AMANI ALAWWAD WRITES – On Feb 6, Hong Kong’s Court of Final Appeal ruled against the government’s mandate requiring transgender people to undergo sexual reassignment surgery prior to using their preferred gender on identity cards. The landmark ruling is widely viewed as a victory that may lead to greater recognition of transgender rights in countries throughout Asia.
Consider what this signifies! In China, Singapore, South Korea, and Japan, transgender people must still undergo sexual reassignment surgery before the government will officially recognize them as transgender.
In a public judgment written by Chief Justice Andrew Cheung with Justices PJ Riberio and PJ Fok, the court noted the unconstitutionality of the government’s position and declared that it imposed an “unacceptably harsh burden” on transgender people. The judgment further noted that the policy “fails the test of reasonable necessity and is disproportionate.”
The plaintiff in this case, Edward Tse, expressed his pleasure with the ruling. “Now I have a male ID card, it will be a lot easier for me to access gender-segregated spaces,” he said. “I wouldn’t be questioned and humiliated by being outed by my ID that’s incongruent to who I am.” He added that “simple things like going to public bathrooms is impossible for me because I can’t go to the male bathroom, and it would be considered a crime of loitering if I use the female bathroom. So now… it will be a lot easier for me to access gender-segregated spaces.”
The possibility that other Asian countries will follow Hong Kong’s lead has excited many in the LGBTQ community. While each country has its own judicial system, cases concerning transgender rights are currently progressing through any number of them.
In Thailand, home to one of the biggest transgender communities in Asia, advocacy groups have long litigated the rights of transgender people. Now, this recent ruling in Hong Kong may well future influence legislative debates, overturning some of the arguments that officials have previously used to discriminate against transgender people.
“The beauty of it was the judges didn’t just give the conclusion, but they really went through and destroyed the counterargument [that’s] not unique to Hong Kong,” said Kyle Knight, a researcher for Human Rights Watch who focuses on LGBTQ issues.
Still, much more must be done. Many in the transgender population throughout Asia and the Pacific are denied fundamental human rights and are prevented from seeking redress when they face discrimination in employment, housing, and health services.
Hong Kong, though, is in the vanguard of the LGBTQ rights movement. Many have taken to the courts to ensure equal access to public housing and public bathrooms. Hong Kong’s Court of Final Appeal is expected to issue rulings on these cases within the next several weeks. Whatever those outcomes, one thing is certain: Hong Kong has already made history in advancing civil rights.