TAIPING: The High Court here has rejected an application to compel the National Registration Department (NRD) to alter on the identity card the gender of a man who had undergone a sex change operation.
Judicial Commissioner Ridwan Ibrahim, in rejecting the application, said the court was not ready to make a declaration on the matter as it was not vested with such powers.
The plaintiff, a male, now had artificial female organ.
Ridwan, who delivered his decision in chamber, said the best way to resolve the matter was to have a law passed in Parliament to deal with matters on gender change.
He rejected the application, which was submitted to the court in May last year, with cost.
Ridwan also agreed that it was right for the NRD to turn down the applicant's initial application to the department to change the applicant's gender in "her" MyKad.
The identity of the 35-year-old plaintiff who hailed from Kedah was not revealed nor "her" photograph taken on the request of lawyer Wong Kah Woh.
Wong told reporters outside the court that the applicant, who now resides in Hong Kong, was facing much difficulties especially when going through immigration check points in a number of countries due to the gender as stated in official documents.
Wong said he would submit an appeal to the Appeals Court within 14 days as there were two instances where the court had made contradictory rulings.
"In 2005, Judge (Datuk) V.T. Singham said the court had no power to make such a declaration but in another case presided by Datuk James Wong, the court allowed an application to change the gender in the person's identity card," said Wong.
DPP Nazratul Natrah Mohd Yusof acted on behalf of the NRD. - theStar