 放大圖片
■本港《婚姻條例》規定，申請結婚的一對新人，其出世紙必須顯示他們為一男一女，有關申請才可獲批。資料圖片
婚姻登記處拒絕一名變性人和男朋友申請註冊結婚，理由是她的出世紙顯示是一名男性。事主指當局這樣做是違反人權，要求司法覆核，並獲高院受理，稍後將會排期聆訊。有關聆訊影響全港約200名變性人，有排期等候做變性手術、由男變女的人士指出，不容許變性人結婚並不公平，亦影響遺產安排，或因而不能進行其他聯名事項，現時情況反映即使所有人已認同他的變性，但政府仍不承認。
提出司法覆核的變性人以W小姐自稱，她5年前接受變性手術成為女人，身份證上性別獲入境處批准由男變女。不過，《生死登記條例》規定任何人都不可以更改出世紙上的性別，W小姐同樣不能更改，其出世紙顯示為男性。W小姐兩個月前計劃與男朋友結婚，婚姻登記處根據一貫做法，翻查兩人的出生紀錄，發現W小姐出生時為男性，違反《婚姻條例》要婚姻雙方必須為一男一女的規定，故拒絕他們的結婚申請。
是次司法覆核將影響全港約200名變性人，根據《婚姻註冊條例》，變性人要結婚，由男性變為女性的變性人，不可與男性結婚，但可與女性結婚，因為根據出世紙，他們是一男一女，3至4年前已有案例。
Transsexual "Bride" Seeks Right of Marriage by Judicial Review
The Marriage Registration and Records Office turned down a marriage application filed by a transsexual and her boyfriend. The application was turned down on the grounds that the birth certificate of the transsexual indicated her sex as a male. The transsexual concerned deemed it a violation of human rights and sought judicial review. The case which will affect some 200 transsexuals in Hong Kong has been accepted by the High Court and a date for hearing will be fixed. A going-to-be transsexual who has his sex reassignment surgery scheduled pointed out that it is unfair to bar transsexuals from getting married because this will affect estate arrangements and deprive transsexuals of the right to handle other affairs in joint names with their spouse. The current situation reflects that even if the sex reassignment status is accepted by the general public, it is not recognized by the Government.
Calling herself Miss W, the transsexual who sought judicial review said she had sex reassignment surgery 5 years ago and has turned into a woman. She has successfully obtained permission from the Immigration Department to have the sex status on her identity card changed from male to female. However, the Births and Deaths Registration Ordinance does not allow anyone to amend the gender on their birth certificates. Miss W is of no exception. So now she carries a birth certificate which still shows that she is a male. When she carried out her plan to marry her boyfriend two months ago, the Marriage Registration Office, following the normal procedures, examined both of their birth certificates. The Office has found that Miss W was a male at birth, which is in contravention of the Marriage Ordinance which states that marriage is the union of life for one man and one woman. Their marriage application was then rejected.
The judicial review will affect round 200 transsexuals in Hong Kong. Under the Marriage Ordinance, male to female transsexuals cannot get married with a male partner. However, they may marry a female because the respective birth certificates will show that they meet the one man and one woman requirement. The precedent was set 3 to 4 years ago. ■Translation by 開明
|
放大圖片
