Business Confidence Falls to Post-Pandemic Low
UK Parliament Report Warns Britain Risks Falling Behind in Artificial Intelligence Sovereignty
Office for Budget Responsibility Warns United Kingdom Faces Long-Term Fiscal Pressures
Nigel Farage Resigns as Member of Parliament Amid Financial Scrutiny and Triggers By-Election
Deep Purple Has Released Its Best Album in Decades
UK MPs Criticise Student Loan System as Potentially Mis-Sold to Millions of Borrowers
Policy Groups Propose Bank of England-Backed Solar Loan Scheme for Millions of Homes
UK Health Agency Issues Amber Heat Alerts Across Six Regions as Temperatures Rise
Royal Air Force F-35 Jets Conduct First High North Air Policing Missions From Aircraft Carrier
Major UK Companies Join Government Cybersecurity Pledge Amid Rising Digital Threats
×