London Daily

Focus on the big picture.
Friday, Oct 30, 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
Department for Environment, Food and Rural Affairs Implements Strict Water Quality Monitoring Rules Following Severe Rainfall and Flooding
Welsh Government Unveils Comprehensive Regional Housing Strategy to Address Rural Affordability and Homelessness Pressures in Cardiff
Office for National Statistics Reports Slowing Consumer Price Inflation and Steady Retail Performance Across United Kingdom Markets
Northern Ireland First Minister Michelle O'Neill and Deputy First Minister Emma Little-Pengelly Advance Cross-Border Infrastructure Agreement in Belfast
Competition and Markets Authority Launches Formal Investigation Into Artificial Intelligence Partnerships Involving Major Technology Corporations
Scottish First Minister John Swinney Secures Cross-Party Support for Devolved Budget Framework and Renewable Energy Expansion
High Court Rules in Favor of Environmental Campaigners Over Department for Energy Security and Net Zero Licensing Procedures
National Health Service England Announces Major Digital Modernization and Artificial Intelligence Diagnostic Rollout Across Regional Trusts
Bank of England Monetary Policy Committee Signals Cautious Approach to Interest Rate Cuts Amid Persistent Wage Growth and Inflation Pressures
British Prime Minister Keir Starmer and Chancellor Rachel Reeves Outline Strategic Infrastructure Plans to Boost Regional Growth and Private Investment
Water pollution remains high despite £5bn investment
Regional Economic Divergence and Industrial Transformation
Technological Sovereignty and Regulatory Scrutiny
Fiscal Consolidation and Public Service Pressures
Automotive Industry Leadership Warns of Imminent Supply Chain Disruptions Following Recent European Trade Negotiations
High Court Delivers Landmark Ruling Affirming Strict Legal Protections for Corporate Data Privacy Against State Surveillance
Welsh First Minister Eluned Morgan Secures Additional Funding for Regional Transport Infrastructure and Rail Modernization
Scottish First Minister John Swinney Announces Major Green Energy Infrastructure Investment Package for Aberdeen
Department for Work and Pensions Proposes Sweeping Welfare Reforms to Incentivize Long-Term Unemployed Back into Work
Competition and Markets Authority Launches Formal Investigation into Artificial Intelligence Partnerships Involving Major Tech Giants
United Kingdom Foreign Secretary David Lammy Concludes High-Level Strategic Talks in Washington on Middle East Security
National Health Service England Unveils Emergency Winter Resilience Plan to Combat Projected Surge in Emergency Admissions
Bank of England Governor Andrew Bailey Signals Cautious Approach to Interest Rate Cuts Amid Persistent Inflation
British Chancellor Rachel Reeves Finalizes Corporate Tax Overhaul Ahead of Autumn Budget to Fund Public Services
Automotive Manufacturers Urge Government Action as High Energy Costs and Global Supply Chain Disruptions Threaten Production
Metropolitan Police Issue Formal Apology Following Inadvertent Release of Confidential Information During High-Profile Investigation
Scottish Finance Secretary Shona Robison Unveils Devolved Budget Highlighting Housing and Public Service Adjustments
Energy Regulator Office of Gas and Electricity Markets Prepares to Remove Household Gas Standing Charges Following Treasury Mandate
Treasury Confirms Reversal of Planned Cash Individual Savings Account Allowance Reduction Protecting Twenty Thousand Pound Limit
Office for Budget Responsibility Revisions Predict Moderate United Kingdom Economic Growth with Elevated Inflation Pressures
Chancellor John Healey Delivers First Autumn Budget in Parliament Highlighting Temporary Bank Surcharge and Cost-of-Living Support
Met Office Issues Extended Forecast Highlighting Stable High Pressure Weather Patterns Across the United Kingdom
Scottish Finance Secretary Shona Robison Outlines Changes to Tax Thresholds and Residential Property Levies in Edinburgh
Financial Markets and Government Bond Yields Remain Stable Following Muted Reaction to Autumn Budget Measures
Defence Committee Chair Tan Dhesi Criticizes Budget for Delaying Critical Defence Spending Decisions to Next Year
International Monetary Fund Forecasts United Kingdom Economic Growth at One Point Three Percent for Year
Office for Budget Responsibility Assesses Fiscal Headroom Reduced to Fifteen Billion Pounds Following Global Energy Shocks
Chancellor John Healey Delivers First Autumn Budget Introducing Household Energy Support and Bank Tax Hikes
Aberdeen City Council Co-Leader Faces Binding Vote Challenge as Local Councillors Launch High Court Legal Battle
Housebuilding Across Scotland Falls to Eleven-Year Low Despite Government Declarations of a Housing Emergency
Former Prime Minister Gordon Brown Organizes National Innovation Summit in Manchester to Boost Regional Competitiveness
UK Government Faces Mounting Criticism Over Lack of Environmental Consultation During Artificial Intelligence Datacentre Expansion Talks
Greggs Announces Closure of Four Major Manufacturing Facilities Across Britain Resulting in Seven Hundred Forty Job Losses
British Retail Consortium Warns That Cumulative Employment and Regulatory Costs Threaten High Street Price Stability
Lloyds Banking Group Chief Executive Charlie Nunn Warns That Increased Bank Taxes Could Deter Long-Term Economic Investment
Ipsos Polling Reveals Seven in Ten Britons Expect Personal Tax Increases Amid Deep Public Economic Pessimism
Chancellor John Healey Delivers First Autumn Budget in Parliament Amid Tight Fiscal Constraints and Slower Growth Forecasts
United Kingdom Finance Monthly Review Highlights Rising Long-Term Borrowing Costs and Persistent Energy Price Pressures Across British Markets
Royal Marines Pioneer Rapid Autonomous Drone Operations During Major High North Exercise Involving NATO Allies
House of Commons Justice Committee Urges Chancellor to Align Prison and Courts Reform Ambitions With Concrete Budgetary Resources
×