On February 2022, a landmark court ruling granted transgender people in Hong Kong the right to change the gender marker on their identity cards without undergoing a full sex reassignment operation. The decision was a major victory for the transgender community in the Chinese-ruled city, which has long been plagued by discrimination and marginalization.
However, a recent protest by a small group of transgender people outside the immigration department in Hong Kong highlights the continued struggle for recognition and equality. Despite the court ruling, many transgender individuals are still waiting for their identity cards to be changed to reflect their gender identity. The delay is due to administrative tactics employed by the government, according to Henry Tse, the founder of the group Transgender Equality Hong Kong.
The delay in implementing the court ruling potentially undermines the dignity of transgender individuals and perpetuates discrimination and marginalization, says Kelley Loper, an expert in human rights law at the University of Hong Kong. The delay also affects the mental health of the community, which already faces high levels of discrimination and harassment, according to a study conducted by the Sexualities Research Program at the Chinese University of Hong Kong and Transgender Resource Center in 2019-20.
The study found that 50% of Hong Kong’s transgender people faced discrimination, while 76.9% of respondents had contemplated suicide. Legal uncertainty and delay only exacerbate these issues, warns Suen Yiu-tung, an associate professor of gender studies who led the research.
Despite the setbacks, some like Henry Koh, executive director of ILGA Asia, are hopeful that the Hong Kong court ruling could have a regional impact. In countries like mainland China, Singapore, South Korea, and Japan, where gender reassignment surgery is still required to change gender markers on identity documents, the Hong Kong ruling could provide an example of what is possible and potentially influence future legislation and policies.
While the road to recognition and equality is still long, the transgender community in Hong Kong and their allies continue to push for change and demand that their rights be recognized and respected.