The Court of Final Appeal ruled the rights of Henry Tse and one other had been breached when applications to change their gender on their ID cards was rejected.
The procedure would include the removal of their uterus and ovaries and the construction of male genitalia, which Tse said could be a risky surgery that could lead to complications in patients, and the challenge asked to scrap such a prerequisite.
In a judgment released Monday afternoon, the court reasoned that the kind of “incongruence” that most commonly caused problems for transgender people arose out of discordance “between the gender marker and a transgender person’s outward appearance,” and not the appearance of the “genital area.” “The policy’s consequence is to place persons like the appellants in the dilemma of having to choose whether to suffer regular violations of their privacy rights or to undergo highly invasive and medically unnecessary surgery, infringing their right to bodily integrity. Clearly this does not reflect a reason balance,” the court wrote.
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