The Magna Carta and Hong Kong's Basic Law: two big anniversaries
Two anniversaries - the Magna Carta and the Basic Law - offer guidance on the way ahead
The year 2015 marks the 800th anniversary of the Magna Carta. It was hailed by Lord Denning, a celebrated English judge, as "the greatest constitutional document of all times - the foundation of the freedom of the individual against the arbitrary authority of the despot".
That was a loaded interpretation of what in effect was a peace treaty between King John of England (the villain in the Robin Hood legends) and his rebelling land barons, who were up in arms against paying for the king's incessant wars across the Channel. It sought to protect the rights of the privileged landlords, not the poor peasants.
The novelty of the charter, however, was in its provision to set up a "council of barons", elected from the opposition, to ensure the king's compliance. It formed the prototype for the modern-day parliament and congress where the powers of the government's executive branch may be checked.
This year also marks the 25th anniversary of the promulgation of the Basic Law. In his keynote address to celebrate the event, Chief Executive Leung Chun-ying reminded us at length of the five years of painstaking efforts that had been undertaken by the Basic Law Drafting Committee. Helped by the Basic Law Consultative Committee, the drafting committee and its sub-committees consulted extensively and held 112 meetings. The outcome was our Basic Law, widely acclaimed to be of historical importance since it sets a model for the rest of the world on how two distinctly different administrative and economic systems can function together effectively under the sovereignty of one country.
Nearly all of the provisions in the Magna Carta have become obsolete and been repealed or replaced in Britain by modern statutes. Yet its iconic value remains strong and it still inspires constitution drafters. Its provision to protect lay people from arbitrary law enforcement and ensure swift access to justice lays the foundation for today's judicial system.
All of these key provisions are well provided for in our Basic Law, which on the whole has been functioning effectively since it came into effect 18 years ago. What remains is how far and how fast we should move towards making governing institutions more broadly representative of the people.
In the process, we should try to learn from the then Basic Law Drafting Committee - to be ready to listen to all sides and willing to make compromises within the confines of the Basic Law and the National People's Congress' latest resolution. And, most important of all, to see the process as a step in the evolution of the Basic Law in catering to the SAR's changing circumstances, and not as part of a power struggle.
