This article considers Hong Kong’s (“HK”) current approach in requiring trans to undergo full sex-reassignment surgery (“SRS”) before they can change their gender indicated on their Hong Kong identity cards. Through reflecting upon international and comparative case law, this article first examines how HK’s current approach confers limited protection towards trans’ fundamental rights as against foreign jurisdictions. This article then examines whether the United Kingdom’s (“UK”) Gender Recognition Act 2004 (“GRA”), which was described as a “compelling” model by the Hong Kong Court of Final Appeal, confers a higher degree of protection towards trans people. This article concludes by advocating for the elimination of the full SRS requirement as a prerequisite for gender recognition in HK.
Keywords: Hong Kong, Gender Recognition, sex reassignment surgery, Gender Recognition Act 2004, United Kingdom, transgender, trans
How to Cite:
Li Ka Hang, V., (2023) “Rethinking Gender Recognition in Hong Kong and the Way Forward”, Journal of Law and Jurisprudence 12(1), 42-72. doi: https://doi.org/10.14324/111.444.2052-1871.1556