Attorney General Graham Leung has expressed the need for a reevaluation of the 2013 Constitution, emphasizing that constitutions should not be crafted with specific individuals in mind but must instead be adaptable to the changing political landscape. In his remarks during the discussion on the Constitution Amendment Bill, Leung pointed out that the current constitution was implemented without democratic consent and highlighted the challenges posed by its stringent amendment process, which requires a supermajority from both parliament and registered voters.
He noted that the amendment provisions make the 2013 Constitution one of the most difficult in the world to change, reflecting an intent to prevent future alterations and hindering democratic processes. Leung asserted that an “illegitimately imposed clause” should not obstruct the functionality of the democratic system and called for a dialogic approach to reform.
Among the beneficial elements of the 2013 Constitution, Leung acknowledged provisions such as equal citizenship and a reduction in the voting age, stating his support for these features while advocating for necessary changes in areas that are currently problematic. He echoed Prime Minister’s calls for a broad discussion on the constitution, emphasizing the importance of creating avenues for open and constructive dialogue regarding potential amendments.
Leung elaborated on his earlier stance that a constitution must evolve to reflect the will of the people, suggesting that engaging a range of viewpoints will be crucial in any reform process. Notably, he has proposed the possibility of seeking an advisory opinion from the Supreme Court regarding the constitutionality of amendment provisions, a move which could mark an important step toward fostering a more responsive governance framework.
This proactive approach is promising; it not only recognizes the public’s desire for reform but also aims to enhance democratic legitimacy through collaborative engagement with various political stakeholders and civil society. By fostering constructive discourse, there is potential for significant advancements in governance that resonate with the aspirations of the populace, strengthening the relationship between citizens and their government.
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