マレーシアで法的性別訂正を申し立てた、33歳のMTFが却下されたらしい。
いい加減にポイントを訳すと、
裁判官は、「わが国にはTSの性別を変えるための法律はない。国会が法律を作らない以上、裁判所が変えるのは越権行為だ。国会が法律を作って解決すべきだ。」といって却下した。
何年か前のどっかの国で聞いたせりふに良く似ている。
気になるのは2点。
まず申立人は、
＞who claims she was born with two sexual organs,
（自分は、男女両方の性器があると主張した）
つまり、ISと主張したらしい。
それに対して裁判官。
＞Singham said it was important to distinguish the difference between transsexual and bisexual, adding that the former is a change of gender by operation while bisexual is a person born with two sex organs.
"In this applicant's case, there is no medical test to show she was born with two sex organs but only a physiology evaluation by a doctor in Penang who recommended reassignment of sex," he said.
シンハム裁判官は、「TSとbisexual（半陰陽のことか）は区別することが重要だ。TSは手術で性別を変えるが、bisexualは生まれつき男女両方の性器がある。」
「この申立人の場合、男女両方の性器があることを示す検査所見はなく、ペナンの病院で手術を推薦した医師による生理的評価があるだけだ」
ここで疑問は
１. 本当にISだったか。
検査所見はないし「男女両方の性器がある」というのは結構珍しいと思う。
真相は分からないが。
日本ではも過去に「ISだ」と主張したものの、真相不明というケースがあったと思うが。
２．ということは、マレーシアではISは性別変更ができるということか。
まあ、多分できるのだろう。
もう一月になったのは次の箇所。
＞Although the case was thrown out, Singham said the court was informed by Mohd Asri Thursday that his client, who applied for a new MyKad after her original one lost, received a new one that stated Wong as a male though the serial number still recognised her as a female.
後半部分は
「MyKadをなくしたあと、新しいのを申請したら、男性と書いているのをもらった。しかし登録番号は女性のままであった。」
というような内容だ。
MyKadとは聞きなれない単語なので、調べてみた。
http://www.big.or.jp/~aochan/news/news03/apr03.htm
ようするにIDカードらしい。
My cardということだろう。
＞According to newspaper reports, transsexuals, who number close to 10,000, have repeatedly complained that attempts to get their gender changed in MyKad had not been successful.
（1万人近いTSの人が、MyKadの性別変更を試みても、うまくいかないことに不満を抱いてる。）
ともあるので、原則MyKadでも変更できないようなのだが。
そういえば、日本でも、国民に番号をつける話しがあったはずだが、どうなったんだろう。
最近話題にもならないので良く分からないけど。
以下記事貼り付け。
http://www.dailyexpress.com.my/news.cfm?NewsID=30536
DAILY EXPRESS NEWS
Woman's bid to register as a male is rejected
05 November, 2004
Ipoh: A 33-year-old woman, who underwent sex change two years ago, failed in her attempt to be legally recognised as a male when the High Court here dismissed her application in a landmark decision.
In dismissing Wong Chiou Yoong's application, Justice Datuk V.T. Singham said it was not for the court to decide as transsexuals did not exist in Malaysian law jurisdiction and the remedy lies elsewhere.
He said there was no expressed legislation to re-register the gender of a transsexual person as there was no error of fact or substance in the registration of birth under Section 27(3) of the Birth and Death Act 1957.
He said the birth certificate and identity card constitute documents revealing not a current identity but historical facts when she was born.
"It is a sensitive subject and this is the first case of this kind," he said.
Singham said that although Wong's counsel Mohd Asri Othman raised practical problems faced by his client in carrying out daily affairs, the court had to confine its reasoning to the context of law.
"If the decision is in favour of the applicant, this court usurps the power of Parliament. It is tried that something the court cannot do," he said in his one-hour oral judgement.
Although the case was thrown out, Singham said the court was informed by Mohd Asri Thursday that his client, who applied for a new MyKad after her original one lost, received a new one that stated Wong as a male though the serial number still recognised her as a female.
Wong, who is currently working in Singapore, was not present but her parents were in court Thursday.
Wong, who was born in Ipoh, underwent sex reassignment operation from female to male in a Penang hospital on April 8, 2002.
On Dec 31, 2002, she applied to the National Registration Department (NRD) in Petaling Jaya to alter her gender from female to male but was rejected.
In her application, Wong asked the court to declare her as a male, instruct the NRD Director-General to change the particulars in her identity card to show that she was a male under Section 14 of the Registration Act 1959 (Act 78) and direct the Chief Registrar of Births and Deaths to change her birth certificate to show she was a male.
Singham said it was important to distinguish the difference between transsexual and bisexual, adding that the former is a change of gender by operation while bisexual is a person born with two sex organs.
"In this applicant's case, there is no medical test to show she was born with two sex organs but only a physiology evaluation by a doctor in Penang who recommended reassignment of sex," he said.
Furthermore, he said, after Wong's birth, her father Wong Hang Chai had registered her as a female and confirmed it again when applying for her identity card at the age of 12.
Singham said although Wong is seeking the order for social and official purpose to be recognised as a man, the court had no power to alter the registration of birth in this case as it involved change of sex.
"At the same time, although transsexual cannot be left in legal limbo, the remedy is elsewhere. Perhaps there is need for consideration whether it should be legislative measures regarding scientific and societal development...in future, it will have far reaching ramifications in matters of employment, pension and others," he said.
He said the issue of transsexual also might raise serious human rights issues but the court felt it was up to Parliament to deal with the matter as it required changes to the law.
Singham said although there were similar cases overseas like in Singapore, Australia and Britain, he could not follow them as Malaysia did not have such legislation.
The judge also pointed out a newspaper report quoting NRD Director-General Datuk Wan Ibrahim Wan Ahmad on Aug 21, 2004 which stated that Malaysians who underwent sex operation are not allowed to change their gender listing in MyKad.
Singham said what was troubling and disturbing were his statement that an exception to the rule was possible with a court order.
"He has no power (to change). Why should he push it to the court," he said.
According to newspaper reports, transsexuals, who number close to 10,000, have repeatedly complained that attempts to get their gender changed in MyKad had not been successful.
When met outside the court, Wong's mother, Ang Liew Teck, said Wong sought legal course as she wanted to be officially recognised as a male and get married.
"Although she was born as a female, her tendency was more like a male. She is my second child...I have one boy and two girls," she said.-Bernama
http://thestar.com.my/news/story.asp?file=/2004/11/4/latest/19558HighCourt
Thursday, November 04, 2004
High Court says no to change of gender
News Update by CHAN LI LEEN of The Star
IPOH: The High Court here dismissed an application by a 33-year-old hermaphrodite who wanted to be declared a man.
Justice V.T. Singham said the decisive significance in determining the applicant’s identity was not the physiological test but the biological test when she was born.
There is no express legislation to register the gender of a transsexual as there is no error of fact or substance in the register of birth,・he said Thursday.
Restaurant worker Wong Chiou Yoong, who claims she was born with two sexual organs, had filed the application with the High Court here last year after numerous failed attempts to alter her birth certificate and identity card at the department.
