28 Apr 2025獨媒#6736
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。
29 Apr 2024獨媒#3446
歷七年訴訟 跨性別人士謝浩霖終換身分證：感覺有啲surreal
The Court of Final Appeal ruled in February last year that the Immigration Department’s policy requiring transgender people to complete full gender reassignment surgery before changing the gender on their identity cards was unconstitutional. More than a year later, the department finally revised its policy in early April this year, allowing applicants to change the gender on their identity cards if they have undergone specified surgery to alter their sexual characteristics and meet the relevant requirements. One of the transgender people who won the case, Tse Henry Edward, chairperson of the Hong Kong Transgender Equality Association, went to the Immigration Tower today (29th) to collect a new identity card. After seven years of litigation, the gender on the identity card was finally changed from “F” to “M”. Tse Henry Edward said with a laugh that it “feels a bit surreal”, and that they could hardly believe they could finally have a male identity card like other ordinary men in Hong Kong. The awkward problems caused in daily life by the incorrect identity card have now been resolved, allowing them to “return to a normal life”. However, Tse Henry Edward stressed that successfully changing the identity card was not the end of the journey towards equality, and would continue with the judicial review filed last month, seeking to hold the government legally responsible for the prolonged delay in changing the identity card.
終審法院去年2月裁定，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。事隔逾一年，入境處今年4月初終修訂政策，若已完成指定手術改變性徵及符合相關要求，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，今（29日）到入境事務大樓領取新身分證。經歷7年訴訟，身分證上的性別終由「F」改為「M」，謝笑言「感覺都係有啲surreal（超現實）」，不敢相信終於可以和香港其他普通男人一樣，擁有一張男性身分證。如今生活上因錯誤身分證而帶來的尷尬問題終得到解決，「可以重投返一個正常嘅生活」，但謝強調，成功換證並非平權之旅的終結，他會繼續進行上月入稟的司法覆核，要求政府為長期拖延換證負上法律責任。
3 Apr 2024法庭線#3301
政府放寬跨性別者改身份證性別 律師：要求交血液報告、改地址須通知等或侵權
Two transgender people whose applications to the Immigration Department to change the sex recorded on their identity cards were rejected because they had not completed the entire gender reassignment surgery ultimately won their judicial review. More than a year after the Immigration Department lost the case, the government announced on Wednesday (3rd) that, with immediate effect, transgender people who have not completed the full surgery may apply to change the sex on their identity cards if they have undergone surgery to alter their sex characteristics and meet specified requirements.
Lawyer Hiu Chong Wong, who represented one of the transgender applicants, welcomed the Immigration Department’s revised policy but said requirements that transgender people submit blood reports at the Director of Immigration’s request, and notify the Director if they change their correspondence address or telephone number, may violate their rights. Concern groups also questioned whether requiring applicants to undergo mastectomy or removal of the penis and testicles still violates transgender people’s right to bodily integrity.
A government spokesperson said in response to enquiries that the eligibility criteria and requirements under the new policy aim to alter an applicant’s “physical appearance or bodily features” to accord with the applicant’s gender identity, and that the requirements are “reasonable and proportionate.”
兩名跨性別人士因未完成整個「性別重置手術」，向入境處申請更改身份證性別被拒，提出司法覆核後獲裁終極勝訴。入境處敗訴事隔逾一年，政府周三（3 日）宣布即日起，未完成整項重置手術的跨性別人士，若已進行改變性徵的手術，並符合特定要求，可申請更改身份證上性別。
代表其中一位跨性別人士入稟的律師黃曉莊歡迎入境處修訂政策，但認為新政策要求跨性別人士，按處長要求提交血液報告，另要求申請人如更改通訊地址或電話，須通知入境處處長，做法或侵權。有關注團體另質疑，新政策要求申請人須完成切除乳房或切除陰莖及睪丸的手術，仍然有違跨性別人士的身體完整權。
政府發言人回覆查詢指，新政策下的資格準則及要求，是以改變申請人士的「體貌或體徵」為目的，與申請人的性別認同相符，相關要求「合理而相稱」。
3 Apr 2024法庭線#3302
入境處敗訴逾年今修訂政策 容未完成完整重置手術跨性別者改身份證性別
Two transgender men were refused applications to change the sex recorded on their identity cards because they had not completed the entire gender reassignment surgery. They sought judicial review, and the Court of Final Appeal ruled in their favour in February last year, saying the Immigration Department’s policy imposed an “unacceptable and onerous burden” on transgender people.
More than a year after its final defeat in the case, the Government announced on Wednesday (the 3rd) that, in response to the Court of Final Appeal’s judgment, it had revised the policy for applications to change the sex recorded on Hong Kong identity cards. With immediate effect, in addition to people who have completed the full gender reassignment surgery, transgender people who have not completed the entire procedure may also apply to change the sex on their identity cards if they have completed surgery to alter their sexual characteristics and meet specified criteria and requirements.
A Government spokesman stressed that the revision concerns only the policy on changing the sex recorded on identity cards. The sex shown on an identity card does not represent a person’s legal sex, and the revision will not affect other Government policies.
兩名女變男跨性別人士，因未完成整個性別重置手術，向入境處申請更改身份證性別被拒，提出司法覆核，終審法院去年 2 月裁定二人終極勝訴，指入境處政策對跨性別人士施加「不可接受的嚴苛負擔」。
入境處終極敗訴事隔逾一年，政府周三（3 日）宣布，因應終審法院判決，修訂本港申請更改身份證性別的政策，由即日起，除已完成整項性別重置手術的人士外，即使未完成整項重置手術，若跨性別人士已完成手術改變性徵，並符合特定準則及要求，將可申請更改身份證上性別。
政府發言人強調，有關修訂只關乎更改身份證上性別的政策，而身份證上的性別，不代表該人在法律上的性別，有關修訂不會影響其他政府政策。
3 Apr 2024獨媒#3304
跨性別人士即日起可申請更改身份證性別 需完成改變性徵兼符多項條件
The Court of Final Appeal ruled last February in the case involving two transgender men, an anonymous person known as Q and Tse Henry EdwardHenry, who sought to change the sex on their identity cards. The judgment rejected full sex reassignment surgery as the sole criterion for changing the sex entry and found the policy contrary to rights under the Hong Kong Bill of Rights. More than a year later, the Immigration Department has revised the policy: applicants are no longer required to have completed full sex reassignment surgery, but must still undergo specified surgery to alter their sexual characteristics and meet multiple conditions.
兩名「跨仔」（跨性別男性），代號Q的匿名人士及謝浩霖Henry更改身份證性別一案，去年2月在終院勝訴，判辭不接受完整性別重置手術是更改身份證性別的唯一準則，裁定政策違反《香港人權法案》權利。事隔逾一年，入境處終修訂政策，不再要求更改身份證上性別記項的人士需完成整項性別重置手術的人士，惟仍需完成指定手術改變性徵，以及符合多項條件才可作申請。
Translations are supplied by the source workbook. Consult the original reporting for context.
