London Daily

Focus on the big picture.
Wednesday, Oct 22, 2025

Emergency response needs cited in defence of Hong Kong’s gender policy for IDs

Emergency response needs cited in defence of Hong Kong’s gender policy for IDs

High Court hears appeal from two transgender men who were denied judicial review of the government’s refusal to amend the sex entry on their Hong Kong identity cards.

Officials have defended a controversial policy limiting gender status changes on Hong Kong identity cards to those who have undergone sex reassignment surgery, arguing there is a need to balance transgender rights against the difficulties faced by both the public and emergency response teams.

“As 9/11 had taught us, emergency situations do sometimes occur,” Monica Carss-Frisk QC said, referring to the September 11
terrorist attacks on the United States and highlighting the potential requirement for segregating sexes during certain major incidents and law enforcement operations.

The counsel for the commissioner of registration was responding to an appeal from two transgender men, Henry Edward Tse and a person identified only as Q, who had been unsuccessful in seeking a judicial review of the government’s refusal to amend their identity cards.

The High Court heard the pair had their breasts removed, received hormonal treatment and lived full-time as men, but retained their uteruses and ovaries and decided against undergoing surgery to construct genitals of the opposite sex.

Under existing policy, the commissioner will only amend the sex entry on the ID if the card holder has had full gender reassignment surgery, unless there is medical proof that person cannot undergo the operation. But the appellants say the requirement is cruel and inhumane.

Their counsel, Dinah Rose QC, had argued that the policy requirement was unconstitutional, adding that the surgery was not “the only workable model”, as described by the lower court, for registration officers to determine applications for amending the sex identifier, as can be seen in the United States, Britain, Austria, South Korea and Singapore.

At the Court of Appeal on Tuesday, Carss-Frisk said the commissioner was entitled to focus on the circumstances in Hong Kong, in particular how the identity card was used on a daily basis.

She said that made the situation “significantly different” from the overseas examples, which concerned the sex entry on documents such as birth certificates rather than IDs.

Given the everyday use, the counsel said it was “more likely that the sex entry would have an impact on others”, such as members of public.

Carss-Frisk said the government policy involved two aspects of public interest – one in having a clear and consistent guideline for registration officers and the second being fairness to those members of the public and service providers who came into contact with transgender people who had not gone through full surgery.

Henry Edward Tse failed in his previous bid for a judicial review of the government’s refusal to amend his identity card.


The interactions, according to the government, include a variety of scenarios such as the potential need to segregate the sexes in emergency responses during nuclear attacks, body searches conducted by law enforcement officers, enrolment in single-sex schools, and access to sports, sex-specific public toilets, hospital wards, residential facilities, among others.

“One can readily see the confusion and uncertainties and understand the distress that may arise if there is incongruence between the sex entry on the identity card and the person’s physical appearance,” the counsel continued.

But Mr Justice Aarif Barma questioned if a transgender person would suffer anguish and embarrassment much more frequently than the circumstances mentioned by the government, given the way in which the identity card was used in Hong Kong.

Mr Justice Jeremy Poon Shiu-chor, the chief judge of the High Court, also queried how the officer determined the correctness of the sex entry, given that it was not a question of law involving the conferring of legal status.

Carss-Frisk replied: “The commission’s policy is, of course, that it’s necessary to have full sex reassignment surgery in order for there to be an amendment of the identity card.”

Rose countered that the surgery was not necessary for a full gender transition, adding that the requirement was an arbitrary line, which amounted to a very serious and unjustified interference in the individual’s right to privacy.

“In every one of those situations [mentioned by the government], what matters is social gender,” she continued. “The question is if they’re walking as a man or a woman through the door.”

The court has reserved judgment, after Poon thanked counsel for their assistance in this “very difficult matter”.

