How can Transgender People Change their Gender on their Hong Kong Identity Card

Overview

As a result of a Court of Final Appeal decision (Q & Tse Henry Edward v Commissioner of Registration (FACV No. 8 & 9 of 2022)), the Immigration Department of Hong Kong ("Immigration Department") has issued new guidelines ("New Guidelines") for individuals seeking to change the sex entry (i.e. gender) on their Hong Kong Identity Card.

This is a step-by-step guide to help a transgender person to change their gender on their Hong Kong Identity Card and Hong Kong SAR passport in Hong Kong.

First Step: Meeting the Application Criteria Set Out by the Immigration Department

The New Guidelines recently released by the Immigration Department sets out the three circumstances in which it will consider an applicant eligible to change his/her gender on his/her Hong Kong Identity Card.

1. Full Sex Re-Assignment Surgery

1.1 Requirements

Individuals that have already gone through a full sex reassignment surgery can apply by providing supporting medical documents to the Immigration Department proving that the full sex reassignment surgery took place. In this regard, the Immigration Department of Hong Kong considers a full sex re-assignment surgery to be as follows:

(a) for sex change from female to male
(i) removal of the uterus and ovaries; and
(ii) construct of a penis or some form of a penis;

(b) for sex change from male to female
(i) removal of the penis and testes; and
(ii) construction of a vagina.

1.2 Supporting Documents

The supporting documents need to be ideally in the form set out in Annex 2 or Annex 3 of the New Guidelines. Otherwise, it is recommended that the documents submitted must include all the information contained either in Annex 2 or Annex 3 and be signed by a physician when applicable. 


2. Surgical Treatment for the Purpose of Modifying Sexual Characteristics

An individual who has not gone through a full sex reassignment surgery can consider applying if he or she:

(a) has completed surgical treatment for the purpose of modifying sexual characteristics:
(i) for sex change from female to male: removal of the breasts (bilateral mastectomy); or
(ii) for sex change from male to female: removal of the penis and testes; and

(b) satisfies the [Immigration Department] that all of the following conditions are met and makes a statutory declaration in the specified form (Annex 1 of the Guidelines) to confirm that he or she:
(i) has or had gender dysphoria;
(ii) has lived in the opposite sex, throughout the period of at least two years ending with the date on which the application is made;
(iii) will continue to live in the opposite sex for the rest of his or her life;
(iv) has been undergoing hormonal treatment of the opposite sex throughout the period of at least two years continuously before the date on which the application is made; and
(v) will continue to undergo continuous hormonal treatment of the opposite sex and submit blood test report(s) as requested by the Immigration Department for random checking of his or her hormonal profile.

The supporting documents need to be ideally in the form set out in Annex 2 or Annex 3 of the New Guidelines.
  

3. Exceptional Cases

Individuals that have not (a) had a full sex re-assignment surgery, (b) received surgical treatment for the purpose of modifying sexual characteristics (e.g. bilateral mastectomy), or (c) received the relevant hormonal treatment will be required to provide medical proof showing justifiable medical reasons for not satisfying the requirement to complete the relevant surgical treatment, or to receive the relevant hormonal treatment. The Immigration Department states that it will consider such application on a case by case basis, having regard to all relevant facts and circumstances of the individual's case.

Second Step: Name Change (Optional)

If you are interested to also change your name on your Hong Kong Permanent Identity Card, you also need to obtain a deed poll. You can schedule an appointment with our firm to obtain a deed poll. 

Third Step: Fill in Form ROP73

In order to change the gender entry (and optionally your name) on your Hong Kong Identity Card, you have to fill in and submit Form ROP73 (Application for Amendment of Registered Particulars of Hong Kong Identity Card) ("Application Form").

You can download a PDF copy of the Application Form directly from the Hong Kong Immigration Department (Download PDF).

Fourth Step: Submit Application Form to the Immigration Department

The Application Form. You may submit your Application Form and copies of your supporting documents (e.g. medical supporting documents, deed poll):

By Post: You may send by post your Application Form and copies of your supporting document(s) to the Registration of Persons General and Statistics Unit using the following address:

Registration of Persons (Support) Section

1st Floor, Administration Tower,

Immigration Headquarters,

61 Po Yap Road,

Tseung Kwan O, New Territories

Hong Kong SAR

In Person: You may submit the Application Form and supporting documents in person at the above address.

Final Step: Attend The Interview

If your Application Form and supporting documents are accepted, the Immigration Department will contact you to schedule an in-person interview at the Immigration Department Headquarters. You will be asked to bring the original copies of your supporting documents during your interview. Once your application is approved, you will be required to apply for a new identity card, and it will be replaced for a fee of HKD460.

A new picture will be taken for the newly amended identity card.

Additional Step: Updating the Name on your Hong Kong Passport

Once you have received your new identity card with your new name, you can apply to update the name on your Hong Kong Passport by fill-in and submit Form ID 854 (Application for Amending a Hong Kong Special Administrative Region Passport) to the Immigration Department.

You can download a PDF copy of Form ID 854 directly from the Hong Kong Immigration Department (Download PDF).

Additional Questions / Scheduling an Appointment

If you have additional questions which are not addressed here or wish to schedule an appointment, please contact us by telephone on +852 2176 4777, by WhatsApp (+852 9547 5353) or by email at [email protected]. You can also schedule an appointment by clicking the button below.

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