Henry Tse’s Long Legal Battle for Gender Recognition on ID Card Leads to Wider Fight for Equality in East Asia

Rewriting:
In Hong Kong, many individuals carry an identity card that they rarely think much about as it’s a small plastic piece tucked away in their wallets. However, this was not the case for Henry Tse, who waged a legal battle over his ID card that dominated seven years of his life. The transgender activist finally received a new identification document on Monday, registering his gender as male and putting an end to numerous difficulties he encountered due to its incompatibility with his identity.
Tse’s court case is part of a wider trend where LGBTQ rights advocates resort to legal action against conservative governments throughout East Asia since they find it challenging to push for change through traditional political channels. Polling indicates that younger generations are increasingly accepting of greater equality, but public opinion remains divided in some areas.
Tse’s identity card presented daily problems and embarrassment because his British passport recognized him as a man while Hong Kong authorities refused to acknowledge this due to their strict rules requiring individuals undergoing gender confirmation surgery (which involves removing or reconstructing genitalia) before changing the registered sex on identification documents. However, transgender rights groups argue that such procedures are an individual’s choice and only one part of transitioning as not all members opt for surgeries due to affordability, health risks associated with medical intervention or personal preference.
Tse initiated legal proceedings against Hong Kong authorities in 2017 when they insisted on full gender confirmation surgery being a prerequisite for changing the registered sex regardless of its relationship (if any) between surgery and identity changes elsewhere such as passports. In February last year, Hong Kong’s Court of Final Appeal ruled favorably towards Tse, but authorities delayed complying with it until now – hence, his long wait to receive a new identification document that reflects his true gender.
Under the newly established policy, female-to-male transgender applicants are only required to undergo top surgery (removal of breasts) while male-to-female individuals still need full gender confirmation surgeries. Tse said life remained challenging during this wait and highlighted how it nearly resulted in missing a flight because airline staff contested his identity document’s accuracy, as well as being detained by Chinese immigration officers when crossing the border into mainland China while feeling like an imprisoned person due to anxiety surrounding its interpretation.
The Court of Final Appeal decision ordered Hong Kong authorities to put mechanisms that grant equal rights and opportunities for same-sex couples in place following September 2018’s landmark ruling by a similar court – yet, the government has not announced any concrete plans regarding this matter as of now. Taiwan became Asia’s first country to legalize gay marriage two years after its Constitutional Court ruled that restrictions were unconstitutional back in May 2017.
In March last year, Japan’s highest judicial authority held the state liable for infringing on transgender people’s human rights by forcing them into sterilization before changing their registered gender – a ruling set to be reviewed further at court hearings scheduled later this year. In contrast, Hong Kong and mainland China have been less accommodating towards LGBTQ communities in recent years as the Chinese government has tightened its grip on civil liberties under President Xi Jinping’s leadership.
Henry Tse explained that what other men normally face finally applies to him because he acquired an identification document aligned with his identity following this protracted battle for recognition and equality, which is still lacking in some East Asian countries despite recent court victories by the region’s LGBTQ communities.