Completing gender reassignment surgery no longer a must for change of sex on HKID

Hong Kong announced its latest policy stating that people who have not completed gender reassignment surgery are able to change the sex stated on their ID cards provided that requirements, such as having undergone specified surgical treatments and have a confirmed diagnosis of gender dysphoria, have been satisfied. 

The specified surgical treatments include removal of the breasts (bilateral mastectomy) for female to male transition; and removal of the penis and testes for male to female transition. 

Applicants should also satisfy the conditions that they have or had gender dysphoria; have lived in the opposite sex for at least two years before making the application; will continue to live in the opposite sex for the rest of thier life; and have been undergoing hormonal treatment for transitioning for at least two years. 

The applicant should also confirm that he or she will continue to undergo continuous hormonal treatment and submit blood test reports as requested by the Commissioner of Registration, i.e. the Director of Immigration, for random checking of his or her hormonal profile. 

The policy was revised “[i]n view of the judgment handed down by the Court of Final Appeal on February 6, 2023, in Q & Tse Henry Edward v Commissioner of Registration (FACV No. 8 & 9 of 2022),” the government said in a statement. 

“[I]f persons who have not completed full sex reassignment surgery have completed the specified surgical treatment for the purpose of modifying sexual characteristics and satisfied the revised criteria and requirements, they may apply for a change of sex entry on their Hong Kong identity cards.” 

The Immigration Department will process applications that have been received but have yet to be processed in accordance with the revised policy, and will take the initiative to contact the relevant individual applicants for follow-up, a government spokesperson said. 

The spokesperson stressed that the revision concerns the policy on the change of sex entry of Hong Kong identity card only, and that the sex entry on a Hong Kong identity card does not represent the holder’s sex as a matter of law. 

“It does not affect any other policies of the government or the handling of any other gender-related matters under the law in Hong Kong or relevant legal procedures.”