The Malaysian Star newspaper has reported that the High Court last Friday rejected an application by a post-operative transgender female to compel the National Registration Department (NRD) to alter the gender field on her identity card.
The 35-year-old plaintiff, whose identity was not revealed except that she is of ethnic Chinese descent, is originally from Kedah and now lives in Hong Kong. She underwent a gender reassignment surgery in Thailand in 2006, and had applied to the NRD but was told to get a court order to declare she is a woman.
Her lawyer Wong Kah Woh reportedly told the media that his client faces much difficulties especially when going through immigration check points in a number of countries due to the gender as stated in official documents.
According to the news report, Judicial Commissioner Ridwan Ibrahim rejected the application, which was submitted to the court in May last year, with cost. He said the court was not ready to make a declaration on the matter as it was not vested with such powers. He also added that the best way to resolve the matter was to have a law passed in Parliament to deal with matters on gender change.
Wong said he would submit an appeal to the Appeals Court within 14 days as there were two instances where the court had made contradictory rulings.
"In 2005, Judge (Datuk) V.T. Singham said the court had no power to make such a declaration but in another case presided by Datuk James Wong, the court allowed an application to change the gender in the person's identity card," Wong was quoted as saying in the Star.
Sex-change surgery is said to be legal in Muslim-majority Malaysia but transsexuals often cannot legally change their gender status. Activists have estimated there are at least 50,000 transsexuals in Malaysia, many who face widespread prejudice and often cannot find employment, according to the Associated Press.