The Court of Appeal has dismissed a transsexual’s application to change the gender recorded in her identity card because no Malaysian medical report was submitted.

“The court noted that the evidence submitted are medical and psychiatric reports from Thailand and Hong Kong, but the applicant is applying for her (new) identity to be recognised in Malaysia.

“The judges are therefore of the opinion that a Malaysian medical report would be crucial and dismissed the appeal with no order as to costs,” said the applicant’s lawyer, Wong Kah Woh.

However, the court in its decision today also overturned a previous Taiping High Court decision last year that the judiciary has no jurisdiction on the matter.

Justice Abdul Wahab Patail also laid out the factors to be considered in similar cases in the future, namely the medical evidence, the psychiatric evidence, and society’s recognition of the person’s gender.

Besides Abdul Wahab, the other judges making the unanimous decision this morning were Syed Ahmad Helmy Syed Ahmad and Abdul Aziz Abdul Rahim.

NONE When asked whether his client, whom Wong ( right ) has asked to identify only as ‘Miss C’, would appeal, Wong said he would discuss the matter with C, but she is already tired after fighting the case since 2009.

However, he said obtaining the new medical report is also an option, but he also pointed out that the Federal Court would not consider any new evidence if there is an appeal.

Wong, who is also Canning state assemblyperson, told reporters outside the courtroom that C is 35 years old and was born as a male, but had gone for sexual reassignment surgery in Thailand in 2006.

When asked why she had undergone the surgery, Wong quoted from C’s affidavit and psychological report, saying, “Since young, she behaved like a female, she played with female’s toys, and lived like a female. So this has something to do with her psychiatric situation,” he said.

‘Gender left in limbo’

He added that C wanted the respondent - the director-general of the National Registration Department - to change her gender in her identity card because of the hardships she faced following the surgery as her gender was left in limbo.

“After her sex change, she totally looks like a woman apart for the fact that she was born a male.

“She is now staying in Hong Kong and every time she applies for a job, there will be a lot of trouble. She does not have rights like a normal person, such as (being able to) purchase insurance, and when she wants to go in and out of immigration... because her Malaysian passport shows that she is a male, it has caused a lot of problems,” he said.

He added that his client, who was not present in court today, is suffering from depression as a result of her ordeals.