INTRODUCTION
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On 6th February 2023, Court of Final Appeal delivered landmark ruling in favour of the two transgender male appellants, Q, and Henry Edward Tse.
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Since 3rd April 2024, a new policy on update of HKID gender marker has been implemented.
In the new policy, one may apply with one of the 3 types of application criteria to update their HKID gender marker. For convenience of description, these criteria are termed in the following as
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Criterion 1
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Criterion 2
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Criterion 3
Currently, non-binary gender marker option is not available for HKID.
Update of Gender Marker on HKID -
Application Criteria
IMMD'S GUIDELINE
For details, please refer to the Immigration Department (ImmD)'s Guideline on the application for change of sex entry on Hong Kong identity cards
The Guideline is located at "Identity Cads" of FAQs on ImmD's website: Amendment of Registered Particulars of Hong Kong Identity Card
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Q4. What procedures should be followed and what supporting documents should be submitted if I want to change the sex entry on my identity card?
CRITERION 1
Same as the application criteria before the new policy. The requirements continue to allow an update of HKID gender marker.
Updating gender marker to F
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Removal of the penis and testes
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Construction of a vagina
Updating gender marker to M
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Removal of the uterus & ovaries
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Construction of a penis or some kind of penis (These phase is used by ImmD. to refer to phalloplasty, or metoidioplasty)
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CRITERION 2
Updating gender marker to F
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Removal of the penis and testes
Updating gender marker to M
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Removal of the breasts (Or may known as chest masculinization, or top surgery)
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Taking female / male hormones for at least 2 years
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Living in female gender for at least 2 years
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Has / had gender dysphoria
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Hormones
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Declare to take female / male hormones for the rest of one’s life
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Submit blood report(s) (With a medical assessment) for random checking of one’s hormonal profile as requested by ImmD for the rest of their life.
Living
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Declare to live in female / male gender for the rest of one’s life
Contact information
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Report to ImmD within 30 working days if correspondence address and/or contact number has changed
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CRITERION 3
Overall similar to Criterion 2, and
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If one provides medical reasons (Supported by e.g. medical certificate) for being not able to have the surgery / hormones required by Criterion 2, this exemption may be considered by ImmD on an exceptional basis.
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If granted, they would then be allowed to waive the requirement on either surgery / hormones.
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If appropriate, please inquire with the doctor who folows up for you, and ask the doctor for a medical certificate.
Updating gender marker to F
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Removal of the penis and testes
Updating gender marker to M
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Removal of the breasts (Or may known as chest masculinization, or top surgery)
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Taking female / male hormones for at least 2 years
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Living in female gender for at least 2 years
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Has / had gender dysphoria
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Hormones
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Declare to take female / male hormones for the rest of one’s life
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Submit blood report(s) (With a medical assessment) for random checking of one’s hormonal profile as requested by ImmD for the rest of their life.
Living
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Declare to live in female / male gender for the rest of one’s life
Contact information
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Report to ImmD within 30 working days if correspondence address and/or contact number has changed
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