Definition of 'transgender' in compiling statistics on immigration detainees

Gigi Lo made this Freedom of Information request to Immigration Department

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Dear Immigration Department,

I am writing to make an information request regarding transgender detainees in immigration detention facilities. May I know,

A) How does the Immigration Department define ‘transgender’ in the context of compiling statistics such as the 'number of transgender detainees' in Castle Peak Bay Immigration Centre on a given day (ex. End of month date)?

Thank you kindly for your help with this matter.

Yours faithfully,

Gigi Lo

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R) Pt.7

Dear Gigi Lo,

Our department has received your application for access to information on
12.05.2022. Your application is now under processing. According to
paragraph 1.16 of the Code on Access to Information, our department will
inform you of the latest progress of the case separately on or before
01.06.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R) Pt.7

Dear Gigi Lo,

I refer to your request for access to information on 12 May 2022 and our
interim reply to you on 20 May 2022.  I hereby provide you with the
following information.

In general, detainees at the Castle Peak Bay Immigration Centre ("CIC")
will be separated according to their gender on identity documents.  For
transgender detainees, CIC will arrange medical officers to confirm their
physical conditions in order to arrange suitable custodial environment
with due regard to their wishes and best interest.

I hope the information is useful to you.

Best Regards,

LEI Wa-yan
for Director of Immigration

Dear Immigration Department,

Thank you very much for your response and the information provided.

Considering that transgender people in Hong Kong must undergo sex reassignment surgery to legally change their gender on their documents, I would like to clarify:

Specifically in the context of compiling statistics on the detainee population (such as the end of month population disaggregated by gender), are detainees who are categorized as 'transgender' defined by whether they have undergone a sex reassignment surgery? Ie. if an individual has undergone sex reassignment surgery and legally changed their gender, would they be categorized as their identified gender or categorized as 'transgender' when ImmD is compiling records and statistics?

Thank you kindly for your time and help and I look forward to your reply.

Yours faithfully,

Gigi Lo

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R) Pt.7

Dear Gigi Lo,

Our department has received your follow-up application for access to
information on 18.07.2022. Your application is now under processing.
According to paragraph 1.16 of the Code on Access to Information, our
department will inform you of the latest progress of the case separately
on or before 07.08.2022.

If you have any enquiry, please contact the undersigned via this email.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration

Immigration Department

Our Reference: L/M (2) in ImmD CIC/6-5/10 (R) Pt.7

Dear Gigi Lo,

I refer to your request for access to information on 18 July 2022 and our
interim reply to you on 27 July 2022.  I hereby provide you with the
following information.

In general, for detainees at the Castle Peak Bay Immigration Centre
("CIC"), their gender will be recorded according to that on their identity
documents.  Those detainees who, on the advice of medical officers at the
CIC, have undergone sex reassignment surgery but have not changed their
gender on identity documents will be categorized as 'transgender'.

I hope the information is useful to you.

Best Regards,

CHEUNG Kai-ho
for Director of Immigration