Read the full judgment text of CACV 183/2019 & CACV 184/2019 on BabelCite. This Court of Appeal judgment was delivered on 13 May 2022 before Hon Poon CJHC, Kwan VP and Barma JA.
Civil procedure – leave to appeal to Court of Final Appeal – transgender persons – policy requiring full sterilization and genital reconstruction before amending sex identifier on Hong Kong Identity Card – cruel inhuman degrading treatment – Article 3 Hong Kong Bill of Rights – right to privacy – Article 14 Hong Kong Bill of Rights – proportionality – interplay between Article 3 and Article 14 – criterion of 'leaves no room for ambiguity' – self-help measures relying on foreign government documents – questions of great general or public importance – leave granted on Questions 1, 2, 3, 4(a), 4(c); refused on Question 4(b) – costs in cause of appeal to CFA – applicants' costs taxed under Legal Aid Regulations
Legal issues: Leave on Question 1 (Article 3 treatment) · Leave on Question 2 (interplay Article 3 and 14) · Leave on Question 3 (proportionality of Policy under Article 14) · Leave on Question 4(a) (weight of factors from Question 1) · Leave on Question 4(b) (ambiguity criterion threshold) · Leave on Question 4(c) (self-help measures weight)
Outcome: Leave to appeal to the Court of Final Appeal granted on Questions 1, 2, 3, 4(a) and 4(c); leave refused on Question 4(b).
Cited by 5 cases · Cites 3 cases