Transgender activist in Hong Kong successfully obtains new male ID card after lengthy legal struggle.
For seven years, Henry Tse's identity card caused him grief, leading to a lengthy legal battle in Hong Kong for recognition. On Monday, he finally received a new ID card that registered his gender as male.
"This card means a lot to me and others who can now get their new IDs," he told reporters outside Hong Kong's immigration office. Dressed in a striped shirt symbolizing the transgender flag, Tse declared, "This is the solution to all the daily problems caused by an incompatible identity card."
Tse's court case is part of a wider trend across East Asia, with LGBTQ activists seeking change through legal means against conservative governments despite increasing public acceptance for greater equality, particularly among younger generations.
The 33-year-old activist, who holds both British and Hong Kong passports, identifies as a man and has lived that way for years. His British passport identifies him as male, but Hong Kong authorities refused to change his city's identity card, making it compulsory for all residents. This card is essential for various purposes like filing taxes, opening bank accounts, and making appointments.
Hong Kong officials insisted on full gender confirmation surgery, which includes the removal or reconstruction of genitalia. Transgender rights groups argue that surgery is a personal choice and only one aspect of a person's transition. Some transgender people may not choose to have surgery, cannot afford it, or are not healthy enough for the procedure.
In 2017, Tse filed a legal case against the Hong Kong government, which fought it tooth and nail. The city's Court of Final Appeal ruled in Tse's favor in February 2020 but took an extra year to amend the policy to adhere to the ruling.
Even with the new policy, female-to-male transgender applicants only need top surgery (breast removal). However, male-to-female applicants still must undergo full gender confirmation surgery.
The Hong Kong Immigration Department said they had to "consider and study carefully" the court ruling because the policy-making process was "complex." Since the ruling, they've received 108 applications for a change in gender status. About one-third of them have been approved, while the rest are being processed.
Life was challenging for Tse as he awaited the government's response to the court order. He recounted being almost prevented from boarding a flight due to gender issues with his old ID and being detained by Chinese immigration while crossing the border. "I was still so anxious and felt like a prisoner," he admitted.
In March, he filed another lawsuit against the government for "unreasonable delay." Two weeks later, they revealed a new policy.
Activists in Hong Kong have questioned why they need to continue fighting for recognition and equality through the courts. However, they've still experienced triumphs like last September, when the top court ordered the government to create a framework to recognize the rights of same-sex couples, even though this didn't include full marriage. The government has yet to announce a full plan to implement that decision.
Taiwan was the first Asian country to legalize same-sex marriage in 2019, two years after its Constitutional Court ruled that restrictions were unconstitutional. Japan's top court ruled against the government's requirement that transgender people be sterilized before changing their gender in 2020. Also in March 2021, a high court in Japan found the nation's same-sex marriage ban unconstitutional, although the case is set to continue in court.
Tse's struggle for equality has now ended. "What is normal for any other man has finally become normal for me," he said.
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Source: edition.cnn.com
