26 Jan 2022
Q v. COMMISSIONER OF REGISTRATION
- Citation
- [2022] HKCA 172
- Court
- Court of Appeal
- Case number
- CACV183/2019
The Court held the Policy is constitutional: the full SRS requirement is rationally connected to the legitimate aim of ensuring correctness and objectivity in identity card sex entries, satisfies the stringent "no more than necessary" proportionality scrutiny and strikes a reasonable balance under BOR 14; the Policy does not amount to cruel, inhuman or degrading treatment under BOR 3 and consent would not be vitiated by the Policy; and the applicants failed to prove indirect discrimination under SDO s5(1)(b) because they did not establish a considerably smaller proportion of FtM persons could…