HK relaxes rules on ID card gender markers

More transgender people in Hong Kong can now apply to change the gender marker on their ID card, as the government abandons an eligibility requirement that the city’s top court ruled was unconstitutional. Previously, the authorities would only accept applications for such ID card changes from people who had undergone full sex reassignment surgery. Applications will now also be accepted from transgender men who have had surgery to remove their breasts, and transgender women who have had their penis and testes removed. Such applicants must also prove that they have or have had gender dysphoria, have lived in the opposite sex for at least two years and will continue to do so, and have had hormonal treatment for at least two years and will continue to do so. Blood tests may be required to prove the applicants are undergoing hormonal treatment. In a landmark ruling in February 2023, the Court of Final Appeal said the authorities had breached the rights of two transgender men, Henry Edward Tse and Q, by refusing to change the gender marker on their ID cards because they had not undergone full sex reassignment surgery. A government spokesperson said in a statement that the policy was reviewed in light of the judgment, and the administration is making the adjustment after "having prudently considered the objective of the policy, relevant legal and medical advice, as well as drawing reference from the relevant practices overseas". Tse told RTHK that the new policy will make it much easier for transgender men to apply for ID card changes. "For trans men, the new requirement with regard to surgery would be a lot less stringent. So before, it would require hugely invasive lower surgery that includes complete sterilisation, removal of uterus and the ovaries, and also some kind of penile construction surgery. Now the requirement surgically only requires top surgery," he said. But Tse, who's an activist with Transgender Equality Hong Kong, said there is still a lot Hong Kong can do to be more trans inclusive. "I still have ongoing concerns regarding the new criteria. Especially with the ongoing hormone test, the immediate update if you change your phone number or address. And not to mention that there's still a sterilisation requirement for trans women. So this is not the end of the legal journey," he said.