Trans man Tse Henry Edward seeks judicial review to overturn new ID gender policy, alleging privacy infringement and discrimination
質疑改身分證性別新政策損私隱權兼構成歧視 跨男謝浩霖申司法覆核求推翻
The Court of Final Appeal ruled two years ago that the Immigration Department’s policy requiring transgender people to undergo complete gender reassignment surgery before changing the gender marker on their identity cards was unconstitutional. In early April last year, the department revised the policy. People who have not undergone complete gender reassignment surgery may apply to change the gender marker on their identity cards if they have removed their breasts, or their penis and testicles, but must make a statutory declaration undertaking to continue hormone treatment, submit blood-test reports to check hormone levels when requested by the authorities, and notify the Registration of Persons Office within 30 days of any change to their correspondence address or telephone number. Tse Henry Edward, one of the transgender people who won the case and chair of the Hong Kong Transgender Equality Association, filed an application for judicial review in the High Court last Thursday (the 24th), challenging the new policy as infringing his right to privacy and constituting sex discrimination. He also argued that Hong Kong lacks a legally recognised route for gender transition, meaning that his male identity remains uncertain, in breach of the right to privacy and private life protected by Article 14 of the Hong Kong Bill of Rights. He asked the court to rule that the new policy was unconstitutional and order its withdrawal.
終審法院前年裁定，入境處要求跨性別人士須完成完整性別重置手術，才能更改身分證性別的政策違憲。入境處去年4月初修訂政策，未完成完整性別重置手術的人士，若果已移除乳房，或移除陽具和睪丸的話，須作出法定聲明，包括承諾會繼續接受荷爾蒙治療、在當局要求下提交血液測試報告以檢查荷爾蒙水平，以及若果通訊地址和電話有任何更改，須在30日內通知人事登記處，方可申請更改身分證性別。其中一名勝訴的跨性別人士、香港跨性別平權協會主席謝浩霖上周四（24日）入稟高院提請司法覆核，質疑新政策損害他的私隱權及構成性別歧視。他亦質疑本港缺乏法律上認可性別轉換的途徑，意味他的男性身份具不確定性，違反《香港人權法案》第14條所保障的私隱權和私生活權利。謝要求法庭裁定新政策違憲及下令撤銷。