Authorities in Macau have told Lusa that a “prudent study of the legal issues involved” is necessary regarding the recognition of gender identity, ruling out any legislative revision.
“In a situation where there is no general societal consensus, the Government of the Macao SAR [Special Administrative Region] still needs to carry out a prudent study of the legal issues involved,” the Direction of the Services for Justice Affairs (DSAJ) responded by email.
Lusa had asked whether the department planned to create legislation for recognizing gender identity in Macau, the only area in China without laws allowing residents to change the gender marker on identity documents or undergo sex reassignment surgery – both of which are possible in mainland China and Hong Kong.
“The recognition of gender identity involves issues, including those related to the core values of Macao society, civil law provisions, and marital and family relations,” the DSAJ noted.
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The direction stated that “up to this moment, there are no plans to revise the respective legal framework.”
On the occasion of International Transgender Visibility Day on March 31, four transgender people in Macau told Lusa about experiences of exclusion, including barriers to accessing healthcare, employment, and education.
For three of them, Portuguese nationality is the only way to have gender identity legally reflected in an official document. “It means there is a place that accepts my situation and a document that certifies that I am a man,” said Bryson (a pseudonym), a 20-year-old trans man who can obtain a Portuguese passport through his family.
Lusa asked the Portuguese Ministry of Foreign Affairs (MNE) how many Macau residents had changed their sex on the citizen card, but “the Portuguese consular network does not have disaggregated data on such requests.” The ministry added, “These cases are still very rare.”
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The Direction of Identification Services (DSI) in Macau received eight written requests for changing the sex on identity documents between 2004, when the first records were made, and February 28 of this year, all of which were “rejected according to the law.”
Additionally, a total of 25 consultations about altering the registered sex in the BIR were received.
“The DSI will continue to process requests according to the law and established procedures,” the authority concluded.
