Court of Appeal dismisses application by transsexual for MyKad change

The Sun Daily
by Tan Yi Liang

As published in The Sun Daily on 5 Oct 2012

PUTRAJAYA (Oct 5, 2012): The Court of Appeal today dismissed without costs an application by Miss C, a 35-year old transsexual to review a High Court decision rejecting her application to have her gender changed from male to female on her MyKad.

In delivering the unanimous decision of the three member bench, quorum chairman Justice Datuk Abdul Wahab Patail said Malaysian medical reports were needed to support the Malaysian application.

"Although the applicant brought medical reports from Hong Kong and Thailand, the application for a sex change is for Malaysia. Therefore, medical reports from a local expert is needed," said Abdul Wahab, who also said the court has the jurisdiction to hear and decide on this matter.

The reports referred to are medical and psychiatric reports.

Abdul Wahab added that certain factors have to be considered, such as the medical and psychiatric evidence, and society's recognition of the person's gender.

The other two members of the bench are Justices Datuk Syed Ahmad Helmy Syed Ahmad and Datuk Abdul Aziz Abdul Rahim.

Miss C, who underwent gender reassignment surgery in Thailand in Dec 2006 had filed an application with the Taiping High Court in 2010 to have the particulars in her MyKad changed from male to female.

However in January 2011, Judicial Commissioner Ridwan Ibrahim ruled that the court had no jurisdiction over such matters, adding that the court was of the view that there were no laws empowering it to make decisions on this matter.

At a press conference outside the courtroom today, counsel for Miss C, Canning assemblyman Wong Kah Woh said the decision by the three-man bench that the court has the jurisdiction to hear and decide on Miss C's application made it a landmark case.

"Any lower court will be bound by the decision of this court and will have the jurisdiction to hear such matters," said Wong.

Wong, who is acting pro-bono for Miss C, said his client had filed the application in the Taiping High Court on the recommendation of the National Registration Department (NRD).

"There was a letter from the NRD saying that they do not have the power to change the gender on the MyKad. The NRD said my client had to go to court, and furnish them with a court order," said Wong.

The NRD was represented by Senior Federal Counsel Noor Hisham Ismail.