Newsletter

Related Articles

0:00
0:00
Close
‘Frightening’ First Night in Prison for Sarkozy: Inmates Riot and Shout ‘Little Nicolas’
White House Announces No Imminent Summit Between Trump and Putin
US and Qatar Warn EU of Trade and Energy Risks from Tough Climate Regulation
Apple Challenges EU Digital Markets Act Crackdown in Landmark Court Battle
Nicolas Sarkozy begins five-year prison term at La Santé in Paris
Japan stocks surge to record as Sanae Takaichi becomes Prime Minister
This Is How the 'Heist of the Century' Was Carried Out at the Louvre in Seven Minutes: France Humiliated as Crown with 2,000 Diamonds Vanishes
China Warns UK of ‘Consequences’ After Delay to London Embassy Approval
France’s Wealthy Shift Billions to Luxembourg and Switzerland Amid Tax and Political Turmoil
"Sniper Position": Observation Post Targeting 'Air Force One' Found Before Trump’s Arrival in Florida
Shouting Match at the White House: 'Trump Cursed, Threw Maps, and Told Zelensky – "Putin Will Destroy You"'
Windows’ Own ‘Siri’ Has Arrived: You Can Now Talk to Your Computer
Thailand and Singapore Investigate Cambodian-Based Prince Group as U.S. and U.K. Sanctions Unfold
‘No Kings’ Protests Inflate Numbers — But History Shows Nations Collapse Without Strong Executive Power
Chinese Tech Giants Halt Stablecoin Launches After Beijing’s Regulatory Intervention
Manhattan Jury Holds BNP Paribas Liable for Enabling Sudanese Government Abuses
Trump Orders Immediate Release of Former Congressman George Santos After Commuting Prison Sentence
S&P Downgrades France’s Credit Rating, Citing Soaring Debt and Political Instability
Ofcom Rules BBC’s Gaza Documentary ‘Materially Misleading’ Over Narrator’s Hamas Ties
Diane Keaton’s Cause of Death Revealed as Pneumonia, Family Confirms
Former Lostprophets Frontman Ian Watkins Stabbed to Death in British Prison
"The Tsunami Is Coming, and It’s Massive": The World’s Richest Man Unveils a New AI Vision
Outsider, Heroine, Trailblazer: Diane Keaton Was Always a Little Strange — and Forever One of a Kind
Dramatic Development in the Death of 'Mango' Founder: Billionaire's Son Suspected of Murder
Two Years of Darkness: The Harrowing Testimonies of Israeli Hostages Emerging From Gaza Captivity
EU Moves to Use Frozen Russian Assets to Buy U.S. Weapons for Ukraine
Europe Emerges as the Biggest Casualty in U.S.-China Rare Earth Rivalry
HSBC Confronts Strategic Crossroads as NAB Seeks Only Retail Arm in Australia Exit
U.S. Chamber Sues Trump Over $100,000 H-1B Visa Fee
Shenzhen Expo Spotlights China’s Quantum Step in Semiconductor Self-Reliance
China Accelerates to the Forefront in Global Nuclear Fusion Race
Yachts, Private Jets, and a Picasso Painting: Exposed as 'One of the Largest Frauds in History'
Australia’s Wedgetail Spies Aid NATO Response as Russian MiGs Breach Estonian Airspace
McGowan Urges Chalmers to Cut Spending Over Tax Hike to Close $20 Billion Budget Gap
Victoria Orders Review of Transgender Prison Placement Amid Safety Concerns for Female Inmates
U.S. Treasury Mobilises New $20 Billion Debt Facility to Stabilise Argentina
French Business Leaders Decry Budget as Macron’s Pro-Enterprise Promise Undermined
Trump Claims Modi Pledged India Would End Russian Oil Imports Amid U.S. Tariff Pressure
Surging AI Startup Valuations Fuel Bubble Concerns Among Top Investors
Australian Punter Archie Wilson Tears Up During Nebraska Press Conference, Sparking Conversation on Male Vulnerability
Australia Confirms U.S. Access to Upgraded Submarine Shipyard Under AUKUS Deal
“Firepower” Promised for Ukraine as NATO Ministers Meet — But U.S. Tomahawks Remain Undecided
Brands Confront New Dilemma as Extremists Adopt Fashion Labels
The Sydney Sweeney and Jeans Storm: “The Outcome Surpassed Our Wildest Dreams”
Erika Kirk Delivers Moving Tribute at White House as Trump Awards Charlie Presidential Medal of Freedom
British Food Influencer ‘Big John’ Detained in Australia After Visa Dispute
ScamBodia: The Chinese Fraud Empire Shielded by Cambodia’s Ruling Elite
French PM Suspends Macron’s Pension Reform Until After 2027 in Bid to Stabilize Government
Orange, Bouygues and Free Make €17 Billion Bid for Drahi’s Altice France Telecom Assets
Dutch Government Seizes Chipmaker After U.S. Presses for Removal of Chinese CEO
×